NOTE: This order is nonprecedential.

Wniteb ~tates QCourt of §ppeaIs for tbe jfeberaI QCircuit

HIGHMARK, INC., Plaintiff-Appellee, v. ALL CARE HEALTH MANAGEMENT SYSTEMS, INC., Defendant-Appellant

2011-1219

Appeal from the United States District €ourt for the Northern District of Texas in case no. 03-CV-1384, Judge Terry Means.

ON MOTION

ORDER Highmark, Inc. moves without opposition for a 7-day extension of time, until December 16, 2011, to file its reply to Allcare's opposition to Highmark's motion to find appeal by Allcare Health Management Systems, Inc. to be frivolous. Upon consideration thereof, HIGHMARK v. ALLCARE HEALTH 2

IT Is ORDERED THAT: (1) The motion for an extension of time is granted. (2) The motion to find the appeal frivolous is deferred for consideration by the merits panel. Copies of this order, the motion, the response, and the reply shall be transmit- ted to the merits panel. FOR THE COURT

DEC 142011 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Cynthia E. Kernick, Esq. Donald R. Dunner, Esq. u.s. courJ~~WPEALS FOR THE FEDERAL CIRCUIT s21 OE~ 142011

JANHORBALY ClERK