Jack Pollack and Menomonee Enterprises, Inc., Plaintiffs-appellants, v. the United States, Defendant-appellee, 873 F.2d 1450 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 873 F.2d 1450 (Fed. Cir. 1988) Dec. 14, 1988

Before FRIEDMAN, BISSELL and ARCHER, Circuit Judges.

BISSELL, Circuit Judge.


Jack Pollack and Menomonee Enterprises, Inc. move to file their brief out of time and for a 60-day extension of time to file their brief.

Pollack's brief was due November 21, 1988. On November 30, this court received the instant motion with the explanation that counsel "was under the impression that all proceedings, including filing the Brief, were stayed until he was admitted to the Bar." Counsel does not state the basis for his "impression."

The docketing letter, the Federal Rules of Appellate Procedure and the court's local rules make clear that the briefing schedule is not suspended for reasons such as this. Moreover, Fed. Cir. R. 31(d) specifically puts parties on notice that the consequence of failing to file a brief is dismissal. We find no reason to make an exception.



(1) Pollack's motion to file his brief out of time is denied.

(2) Pollack's motion for a 60-day extension of time is denied.

(3) The Clerk is directed to dismiss the case for failure to prosecute.