Al Shimari v. Dugan et al

Filing 119

ORDER of USCA as to 115 Notice of Cross Appeal filed by Salah Hasan Nusaif Jasim Al-Ejaili, Taha Yaseen Arraq Rashid, Suhail Najim Abdullah Al Shimari, Sa'ad Hamza Hantoosh Al-Zuba'e. In appeal No. 09-2324, the original defts in the district court have filed a motion to dismiss the original pltf's cross-appeal because the notice of cross-appeal was not timely filed. The court grants the the motion to dismiss the cross-appeal. (nmck, )

Case 1:08-cv-00827-GBL-JFA Document 119

Filed 02/23/10 Page 1 of 2

FILED:
UNITED FOR STATES THE COURT OF APPEALS CIRCUIT

February

23,

2010

FOURTH

I

L

No.

09-1335

FEB 2 3 2010
CLERK, U.S. DISTRICT COURT ALEXANDRIA. VIRGINIA
ARRAQ RASHID; AL-

{1:08-CV-00827-GBL-JFA)

SUHAIL SA'AD
EJAILI,

NAJIM HAMZA

ABDULLAH HANTOOSH

AL

SHIMARI;

TAHA

YASEEN

AL-ZUBA'E;

SALAH

HASAN

NUSAIF

Plaintiffs
v.

- Appellees,

CACI

INTERNATIONAL,

INCORPORATED;

CACI

PREMIER

TECHNOLOGY,

INCORPORATED,

Defendants

-

Appellants.

No.

09-2324

(1:08-CV-00827-6BL-JFA)

SUHAIL

NAJIM

ABDULLAH

AL

SHIMARI; SALAH
-

TAHA HASAN

YASEEN

ARRAQ

RASHID;

SA'AD HAMZA HANTOOSH AL-ZUBA'E;
Plaintiffs
v.

NUSAIF AL-EJAILI,

Appellants,

CACI

PREMIER

TECHNOLOGY,

INCORPORATED;

CACI

INTERNATIONAL,

INCORPORATED,

Defendants

-

Appellees.

ORDER

Case 1:08-cv-00827-GBL-JFA Document 119

Filed 02/23/10 Page 2 of 2

In

Appeal

No.

09-2324,

the

original

Defendants

in

the

district

court

have

filed

a

motion
the

to

dismiss
of

the

original
was

Plaintiff s not timely
a

cross-appeal filed.
party has to

because the

notice

cross-appeal of

Under
a

Federal
in the which entry

Rules
the of

Appellate
States in is

Procedure, not a party

lawsuit from

United judgment

thirty

days

which

to

file
R.

a

notice
P.

of

appeal.

Fed.
of

R.
a

App.

P.

4(a)(l)(A).
must be

Under
filed

Fed.

App.

4 (a) (3),

notice

cross-appeal

within

fourteen

days

of
by

the
Rule

first
4 (a).

notice,
See

or

within
v.

the

time
834

otherwise

prescribed

LaFaut

Smith,

F.2d
order

389,
was

394

n.9

(4th
on

Cir.

1987).
19,

Here,
2009,

the

district
the

court's
original

entered

March

and

Defendants'

notice

of

appeal

was

filed

on

March

23,

2009.

The

period

in

which

the

original

Plaintiffs
on

had

to
20,

file

a

notice
As

of
the

cross-appeal

expired,

therefore,

April

2009.

original until

Plaintiffs 30,

did 2009,

not

file

their to

notice seek R.

of an App.

cross-appeal extension P. or

November of

and period

failed under

reopening
(6),

the

appeal
of

Fed.
was

4 (a) (5),
filed.

their

notice

cross-appeal

not

timely

Accordingly,

we GRANT

the motion

to dismiss

the

cross-appeal.

For

the

Court

/s/

Patricia
Clerk

S.

Connor