NOTE: This order is nonprecedential.

flintteh games" @1111 of appeals for the erheral Qtirtuit

STEVEN T. WALTNER, Plaintiff-Appellant,

AND

SARAH V. WALTNER, Plaintiff-Appellant,

V.

UNITED STATES, Defendant-Appellee. '

2011-5105

Appeal from the United States Court of Federal Claims in case no. 10-CV-225, Judge Marion Blank Horn.

0N MOTION

ORDER

The appellants move for this appeal to be heard on the original record or in the alternative for leave to file the joint appendix on a cd and to substitute in the record a redacted version of their complaint.

WALTNER V. US 2

4," It appears that the appellants seek to not file an ade- quate appendix. However, because the record is not transmitted to the court, the court deems it appropriate to require the filing of an appendix. The appellants are proceeding pro se. Thus, the court requests that the United States file the appendix pursuant to Fed. Cir. R. 30(9). Because the parties in their briefs refer to the pages or documents in the record, the briefs must be corrected or refiled with proper reference to an appendix.

Accordingly, IT IS ORDERED THAT:

(1) The motions are denied, except that the court re- quests that the United States file the appendix.

(2) The parties must file corrected briefs or make cor- rections to the briefs on file within 30 days of the date of filing of this order. The corrected briefs must refer to pages of the joint appendix, not to the record. Counsel for the United States should promptly inform the appellants of the appendix page numbers for the matters cited by the appellants in their briefs.

(3) The joint appendix is due Within 45 days of the date of filing of this order. The appendix need only in—

clude pages referenced by the parties in their briefs, along with the mandatory items listed in Fed. R. App. P. 30 and Fed. Cir. R. 30.

FOR THE COURT

DEC 03 20“ Isl Jan Horbaly Date Jan Horbaly Clerk

cc: Steven T. Waltner V. Sarah Waltner FILED

Steven K. Uejio, Esq. l3. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

DEC 082011

s8

JAN HDRBALY CLERK