HomeMy WebLinkAbout2016CV1308 - FTN - FORT COLLINS V. CITY OF FORT COLLINS - 056 - 10TH CIRCUIT DOCKET AND CASE NUMBERElisabeth A. Shumaker
Clerk of Court
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
OFFICE OF THE CLERK
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257
(303) 844-3157
March 21, 2017
Chris Wolpert
Chief Deputy Clerk
Ms. Gillian Dale
Ms. Christina S. Gunn
Mr. Andrew David Ringel
Hall & Evans
1001 Seventeenth Street, Suite 300
Denver, CO 80202
Mr. John R. Duval
Miss Carrie Mineart Daggett
Fort Collins City Attorney's Office
P.O. Box 580300 Laporte Avenue
Fort Collins, CO 80522
RE: 17-1103, Free the Nipple, et al v. City of Fort Collins
Dist/Ag docket: 1:16-CV-01308-RBJ
Dear Counsel:
The court has received and docketed your appeal. Please note your case number above.
Copies of the Tenth Circuit Rules, effective January 1, 2017, and the Federal Rules of
Appellate Procedure, effective December 1, 2016, may be obtained by contacting this
office or by visiting our website at http://www.ca10.uscourts.gov. In addition, please note
all counsel are required to file pleadings via the court's Electronic Case Filing (ECF)
system. You will find information regarding registering for and using ECF on the court's
website. We invite you to contact us with any questions you may have about our
operating procedures. Please note that all court forms are now available on the court's
web site.
Please note effective December 1, 2016 multiple important changes to the Federal Rules
of Appellate Procedure will take effect. The changes include new word length
requirements for briefs and amendment of the "three-day service" rule. Please visit our
website at http://www.ca10.uscourts.gov to familiarize yourself with these changes.
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Attorneys must complete and file an entry of appearance form within 14 days of the date
of this letter. See 10th Cir. R. 46.1(A). An attorney who fails to enter an appearance
within that time frame will be removed from the service list for this case, and there may
be other ramifications under the rules. If an appellee does not wish to participate in the
appeal, a notice of non-participation should be filed via ECF as soon as possible. The
notice should also indicate whether counsel wishes to continue receiving notice or service
of orders issued in the case.
You are required to file a docketing statement within 14 days of filing the notice of
appeal. If you have not yet filed that pleading, you should do so within 14 days of the
date of this letter. Please note that under 10th Cir. R. 3.4(B), the appellant is not limited
to the issues identified in his docketing statement and may raise other appropriate issues
in the opening brief.
In addition to the docketing statement, all transcripts must be ordered within 14 days of
the date of this letter. If no transcript is necessary, you must file a statement to that effect.
Appellant is not required to file a designation of record, but will be required to file an
appendix with appellant's opening brief. See 10th Cir. R. 10.2(B) and 30.1.
Appellant must file an opening brief and appendix within 40 days after the date on which
the district clerk notifies the parties and the circuit clerk that the record is complete for
purposes of appeal. See 10th Cir. R. 31.1(A)(1). Motions for extension of time to file
briefs and appendices must comply with 10th Cir. R. 27.1 and 27.5. These motions are
not favored.
Briefs must satisfy all requirements of the Federal Rules of Appellate Procedure and
Tenth Circuit Rules with respect to form and content. See specifically Fed. R. App. P. 28
and 32 and 10th Cir. R. 28.1, 28.2 and 32, as well as 31.3 when applicable. In addition,
we encourage all counsel, as applicable, to be familiar with 10th Cir. R. 46.4(B). Seven
hard copies of briefs must be provided to the court within two days of filing via the
court's Electronic Case Filing system. See 10th Cir. R. 31.5 and the court's CM/ECF
User's Manual. Appendices must satisfy the requirements of Fed. R. App. P. Rule 30 and
10th Cir. R. 30.1(A) through (F). Appendix volumes submitted under seal must be
accompanied by a separate motion to seal. See 10th Cir. R. 30.1(D)(6). As of January 1,
2015, all appendices must be filed electronically, and a single hard copy provided to the
court within two days of filing via the court's Electronic Case Filing system. See 10th Cir.
R. 30 as well as the court's CM/ECF User's Manual. Counsel are encouraged to utilize the
court's Briefing & Appendix checklist when compiling their briefs and appendices.
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Please contact this office if you have questions.
Sincerely,
Elisabeth A. Shumaker
Clerk of the Court
cc:
David A. Lane
Andrew McNulty
Jessica Katherine Peck
EAS/lg
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