Neutral Tandem, Inc. v. Peerless Network, LLC

NOTE: This order is nonprecedential. United States Court of AppeaIs for the FederaI Circuit NEUTRAL TANDEM, INC., Plaintiff-Appellant, V. PEERLESS NETWORK, LLC, PEERLESS NETWORK OF ILLINOIS, LLC AND JOI'IN ~ BARNICLE, ` ' Defendants-Appellees. 2012-1012 Appeal from the United States District C0urt for the Northern District of I11inois in case n0. 08-CV-O3402, Judge John W. Darrah. ON MOTION ORDER Neutra1 Tandem, Inc. (Neutra1) moves to stay pro- ceedings in this appeal pending the court’s disposition of Neutral Tandem i). Peerless Network, 2011-1144 The appellees submit an opposition and move to withdraw NEUTRAL TANDEM V. PEERLESS NETWORK 2 their opposition. Neutral replies Neutral also moves for a 60-day extension of time to file its opening brief. Neutral asserts that 2011-1144 will likely affect the outcome of this appeal. Upon consideration thereof, I'r ls ORDERED THAT: (1) The motion to stay is granted Neutral is directed to inform the court within 14 days of the issuance of the mandate in 2011-1144 how it believes this appeal should proceed The appellees may also respond within that tirne. (2) A copy of this order shall be transmitted to the merits panel assigned to hear 2011-1144 to inform the panel of this related case. . (3) The appellees' motion to withdraw their opposi- tion to the appellant’s motion is granted (4) The appellant’s motion for an extension of time is moot. FOR THE COURT DEC 29 2011 /s/ Jan Horbaly Date J an Horbaly Clerk oct John R. _Harrington, Esq. U.&C0UR‘i':¢li=r1"Epl1,'5qLs FOR David Rene’ Yohannan, Esq. TH-5 FEDERAL ClRCUlT 320 |JEC 2 9 2011 .IAN HORBALY CLERK