NOTE: This order is nonprecedential United States Court of A11peaIs for the FederaI Circuit MARTIN H. JOHNSON, Plain.tiff-AppeIlant, V. UNITED STATES, Defendcmt-Appellee. 2011-5094 . Appeal from the United States Court of Federal C1aims in case no. 09-CV-62O, Judge Th0mas C. Wheeler. ON MOTION ORDER Martin H. Johnson has filed a "motion in limine . . . to preclude certain opinion testimony pursuant to Federa1 Rules of EVidence 702." The United States opposes and moves to strike portions of J0hnson's reply brief in which he makes similar arguments T0 the extent Johnson is seeking to strike portions of the United States‘ brief or appendix that discusses or includes evidence that Johnson challenges Johnson should have made any such challenges within the context

JOHNSON V. US 2 of the briefs. Fed. Cir. R. 27(e). To the extent that the United States' motion to strike challenges Johnson‘s assertions in his reply brief, the court defers that issue to the merits panel. According1y, IT Is 0RDEREr) THAT: (1) Johnson‘s motion is denied Fed. Cir. R. 27(e). (2) The United States' motion to strike is deferred for consideration by the merits panel Copies of this order and the motion shall be transmitted to the merits panel FOR THE COURT FE3 l 5 mm 151 Jan H@rba1y Date J an Horbaly Clerk - cc: Michael D.J. Eisenberg, Esq. Eric P. Bruskin, Esq. F|LED U.S. CGUFlT 0F APPEAlS FUFl S8 THE FEDEFlAL ClHCUlT FEB l62[ll2 JAN HORBALV Cl.ERK