Case: 13-1113 Document: 40 Page: 1 Filed: 06/18/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
ZHAOQING NEW ZHONGYA ALUMINUM CO., LTD.
AND ZHONGYA SHAPED ALUMINUM (HK)
HOLDING LIMITED,
Plaintiffs-Appellants,
AND
GUANG YA ALUMINUM INDUSTRIES CO., LTD.,
FOSHAN GUANGCHENG ALUMINUM CO., LTD.,
KONG AH INTERNATIONAL COMPANY LIMITED,
GUANG YA ALUMINUM INDUSTRIES (HONG
KONG) LIMITED, AND GUANG CHENG ALUMINUM
INDUSTRIES (USA), INC.,
Plaintiffs,
v.
UNITED STATES,
Defendant-Appellee,
AND
ALUMINUM EXTRUSIONS FAIR TRADE
COMMITTEE,
Defendant-Appellee.
__________________________
2013-1113
__________________________
Case: 13-1113 Document: 40 Page: 2 Filed: 06/18/2013
ZHAOQING NEW ZHONGYA ALUMINUM V. US 2
Appeal from the United States Court of International
Trade in consolidated Nos. 11-CV-0178 and 11-CV-0196,
Chief Judge Donald C. Pogue.
__________________________
ON MOTION
__________________________
Before NEWMAN, REYNA, and WALLACH, Circuit Judges.
NEWMAN, Circuit Judge.
ORDER
Zhaoqing New Zhongya Aluminum Co., Ltd. and
Zhongya Shaped Aluminum (HK) Holding Limited (Ap-
pellants) move for an extension of time to file a brief.
Aluminum Extrusions Fair Trade Committee opposes and
moves to dismiss this appeal.
Appellants’ brief was due April 5, 2013. On April 22,
2013, Appellants filed a motion for an extension of time
until April 23, 2013 to file their brief. Appellants failed to
file a brief on April 23, 2013.
In its motion for an extension of time, Appellants’
counsel stated that he “was planning to file its principal
brief by the Friday April 5, 2013 deadline” but that a
“computer crash and loss of the pertinent files” prevented
him. Counsel then stated that he “could have filed on
Monday April 8, 2013” but “further reflection especially
over the weekend of April 5-7, 2013 . . . led to the conclu-
sion that filing the principal brief was still premature . . .
.”
Failure to comply with this court’s rules, including
failure to file a brief, may result in dismissal of an appeal
for failure to prosecute. Julien v. Zeringue, 864 F.2d
1572, 1574 (Fed. Cir. 1989).
Case: 13-1113 Document: 40 Page: 3 Filed: 06/18/2013
3 ZHAOQING NEW ZHONGYA ALUMINUM V. US
Accordingly,
IT IS ORDERED THAT:
(1) The motion for an extension of time is denied.
(2) The motion to dismiss is granted.
(3) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s26
ISSUED AS A MANDATE: June 18, 2013