T STREET DEV. v. DEREJE, 08-7123 (D.C. Cir. 4-1-2009)

Per Curiam.

Upon consideration of the motion to dismiss No. 09-7016, which includes a request for attorneys' fees and costs, and the response thereto; and the motion for leave to file cross-appeal out of time, it is

ORDERED that the motion to dismiss No. 09-7016 be granted and the motion for leave to file cross-appeal out of time be denied. Appellees' cross-appeal is untimely, see Fed.R.App.P. 4(a)(3), and whether the cross-appeal time limit is jurisdictional or only a claim-processing rule, the time limit should be strictly enforced because Appellant properly invokes it. See Eberhart v. United States, 546 U.S. 12 17-19 (2005) (per curiam) (even non-jurisdictional timing rules "assure relief to a party properly raising them"). Furthermore, Appellees fail to offer any reason why the court should excuse non-compliance with the rule. It is

FURTHER ORDERED that Appellant's request for attorneys' fees and costs be denied. Appellant offers no legal support for its request.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate in No. 09-7016 until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.