CUTINO v. NIGHTLIFE MEDIA, INC. , No. 13-1541 (Fed. Cir. 2013)

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Case: 13-1541 Document: 21 Page: 1 Filed: 12/03/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MICHAEL J. CUTINO, Appellant, v. NIGHTLIFE MEDIA, INC., Appellee. ______________________ 2013-1541 ______________________ Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in Opposition No. 91186025. ______________________ ON MOTION ______________________ ORDER Nightlife Media, Inc. moves without opposition for leave to file a formal brief, leave to file a supplemental appendix, and for an extension of time. Michael J. Cutino files a request for an informal brief, which the court construes as a motion to file a corrected informal brief. Nightlife s motion suggests that some documents submitted with Cutino s brief may not be part of the Case: 13-1541 Document: 21 2 Page: 2 CUTINO Filed: 12/03/2013 v. NIGHTLIFE MEDIA, INC. record before the Trademark Trial and Appeal Board. To the extent that any documents were improperly included, Nightlife should file a formal motion to strike such documents. See Fed. R. App. P. 16(a). Upon consideration thereof, IT IS ORDERED THAT: (1) Cutino s motion to file a corrected informal brief is granted. His informal brief tendered on August 26, 2013, is accepted as filed. (2) Nightlife s formal response brief, compliant with Fed. R. App. P. 28 and Fed. Cir. R. 28, including a summary of the argument, is due within 40 days of the date of this order. (3) Nightlife s motion for leave to file a supplemental appendix with its brief is granted. The supplemental appendix should include the certified list. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s23

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