Clerk's Letter — Expedited Briefing Schedule, Feds for Medical Freedom v. Biden, No. 22-40043 (5th Cir.)

Summary

A letter dated February 10, 2022, from the Clerk of the United States Court of Appeals for the Fifth Circuit, Lyle W. Cayce, by Deputy Clerk Angelique B. Tardie, to counsel in No. 22-40043, Feds for Medical Freedom v. Biden (USDC No. 3:21-CV-356). The letter states that the previous briefing schedule is rescinded and sets an expedited schedule, with the appellees' brief due February 16, 2022, and the appellants' reply brief due February 18, 2022. It also covers record excerpts, brief covers, the Form for Appearance of Counsel, citation format for the electronic record on appeal, and a reminder about sealing documents on appeal. A caption page for the case follows.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

        Case: 22-40043    Document: 50    Page: 1    Date Filed: 02/10/2022




                    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 10, 2022


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 Counsel,
Please be advised the previous briefing schedule is rescinded and
the following expedited briefing schedule should be adhered to
without requesting extensions in order to ensure the availability
of the briefs to the court prior to oral argument:
      Appellants’ brief due February 14, 20222
      Appellees’ brief due February 16, 2022
      Appellants’ reply brief due February 18, 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.

      Case: 22-40043   Document: 50   Page: 2   Date Filed: 02/10/2022



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.".
  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

      Case: 22-40043   Document: 50   Page: 3   Date Filed: 02/10/2022



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.


                                Sincerely,
                                LYLE W. CAYCE, Clerk




                                By: _________________________
                                Angelique B. Tardie, Deputy Clerk
                                504-310-7715
Enclosure(s)
cc w/encl:
     Ms. Sarah Wendy Carroll
     Mr. James Garland Gillingham
     Mr. Gene Patrick Hamilton
     Mr. Jordan E. Pratt

      Case: 22-40043    Document: 50   Page: 4   Date Filed: 02/10/2022



                            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

File and source

File

22-40043_RECAP_gov.uscourts.ca5.206309.50.0.pdf

Size

112,518 bytes

SHA-256

382a5c1362b34d43d7c0519ab27919dc0669af06bdc814a6ed9ac3b26a8c9306

Our copy

22-40043_RECAP_gov.uscourts.ca5.206309.50.0.pdf

Original

No public link identified.