`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`RASMUSSEN INSTRUMENTS, LLC,
`Plaintiff-Cross-Appellant
`
`v.
`
`DEPUY SYNTHES PRODUCTS, INC., DEPUY
`SYNTHES SALES, INC.,
`Defendants-Appellants
`
`MEDICAL DEVICE BUSINESS SERVICES, INC.,
`Defendant-Appellee
`______________________
`
`2023-1855, 2023-1856, 2023-2399, 2024-1047
`______________________
`
`Appeals from the United States District Court for the
`District of Massachusetts in No. 1:20-cv-11807-TSH, Judge
`Timothy S. Hillman.
`______________________
`
`ON MOTION
`______________________
`
`O R D E R
`Cross-appellant moves to extend the time by 14 days,
`
`until April 15, 2024, to file its opening and response brief.
`Federal Circuit Rule 26(b)(1) further provides that a mo-
`tion to extend time that is made within seven days of the
`
`
`
`
`
`
`
`Case: 23-1855 Document: 27 Page: 2 Filed: 03/27/2024
`
` RASMUSSEN INSTRUMENTS, LLC v. DEPUY SYNTHES PRODUCTS, 2
`
`
`INC.
`
`date to be extended must “be accompanied by an affidavit
`or unsworn declaration under penalty of perjury under
`28 U.S.C. § 1746 that describes the extraordinary circum-
`stances.” The motion, however, includes no such affidavit
`or declaration.
` Upon consideration thereof,
`
`IT IS ORDERED THAT:
`
`(1) The motion is denied without prejudice to filing a
`new motion that is accompanied by an affidavit or unsworn
`declaration
`under
`penalty
`of
`perjury
`under
`28 U.S.C. § 1746 that describes the extraordinary circum-
`stances underlying the requested extension.
`
`(2) Cross-appellant’s principal-and-response brief is
`due no later than April 1, 2024. The combined response
`and reply brief of appellants and response brief of appellee
`is due within 40 days thereafter. Cross-appellant’s reply
`brief is due no later than 21 days after the date of service
`of that brief. The joint appendix is due no later than 14
`days after the date of service of the reply brief.
`
`
`
`
`
`
`
`March 27, 2024
` Date
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`
`
`
`
`
`
`FOR THE COURT
`
`
`
`
`
`
`
`
`
`
`
`
`
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