John F. Karl, Jr., Appellant v. Sonny Perdue, Secretary of Agriculture, Appellee (2017)

ORDER

Upon consideration of the government's motion for summary affirmance, the response thereto, and the government's reply; appellee Solomon's motion for sanctions and reconsideration of the order granting appellant's second motion for extension of time, and the response thereto; appellee Solomon's second motion for sanctions and the response thereto; appellant's motion to strike the second motion for sanctions; appellant's motion to strike appellee Solomon's reply and for attorney's fees and costs; and appellee Solomon's supplement to her motion for sanctions, it is

ORDERED that the motion for reconsideration be denied. It is

FURTHER ORDERED that the motion to strike the second motion for sanctions be denied. It is

FURTHER ORDERED that the motions for sanctions be denied. It is

FURTHER ORDERED that the motion to strike appellee Solomon's reply be granted. See Fed. R. App. P. 27(a)(4). It is

FURTHER ORDERED that the motion for summary affirmance be denied. The merits of the parties' positions are not so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). It is

FURTHER ORDERED that appellant's requests for costs, expenses, and attorneys' fees incurred in filing his motion to strike be referred to the merits panel to which this appeal is assigned.

Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.

Per Curiam