NEWGARD v. SHINSEKI , No. 14-7005 (Fed. Cir. 2013)
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Case: 14-7005 Document: 9 Page: 1 Filed: 12/12/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ HOWARD NEWGARD, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2014-7005 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 12-1334, Chief Judge Bruce E. Kasold. ______________________ ON MOTION ______________________ ORDER Howard Newgard ( Newgard ) moves without opposition for a thirty day extension of time to file his brief. He separately moves the court to take judicial notice of certain documents. The Secretary of Veterans Affairs ( Secretary ) responds. Case: 14-7005 Document: 9 2 Page: 2 Filed: 12/12/2013 NEWGARD v. SHINSEKI In light of the arguments raised in the Secretary s response, this court deems it the better course to defer Newgard s motion to take judicial notice until after he has filed his initial brief. Accordingly, IT IS ORDERED THAT: (1) Newgard s motion for an extension of time is granted to the extent that his initial brief is due December 30, 2013. (2) This court will not act on Newgard s motion to take judicial notice until after he has filed his initial brief. The Secretary is directed to respond concerning its opposition to Newgard s motion to take judicial notice no later than January 6, 2014. Newgard shall file any reply to the Secretary s response no later than January 13, 2014. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26
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