Zoeller v. McHugh

NOTE: This order is nonprecedential. United States Court of AppeaIs for the FederaI Circuit BRUCE E. ZOELLER, Appellant, V. JOHN MCHUGH, SECRETARY OF THE ARMY, Appellee. 2011-1167, -1168 _ Appeals from the Armed Services Board of Contraot Appeals in no. 56578, Administrative Judge Jack Delman. ON MOTION PER CUR1AM. 0 R D E R Bruce E. Zoeller moves to "enforce" an order of the Armed SerVices Board of C0ntract Appeals. The Secre- tary of the A_rmy moves for an extension of time and opposes Zoe1ler's motion. Zoe1ler also moves for leave to file a replacement opening brief for an extension of time, to forward the record, and submits a supplement to his petition for revieW. ZOELLER V. ARMY 2 Zoeller has not shown entitlement to relief in his mo- tion to enforce an order of the Board. lnstead, the motion appears to include his arguments why the Board improp- erly denied his request for sanctions, etc. Such argu- ments challenging the Board's determination should be in the briefs. Accordingly, IT ls 0RDEREn THAT: (1) The motion to enforce is denied _ (2) The motion for leave and Zoeller's motion for an extension of time to file a replacement opening brief are granted The replacement opening brief is accepted for filing The Secretary should compute the due date for his brief from the date of filing of this order. The Secretary's motion for an extension of time is granted . _ (3) The motion to forward the record is denied. The parties may include within appendices to their briefs copies of the relevant documents from the record, (4) The supplement to the petition for review shall be placed in the file FoR THE CoURT AUG 1 3 2011 /S/ Jan H0rba1y Date J an Horbaly Clerk cc: Bruce E. Zoeller Cameron Cohick, Esq. s8 U.S. COURlEfllFEIPPEALS FOR THE FEDERAL C!RCUlT AUG 1 8ZUll 1AN HDRBAL\' CLERK