Baychar, Inc. v. Salomon North America, Inc.

Error: Expected the default config, but wasn't able to find it, or it isn't a Dictionary
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-1105
BAYCHAR, INC. and BAYCHAR HOLDINGS LLC,
Plaintiffs-Appellants,
v.
SALOMON NORTH AMERICA, INC.,
Defendant-Appellee.
ON MOTION
Before NEWMAN, RADER, and LINN, Circuit Judges.
RADER, Circuit Judge.
ORDER
Salomon North America, Inc. moves to dismiss Baychar, Inc et al.’s (Baychar)
appeal of the United States District Court for the District of Maine’s judgment in
Baychar, Inc. v. Salomon North America, Inc., No. 04-CV-136 (Nov. 6, 2006), as
untimely. Baychar has not responded.
The district court’s docket sheet in reflects that judgment was entered on
November 6, 2006. The docket sheet further reflects that Baychar filed its notice of
appeal on December 11, 2006, 35 days after entry of judgment. On December 11,
Baychar filed a motion in the district court requesting an extension of time to file its
notice of appeal. The trial court denied that motion on January 2, 2007. We note that
Baychar filed a renewed motion for an enlargement of time in the district court on
January 29, 2007.
A notice of appeal must be filed within 30 days after judgment is entered. See
Fed. R. App. P. 4(a)(1)(A). An appeal not filed within that time must be dismissed.
Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 (1982) (“It is well settled
that the requirement of a timely notice of appeal is ‘mandatory and jurisdictional.’ ”
(citation omitted)); Sofarelli Associates, Inc. v. United States, 716 F.2d 1395 (Fed. Cir.
1983) (appeal must be dismissed for lack of jurisdiction where notice of appeal is
untimely). Thus, the appeal is dismissed.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is granted.
(2) Each side shall bear its own costs.
FOR THE COURT
March 1, 2007 /s/ Randall R. Rader
Date Randall R. Rader
Circuit Judge
cc: John Kepler, III, Esq.
James E. Hartley, Esq.
s17
ISSUED AS A MANDATE: _____________________________
2007-1105 2