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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. Appellate Case: 17-1103 Document: 01019782557 Date Filed: 03/21/2017 Page: 1 Case 1:16-cv-01308-RBJ Document 56 Filed 03/21/17 USDC Colorado Page 1 of 3 2 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. Appellate Case: 17-1103 Document: 01019782557 Date Filed: 03/21/2017 Page: 2 Case 1:16-cv-01308-RBJ Document 56 Filed 03/21/17 USDC Colorado Page 2 of 3 3 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 Appellate Case: 17-1103 Document: 01019782557 Date Filed: 03/21/2017 Page: 3 Case 1:16-cv-01308-RBJ Document 56 Filed 03/21/17 USDC Colorado Page 3 of 3