Power Density Solutions LLC v. United States

• Court: Court of Appeals for the Federal Circuit
• Decided: October 26, 2023
• Docket: 23-1957
• Status: Unpublished

Opinion

Case: 23-1957 Document: 8 Page: 1 Filed: 10/26/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

POWER DENSITY SOLUTIONS LLC, JAMES HILDEBRANDT, Plaintiffs-Appellants

v.

UNITED STATES, Defendant-Appellee ______________________

2023-1957 ______________________

Appeal from the United States Court of Federal Claims in No. 1:21-cv-00911-AOB, Judge Armando O. Bonilla. ______________________

ON MOTION ______________________

Before DYK, CUNNINGHAM, and STARK, Circuit Judges. CUNNINGHAM, Circuit Judge. ORDER The United States Court of Federal Claims entered judgment in this case on March 21, 2023. On May 23, 2023, appellants filed their notice of appeal from that judgment. The United States moves to dismiss this appeal as un- timely. The appellants have not responded. Case: 23-1957 Document: 8 Page: 2 Filed: 10/26/2023

To be timely, a party must file an appeal within 60 days of the final judgment or order being appealed from the Court of Federal Claims. See 28 U.S.C. §§ 2107, 2522; Fed. R. App. P. 4(a)(1)(B); Fed Cir. R. 1(a)(1)(C). This time limit is “a jurisdictional requirement” and “not subject to equita- ble tolling.” Marandola v. United States, 518 F.3d 913, 914 (Fed. Cir. 2008) (citation omitted). Here, the notice of ap- peal was due no later than May 22, 2023. Fed. R. App. P. 26(a)(1)(C). Because the notice of appeal was not received within that time, we lack jurisdiction and must dismiss. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) The parties shall bear their own costs. FOR THE COURT

October 26, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Clerk of Court