NOTE: This order is nonprecedential

United States Court of Appeals for the Federal Circuit

COMINT SYSTEMS CORPORATION AND EYEIT.COM, INC., JOINT VENTURE, Plaintiffs-Appellants,

AND NETSERVICES & ASSOCIATES, LLC, Plaintiff,

v. UNITED STATES, Defendant-Appellee,

AND NETCENTRICS CORPORATION, Defendant-Appellee,

AND

DIGITAL MANAGEMENT, INC., Defendant,

AND

POWERTEK CORORATION, Defendant.

2012-5039

COMINT SYSTEMS CORP V. US 2

Appeal from the United States Court of Federal Claims in consolidated case nos. 11-CV-400 and 11-CV- 416, Judge Margaret M. SWeeney.

ON MOTION

ORDER

The United States moves to strike portions of the joint appendix as well as any portions of COMINT Systems Corporation and Eyelt.com, Inc., Joint Venture’s ("COMIN'I"’) briefs that discuss the substance of those documents. COMINT opposes. The United States re- plies.

Upon consideration thereof, IT IS ORDERED THAT:

(1) The motion is deferred for consideration by the merits panel assigned to hear the case.

(2) Copies of the motion, response and replyiwill be transmitted to the merits panel.

FoR THE CoURT

AUG l 5 299 /S/ Jan Horbaly Date J an Horbaly Clerk

cc: David B. Dempsey, Esq. Philip F. Hudock, Esq.

David P. Metzger, Esq. u_S_cGuR-FBEEAP¢,EA¢_S mg Gerard F_ Doyle, Esq_ THE FEDERAL ClRCUlT Karen R. Harbaugh, Esq. AU@ 1 5 2012

Alexander V. Sverdlov, Esq. JAN HDRBALY

CLERK