NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit TAYLOR RUSSELL, ON BEHALF OF HIMSELF AND ALL OTHER SIMILARLY SITUATED, Plaintiff-Appellant, V. UNITED STATES, Defendant- Appellee. 2010-1498 `` Appea1 from the United StateS District Court for the Northern District of Calif0rnia in case no. 09-CV-3239, Judge William H. Alsup. ON MOTION Before GAJARSA, Circuit Judge. 0 R D E R Tay1or Russe11 moves to consolidate the above~ captioned case with his later-filed appea1, No. 2011-1230, or in the alternative to enlarge the record The United States opposes and moves to strike portions of the joint appendix Russe11 replies and opposes the United States’ RUSSELL V. US 2 motion to strike. The court considers whether these appeals should proceed as companion cases. Regarding Russell’s motion to consolidate, because briefing is complete in appeal no. 2010-1498, we deem it the better course to treat the appeals as companion cases. Because the cases will be treated as companion cases, there is no need to reach Russell’s alternative motion to include in the joint appendix in 2010-1498 copies of documents that pertain to 2011-1230. Similarly, because the cases will be heard together, there is no need to include in the 2010-1498 joint appendix documents re- lated to the 2011-1230 case. Thus, we grant the motion to strike without prejudice to Russell including the docu- ments in the joint appendix for 2011-1230. Accordingly, _ rr is oRoEREn THAT; `` (1) Russell’s motion to consolidate is denied. (2) Appeals 2010-1498 and 2011-1230 will be treated as companion cases. The appeals will be briefed sepa- rately. HoweVer, the cases will be argued together before the same merits panel. (3) Russell’s motion to enlarge the record is denied as moot. (4) The United States’ motion to strike is granted. Russell is directed to file a corrected joint appendix in 2010-1498 within 14 days of the date of filing of this order. (5) A copy of this order shall be transmitted to the merits panel assigned to hear these cases.