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Clerk Letter: Expedited Briefing Schedule — Feds for Medical Freedom v. Biden, No. 22-40043 (Fifth Circuit)

Summary

Letter dated February 9, 2022 from the Fifth Circuit clerk's office in No. 22-40043, Feds for Medical Freedom v. Biden (USDC No. 3:21-CV-356), setting an expedited briefing schedule in light of the court's order of that day. Appellants' brief is due 03/02/2022, appellees' brief 03/16/2022 and appellants' reply brief 03/23/2022, and the letter says the schedule is subject to change. It is addressed to counsel at the Department of Justice, the U.S. Attorney's Office for the Eastern District of Texas and Boyden Gray & Associates, and adds the court's standard reminders on record excerpts, brief covers, appearance forms, citations to the electronic record and sealing. The caption lists Feds for Medical Freedom and others as plaintiffs-appellees and President Joseph R. Biden, Jr. and federal officials and agencies as defendants-appellants.

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Date
2022-02-09

Cite this document

“Clerk Letter: Expedited Briefing Schedule — Feds for Medical Freedom v. Biden, No. 22-40043 (Fifth Circuit).” Dated 2022-02-09. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/22-40043-recap-gov-uscourts-ca5-206309-46-0-f7b9922bef/, SHA-256 388d3c546bfd587042757f8b77ba0f6fd3e912c5adc04f6ffb15d4a865676f5f.

Full text

        Case: 22-40043    Document: 46    Page: 1    Date Filed: 02/09/2022




                    United States Court of Appeals
                                  FIFTH CIRCUIT
                               OFFICE OF THE CLERK
LYLE W. CAYCE                                                      TEL. 504-310-7700
CLERK                                                           600 S. MAESTRI PLACE,
                                                                        Suite 115
                                                               NEW ORLEANS, LA 70130

                             February 09, 2022


Ms. Sarah Wendy Carroll
U.S. Department of Justice
Civil Division, Appellate Section
950 Pennsylvania Avenue, N.W.
Room 7511
Washington, DC 20530

Mr. James Garland Gillingham
U.S. Attorney’s Office
Eastern District of Texas
110 N. College Street
Suite 700
Tyler, TX 75702

Mr. R. Trent McCotter
Boyden Gray & Associates
801 17th Street, N.W.
Suite 350
Washington, DC 20006

Mr. Casen Ross
U.S. Department of Justice
Civil Division, Appellate Section
950 Pennsylvania Avenue, N.W.
Roon 7270
Washington, DC 20530

      No. 22-40043       Feds for Medical Freedom v. Biden
                         USDC No. 3:21-CV-356


Dear Ms. Carroll, Mr. Gillingham, Mr. McCotter, Mr. Ross,
In light of the court order of 2/9/2022, please adhere to the
following expedited briefing schedule.
  •   Appellants brief is due on 03/02/2022
  •   Appellees brief is due on 03/16/2022
  •   Appellants reply brief is due on 03/23/2022

      Case: 22-40043   Document: 46   Page: 2   Date Filed: 02/09/2022



Record Excerpts: 5th Cir. R. 30.1.7(c) provides that the electronic
PDF version of the record excerpts should contain pages
representing the "tabs" identified in the index of the document.
However, we remind attorneys that the actual paper copies of record
excerpts filed with the court must contain actual physical tabs
that extend beyond the edge of the document, to facilitate easy
identification and review of tabbed documents.
Brief Covers: THE CASE CAPTION(S) ON BRIEF COVERS MUST BE EXACTLY
THE SAME AS THE CASE CAPTION(S) ON THE ENCLOSED TITLE CAPTION
SHEET(S). YOU WILL HAVE TO CORRECT ANY MODIFICATIONS YOU MAKE TO
THE CAPTION(S) BEFORE WE SUBMIT YOUR BRIEF TO THE COURT.
Dismissal of Appeals: The clerk may dismiss appeals without notice
if you do not file a brief on time, or otherwise fail to comply
with the rules.
Appearance Form: If you have not electronically filed a "Form for
Appearance of Counsel," you must do so within 14 days of this date.
You must name each party you represent, See Fed. R. App. P. and 5th
Cir. R. 12. The form is available from the Fifth Circuit’s website,
www.ca5.uscourts.gov.
ATTENTION ATTORNEYS: Direct access to the electronic record on
appeal (EROA) for pending appeals will be enabled by the U S
District Court on a per case basis. Counsel can expect to receive
notice once access to the EROA is available.      Counsel must be
approved for electronic filing and must be listed in the case as
attorney of record before access will be authorized. Instructions
for accessing and downloading the EROA can be found on our website
at                      http://www.ca5.uscourts.gov/docs/default-
source/forms/instructions-for-electronic-record-download-
feature-of-cm. Additionally, a link to the instructions will be
included in the notice you receive from the district court.
Sealed documents, except for the presentence investigation report
in criminal appeals, will not be included in the EROA. Access to
sealed documents will continue to be provided by the district court
only upon the filing and granting of a motion to view same in this
court.
Guidance Regarding Citations in Pleadings.
5th Cir. R. 28.2.2 grants the Clerk the authority to create a
standard format for citation to the electronic record on appeal.
You must use the proper citation format when citing to the
electronic record on appeal.
  A. In single record cases, use the short citation form, "ROA"
     followed by a period, followed by the page number.     For
     example, "ROA.123."
  B. For multiple record cases, cite "ROA" followed by a period,
     followed by the Fifth Circuit appellate case number of the
     record referenced, followed by a period, followed by the
     page of the record. For example, "ROA.13-12345.123.".

      Case: 22-40043   Document: 46   Page: 3   Date Filed: 02/09/2022



  C. Please note each individual citation must end                  using   a
     termination of a period (.) or semicolon (;).
Brief Template: The clerk’s office offers brief templates and the
ability to check the brief for potential deficiencies prior to
docketing to assist in the preparation of the brief. To access
these options, log in to CM/ECF and from the Utilities menu, select
‘Brief Template’ (Counsel Only) or ‘PDF Check Document’.
Reminder as to Sealing Documents on Appeal: Our court has a strong
presumption of public access to our court’s records, and the court
scrutinizes any request by a party to seal pleadings, record
excerpts, or other documents on our court docket. Counsel moving
to seal matters must explain in particularity the necessity for
sealing in our court. Counsel do not satisfy this burden by simply
stating that the originating court sealed the matter, as the
circumstances that justified sealing in the originating court may
have changed or may not apply in an appellate proceeding. It is
the obligation of counsel to justify a request to file under seal,
just as it is their obligation to notify the court whenever sealing
is no longer necessary.     An unopposed motion to seal does not
obviate a counsel’s obligation to justify the motion to seal.
P.S. This expedited briefing schedule is subject to change.


                                Sincerely,
                                LYLE W. CAYCE, Clerk


                                By: _________________________
                                Laney L. Lampard, Deputy Clerk
                                504-310-7652
Enclosure(s)
cc w/encl:
     Mr. Gene Patrick Hamilton
     Mr. Jordan E. Pratt

      Case: 22-40043    Document: 46   Page: 4   Date Filed: 02/09/2022



                            Case No. 22-40043




Feds for Medical Freedom; Local 918, American Federation of
Government Employees; Highland Engineering, Incorporated;
Raymond A. Beebe, Jr.; John Armbrust; et al,
                       Plaintiffs - Appellees
v.
Joseph R. Biden, Jr., in his official capacity as President of
the United States; The United States of America; Pete Buttigieg,
in his official capacity as Secretary of Transportation;
Department of Transportation; Janet Yellen, in her official
capacity as Secretary of Treasury; et al,
                       Defendants - Appellants

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