NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit TOTOLOIKING JOINT VENTURE, Plaintiff-Appellant, V. UNITED STATES, Defen,dant-Appellee.

2010-5037, -5167 Appeals from the United States Court of Federal Claims in case no. 09-CV-104, Judge Christine O.C.

Mi1ler.

ON MOTION Bef0re SCHALL, Circuit Judge.

0 R D E R Upon consideration of the appellant's unopposed mo- tion to consolidate the two above-captioned appeals, and to permit the filing of a supplemental opening brief by the appellant, IT ls ORDERED THAT: TOTOLO/KING JOINT VENTURE V. US 2 (1) The motions are granted The revised official cap- tion is reflected above. (2) The appellant may file a supplemental opening brief addressing only its arguments in appeal 2010-516'7.

That brief should not exceed 6,151 words and is due within 30 days of the date of filing of this orde1'. Fo1low- ing that, all briefing is consolidated and the United States' brief addressing both appeals is due within 40 days of the date of service of the appellant's supplemental opening brief FoR THE CoURT mg 2 9 mm /s/ J an Horbal3§ Date J an Horbaly Clerk cc: Jarnes Edward Krause, Esq.

John S. Groat, Esq. ‘ 1 n ¢.,..§gg; mt ss me 0GT 29 2010 .|AN HORBALY CLER_K ',j. _____ __