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Motions filed along with the notice of appeal in the district court are not

Date
2021-07-21

Summary

A Ninth Circuit clerk's letter and Time Schedule Order filed July 21, 2021 as Document 110 in Case 3:20-cv-05787-SI, Children's Health Defense v. Facebook, Inc., et al., appeal No. 21-16210. The letter from the Office of the Clerk of the U.S. Court of Appeals for the Ninth Circuit confirms receipt of the notice of appeal, assigns the appellate docket number, and states that motions filed with the notice of appeal in the district court are not automatically transferred. The Time Schedule Order sets deadlines: the Mediation Questionnaire by July 28, 2021, transcript ordering by August 19, 2021, the opening brief by October 28, 2021 and the answering brief by November 29, 2021. It warns that failure to comply will result in automatic dismissal under 9th Cir. R. 42-1, and closes with the signature block of a deputy clerk for Clerk of Court Molly C. Dwyer.

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Cite this document

“Motions filed along with the notice of appeal in the district court are not.” Original at archive.org, dated 2021-07-21. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-07-21-children-s-health-defense-v-facebook-inc-et-al/, SHA-256 991a716b13b8961daed5cd17d2ecd94ea14b880ad8ba67b65eda276777e17a81.

Full text

                 Case 3:20-cv-05787-SI Document 110 Filed 07/21/21 Page 1 of 3

                                       Office of the Clerk
                      United States Court of Appeals for the Ninth Circuit
                                     Post Office Box 193939
                              San Francisco, California 94119-3939
                                          415-355-8000
Molly C. Dwyer
Clerk of Court                            July 21, 2021


       No.:                  21-16210
       D.C. No.:             3:20-cv-05787-SI
       Short Title:          Children's Health Defense v. Facebook, Inc., et al


       Dear Appellant/Counsel

       A copy of your notice of appeal/petition has been received in the Clerk's office of
       the United States Court of Appeals for the Ninth Circuit. The U.S. Court of
       Appeals docket number shown above has been assigned to this case. You must
       indicate this Court of Appeals docket number whenever you communicate with
       this court regarding this case.

       Motions filed along with the notice of appeal in the district court are not
       automatically transferred to this court for filing. Any motions seeking relief from
       this court must be separately filed in this court's docket.

       Please furnish this docket number immediately to the court reporter if you place an
       order, or have placed an order, for portions of the trial transcripts. The court
       reporter will need this docket number when communicating with this court.

       The due dates for filing the parties' briefs and otherwise perfecting the appeal
       have been set by the enclosed "Time Schedule Order," pursuant to applicable
       FRAP rules. These dates can be extended only by court order. Failure of the
       appellant to comply with the time schedule order will result in automatic
       dismissal of the appeal. 9th Cir. R. 42-1.
         Case 3:20-cv-05787-SI Document 110 Filed 07/21/21 Page 2 of 3




                   UNITED STATES COURT OF APPEALS
                                                                      FILED
                           FOR THE NINTH CIRCUIT
                                                                      JUL 21 2021
                                                                     MOLLY C. DWYER, CLERK
                                                                      U.S. COURT OF APPEALS




 CHILDREN'S HEALTH DEFENSE, a                   No. 21-16210
 Georgia non-profit organization,
                                                D.C. No. 3:20-cv-05787-SI
               Plaintiff - Appellant,
                                                U.S. District Court for Northern
   v.                                           California, San Francisco

 FACEBOOK, INC., a Delaware                     TIME SCHEDULE ORDER
 corporation; MARK ZUCKERBERG, a
 California resident; THE POYNTER
 INSTITUTE FOR MEDIA STUDIES,
 INC., a Florida corporation; SCIENCE
 FEEDBACK, a French corporation,

               Defendants - Appellees.



The parties shall meet the following time schedule.

If there were reported hearings, the parties shall designate and, if necessary, cross-
designate the transcripts pursuant to 9th Cir. R. 10-3.1. If there were no reported
hearings, the transcript deadlines do not apply.

Wed., July 28, 2021            Appellant's Mediation Questionnaire due. If your
                               registration for Appellate CM/ECF is confirmed after
                               this date, the Mediation Questionnaire is due within
                               one day of receiving the email from PACER
                               confirming your registration.
Thu., August 19, 2021          Transcript shall be ordered.
Mon., September 20, 2021 Transcript shall be filed by court reporter.
        Case 3:20-cv-05787-SI Document 110 Filed 07/21/21 Page 3 of 3

Thu., October 28, 2021      Appellant's opening brief and excerpts of record
                            shall be served and filed pursuant to FRAP 31 and
                            9th Cir. R. 31-2.1.
Mon., November 29, 2021 Appellees' answering brief and excerpts of record
                        shall be served and filed pursuant to FRAP 31 and
                        9th Cir. R. 31-2.1.

The optional appellant's reply brief shall be filed and served within 21 days of
service of the appellees' brief, pursuant to FRAP 31 and 9th Cir. R. 31-2.1.

Failure of the appellant to comply with the Time Schedule Order will result in
automatic dismissal of the appeal. See 9th Cir. R. 42-1.

                                            FOR THE COURT:

                                            MOLLY C. DWYER
                                            CLERK OF COURT

                                            By: John Brendan Sigel
                                            Deputy Clerk
                                            Ninth Circuit Rule 27-7


File and source

File
gov.uscourts.cand.364478.110.0.pdf
Size
153,317 bytes
SHA-256
991a716b13b8961daed5cd17d2ecd94ea14b880ad8ba67b65eda276777e17a81
Our copy
gov.uscourts.cand.364478.110.0.pdf
Original
archive.org
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