Bingo Card Minder Corporation, Plaintiff-appellee, v. Power Bingo, Ltd., Defendant-appellant, 99 F.3d 1159 (Fed. Cir. 1996)

ORDER

Power Bingo, Ltd. files a notice stating that the automatic stay was lifted in its bankruptcy proceeding on September 3, 1996. Power Bingo moves (1) for reinstatement of the above-captioned appeal in accordance with this court's July 27, 1995 order^*  and (2) to establish a briefing schedule. Bingo Card Minder Corporation (BCM) has not responded.

Power Bingo proposes that its opening brief be due on November 22, 1996, that BCM file its response brief within 60 days of service of Power Bingo's brief, and that Power Bingo file its reply brief within 17 days of service of BCM's brief. However, it does not appear that BCM has consented to this schedule. Power Bingo may not request an extension of time on behalf of BCM. Thus, we will allow Power Bingo to file its opening brief on November 22, 1996, but the briefing schedule set forth in the court's rules will control thereafter.

Accordingly,

IT IS ORDERED THAT:

(1) Power Bingo's motion for reinstatement of appeal no. 95-1310 is granted.

(2) Power Bingo's motion to establish the briefing schedule is denied. Power Bingo's opening brief is due November 22, 1996.