p Case 3:03-cv-00949-JCH Document 41 Filed 05/26/2005 Page 1 of yy
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UNITED STATES COURT OF APPEALS l
FOR THE SECOND CIRCUIT .
Roseanu IS. Macliechnie General information
Clerk (21.2) 857e876t} [
comrr os ariarsars nocirnr # ,QQ;_;Q6UQ5gg{__ g
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Dear Deputy Appeals Clerk, I -
lust a reminder that we are involved in the project which permits the District Court to I
retain certain records even after an appeal has been taken to the Court of Appeals. This project is
limited to records in counseled civil, US civil, and Bankruptcy cases. (Please note that records in 1
all gg; cases, and all counseled prisoner appeals with 2000 series docket numbers ag=;;egy_ire;gl
to be filed with this Court.)
Please have an index to this record prepared in accordance with your regular procedure.
Send to the Court of Appeals three (3) copies ofthe Certihed Index as you have been in the past.
Please, DO NOT SEND THE RECORD IT SELF UNTIL ITIS SPECIFICALLY REQUESTED
BY THIS OFFICE.
We also remind j/011 that while the record is not needed iight now, it may be necessary to I
call for it sometime inthe future. You have agreed that when contacted you will forward the
record to the Court of Appeals within 24 hours by the fastest method available. "
This project will save us all enormous time and energy by not having to ship many
unused records back and forth. We appreciate your efforts in making this project a success i
Yours tmly,
Roscarm B. l`vlacK.ccl1nie
Clerk
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[ ° A — Case 3:03-cv-00949-JCH Document 41 Filed 05/26/2005 Page 2 of 3
¤ UNITED STATES COURT OF APPEALS
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y Roseann B. Macliechnie Stanley A. Bass l
( Clerk [005 .El»tAf'f§6>u1§l I
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TELEPHONIC PRE-ARGUMENT CONFERENCE NOTICE AND ORDER
J For the convenience of out-of-town counsel, a telephonic PREARGUMENT l
CONFERENCE has been scheduled for Wednesday June 1, 2005 at 3:30 P.M. EDT. l
The conference should be initiated by appellant’s counsel, who should first have all appellees’
counsel on the line, and then call Staff Counsel at this conference line number: (212) 857-8761.
1
To effectuate the purposes of the Conference, the attorneys in charge of the appeal or
proceeding are required to attend and must:
(1) have full authority to settle or otherwise dispose of the appeal or proceeding;
(2) be fully prepared to discuss and evaluate seriously the legal merit of each issue on
appeal or review;
(3) be prepared to narrow, eliminate, or clarify issues on appeal when appropriate.
Any other matters which the Staff Counsel determines may aid in the handling or the
disposition ofthe proceedings may be discussed. Counsel may raise any other pertinent matter
they wish at the Conference.
* To insure that all parties have received notice of the scheduled pre-argument
conference, counsel should confirm with each other the time and place of the
conference at least 48 hours prior tothe conference.
** Counsel are requested to call (212) 857-8760, upon receipt of this notice, in
order to confirm. l
Date: BY: my it p...•2x{,tLA · rl}
‘ Stanley a ass U
Staff Co . sel
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APPEAL SCHEDULING ORDER #1 I
A pre-argument conference has been scheduled. Accordingly, the following scheduling
order is hereby entered.
IT IS HEREBY ORDERED that the index to the record on appeal, a certified copy ofthe
docket entries, and the clerk’s certificate shall be filed on or before June 15, 2005 . The
documents constituting the record on appeal shall not be transmitted until requested by this Court,
but will be required within 24 hours of such request.
IT IS FURTHER ORDERED that the appellant’s brief and the joint appendix shall be filed
on or before June 22, 2005 .
IT IS FURTHER ORDERED that the brief of the appellee shall be filed on or before
July 22, 2005.
IT IS FURTHER ORDERED that the ten (IO) copies of each brief shall be filed with the
Clerk.
IT IS FURTHER ORDERED that the argument ofthe appeal shall be heard no earlier than
the week of August 29, 2005 . All counsel should immediately advise the Clerk by letter of the
dates thereafter that they are unavailable for oral argument. The time and place of oral argument
shall be separately noticed by the Clerk to counsel.
IT IS FURTHER ORDERED that in the event of default by the appellant in filing the record
on appeal or the appellant’s brief and joint appendix, at the times directed, or upon default ofthe
appellant regarding any other provision of this order, the appeal may be dismissed forthwith without
further notice.
IT IS FURTHER ORDERED that if the appellee fails to file a brief within the time directed
by this order, such appellee shall be subject to such sanctions as the court may deem appropriate.
Roseann B. Macliechnie, Clerk
by U {
Date: · `
I Stan ey A. Ba
Staff Counsel }
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