la NOTE: This order is-nonprecedential United States Court of AppeaIs for the FederaI Circuit K-MAR INDUSTRIES, INC., Plain,tiff-Appellant, V. UNITED STATES, Defendant-Appellee, AND FIVE RIVERS SERVICES LLC, Defen,dant.

2010-5090 Appeal ffr0m the United States C0urt of Federa1 C1aims in case n0. 08-CV-877, Seni0r Judge L0ren A.

Sn1ith.

ON MOTION Bef0re SCHALL, Circuit Judge.

0 R D E R The United States move to strike certain arguments included in K-Mar Industries, Inc.’s (K-Mar) reply brief K-MAR INDUSTRIES V. US 2 or, in the alternative, moves to treat its motion as a sur- reply. K-Mar moves for an extension of time to file an opposition and opposes the motion to strike The United States replies. K-Mar also moves to amend its reply brief.

Upon consideration thereof, IT Is 0RDERED THAT: (1) The United States' motions are deferred to the merits panel assigned to hear this case. Copies of the motion, opposition, reply, and this order shall be trans- mitted to the merits panel. (2) K-Mar’s motion for an extension of time is granted K-Mar's motion to amend its reply brief is denied FoR THE COURT 0CT 2 8 mm /s/ Jan Horbaly Date J an Horbaly Clerk ccc Marilyn H. David, Esq.

W`lli P. R l, E . ` am sq .,m.,steaM,R 'iHE FEoERAL-crRculT 0CT 2 8 2010 lAN HORBAl.Y Ci.ERK