Narrative Opinion Summary
Shanklin Corporation's motion to dismiss American Packaging Machinery, Inc.'s (APM) appeal (2006-1488) for failure to prosecute has been granted by the court. APM had opposed the dismissal and sought an extension until September 25, 2006, to file its brief, but this request was considered out of time. The court had previously notified APM that its brief was due 60 days after docketing, which was on August 7, 2006. APM's argument that its brief was not overdue based on a different rule was dismissed, as the relevant Federal Circuit Rule 31 governs the brief due date. APM did not provide sufficient justification to avoid dismissal for failure to comply with the court's rules. Consequently, the appeal has been dismissed, and Shanklin’s brief in related appeal 2006-1509 is due within 40 days of the order's filing. APM’s motion for an extension is denied as moot. The revised official captions have been updated accordingly.
Legal Issues Addressed
Compliance with Federal Circuit Rule 31subscribe to see similar legal issues
Application: APM's argument for a different due date was rejected as the court determined the brief due date was governed by Federal Circuit Rule 31.
Reasoning: APM's argument that its brief was not overdue based on a different rule was dismissed, as the relevant Federal Circuit Rule 31 governs the brief due date.
Denial of Extension for Filing Briefsubscribe to see similar legal issues
Application: APM's request for an extension to file its brief was denied because it was filed past the deadline and deemed moot due to the dismissal of the appeal.
Reasoning: APM had opposed the dismissal and sought an extension until September 25, 2006, to file its brief, but this request was considered out of time.
Motion to Dismiss for Failure to Prosecutesubscribe to see similar legal issues
Application: The court granted Shanklin Corporation's motion to dismiss the appeal by American Packaging Machinery, Inc. (APM) due to APM's failure to file its brief within the prescribed time limits.
Reasoning: Shanklin Corporation's motion to dismiss American Packaging Machinery, Inc.'s (APM) appeal (2006-1488) for failure to prosecute has been granted by the court.