Narrative Opinion Summary
Neutral Tandem, Inc. has filed a motion to stay the proceedings in its current appeal until the court resolves the related case of Neutral Tandem v. Peerless Network, 2011-1144, which it argues may influence the outcome of the appeal. The appellees opposed the stay but later moved to withdraw their opposition. Neutral Tandem replied to the opposition and also requested a 60-day extension to file its opening brief. The court granted the motion to stay, instructing Neutral to update the court within 14 days of the mandate issuance in 2011-1144 regarding the next steps for this appeal, with the appellees allowed to respond within the same timeframe. Additionally, the court decided to inform the merits panel assigned to case 2011-1144 about this related matter. The request from the appellees to withdraw their opposition was granted, and the appellant’s motion for an extension was deemed moot.
Legal Issues Addressed
Extension of Time for Filing Briefssubscribe to see similar legal issues
Application: Neutral Tandem's request for a 60-day extension to file its opening brief became unnecessary following the court's decision to stay the proceedings.
Reasoning: Neutral Tandem replied to the opposition and also requested a 60-day extension to file its opening brief. The appellant’s motion for an extension was deemed moot.
Motion to Stay Proceedingssubscribe to see similar legal issues
Application: The court granted Neutral Tandem's motion to stay the proceedings of its current appeal pending the outcome of a related case, emphasizing the potential influence of the related case on the current appeal.
Reasoning: The court granted the motion to stay, instructing Neutral to update the court within 14 days of the mandate issuance in 2011-1144 regarding the next steps for this appeal.
Notification to Merits Panelsubscribe to see similar legal issues
Application: The court determined that the merits panel assigned to the related case should be informed about the current appeal to ensure awareness of related proceedings.
Reasoning: Additionally, the court decided to inform the merits panel assigned to case 2011-1144 about this related matter.
Withdrawal of Oppositionsubscribe to see similar legal issues
Application: The appellees initially opposed the motion to stay but later sought to withdraw their opposition, which the court allowed.
Reasoning: The appellees opposed the stay but later moved to withdraw their opposition. The request from the appellees to withdraw their opposition was granted.