`
`United States Court of Appeals for the Federal Circuit
`
`2009-1582
`
`TONY COLIDA,
`
`Plaintiff-Appellant,
`
`v.
`
`PANASONIC CORPORATION OF NORTH AMERICA
`
`and PANASONIC CORPORATION,
`
`Defendants—Appellees.
`
`Appeal from the United States District Court for the Northern District of Illinois
`in case no. 09-CV-1786, Judge Matthew F. Kennelly.
`
`Before DYK, Circuit Judge.
`
`ON MOTION
`
`0 R D E R
`
`Panasonic Corporation
`
`of North America
`
`and Panasonic Corporation
`
`(Panasonic) move for reconsideration of the court's order granting Tony Colida's
`
`request for leave to proceed in forma pauperis on appeal. Panasonic also moves to
`
`dismiss CoIida's appeal as frivolous. Colida opposes. Panasonic separately moves for
`
`an extension of time to file its brief.
`
`Because Panasonic filed its motion after Colida filed his opening brief, we
`
`determine that pursuant to Fed. Cir. R. 27(f) Panasonic must make its arguments
`
`concerning dismissal in its response brief. Panasonic's motion for reconsideration of
`
`
`
`this court's order granting Colida's motion for leave to proceed in forma pauperis on
`
`appeal also involves the same issue, E.e., whether Co|ida's appeal is frivolous.
`
`Accordingly,
`
`IT IS ORDERED THAT:
`
`(1)
`
`Panasonic’s motion to dismiss and motion for reconsideration are denied
`
`pursuant to Fed. Cir. R. 27(f) without prejudice to Panasonic making arguments in its
`
`brief concerning the asserted frivolous nature of the appeal and whether the appeal
`
`should be dismissed. A copy of this order shall be transmitted to the merits panel
`
`I assigned to decide this case.
`
`(2)
`
`Panasonic's motion for an extension of time to file its brief is granted.
`
`Panasonic's brief is due within 30 days of the date of filing of this order.
`
`JAN 28 2010
`Date
`
`Tony Colida
`Tadashi Horie, Esq.
`
`cc:
`
`320
`
`FOR THE COURT
`
`Isl Jan Horbaly
`Jan Horbaly
`Clerk
`
`FILED
`u.s. COURT or APPEALS FOR
`THE FEDERAL cmmrir
`
`JAN 2 82010
`
`JAN HORBALY
`CLERK
`
`2009-1582
`
`2
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