NGTE: This order is nonprecedential. United States Court of AppeaIs for the FederaI Circuit GERALD A. KELLOGG, Plain,tiff-Appellant, V. NIKE, INC. AN1) NIKE USA, INC., Defendcmts-Cr0ss Appellants. 2010-1173, -1174, -1195, -1196 Appeals from the United States District Court for the District of Nebraska in case no. 07-CV-0070, Chief Judge Joseph F. Bataillon. ON MOTION ORDER Nike, Inc. and Nike USA, Inc. move for leave to file a corrected reply brief Gerald Kellogg opposes in part. Nike replies. Nike requests that it be allowed to correct six paragraphs Nike and Kellogg agree that Nike may correct paragraphs 1 and 3-6 and thus the motion is unopposed and granted to that extent Kel1ogg opposes the correction

KELLOGG V. N'[KE 2 identified as paragraph 2. The court defers that portion of the motion to the merits panel, and thus the corrected reply brief submitted in response to this order should not include proposed paragraph 2 at this ti1ne- Upon consideration thereof IT ls ORDERE1) THAT: The motion is granted to the extent that Nike may file a corrected brief as explained above. The corrected brief is due within 10 days of the date of this order. The mo- tion regarding the proposed paragraph 2 correction is deferred for consideration by the merits panel assigned to hear this case. Copies of this order, the motion, the response, and the reply shall be transmitted to the merits panel. g FOR THE COURT HAY. 1 1 /sf Jan Horbaly Date Jan Horbaly Clerk FE U.S. COURT 0‘|§\PE}PEALS FOR cc: Mark J. Peterson, Esq_ THE FEDERAL C|F.'culT B. T t W bb, E . ”e“ 9 sq mw 11 2011 s8 .lAll H;DRBALY g stems