HomeMy WebLinkAbout2017CA1103 - APPEAL - FTN - FORT COLLINS V. CITY OF FORT COLLINS, ET AL - 011 - NOTICE OF DEFICIENCY IN BRIEFElisabeth 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
July 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
Loveland City Attorney's Office
500 East Third Street, Sutie 330
Loveland, CO 80537
Miss Carrie Mineart Daggett
Fort Collins City Attorney's Office
P.O. Box 580
Fort Collins, CO 80522-0580
RE: 17-1103, Free the Nipple, et al v. City of Fort Collins
Dist/Ag docket: 1:16-CV-01308-RBJ
Dear Counsel:
Appellant's brief is deficient because:
There are no copies of pertinent written findings, conclusions, opinions or orders, nor
transcript of oral findings, conclusions, opinions or orders. See 10th Cir. R. 28.2(A). The
order(s) appealed must be submitted as an attachment to the brief.
You may correct the stated deficiency by one of the following methods:
1. Filing a corrected brief with the clerk (filing constitutes submitting a corrected
brief via the court's Electronic Case Filing system [ECF] and providing the clerk
with seven hardcopies of the corrected brief).
Appellate Case: 17-1103 Document: 01019844036 Date Filed: 07/21/2017 Page: 1
2
2. Filing a corrected brief via ECF and making arrangements with the clerk's office
to have the deficient hardcopies of the brief picked up and returned at the party's
expense so that it can be corrected and returned to the clerk. The court will not pay
postage or other costs.
3. Filing the omitted attachment with the clerk via ECF (use the event code "errata
sheet filed") and providing seven hardcopies of the omitted attachment(s) with the
clerk. The clerk will affix the omitted attachment(s) to the end of the brief. You do
not need to refile the brief.
.
The appendix received in the subject case does not comply with the form requirements of
10th Cir. R. 30.1(D). Specifically:
• The bookmarks contained in the electronically filed appendix do not adequately
identify the pleadings. See 10th Cir. R. 25.3 and 10th Cir. R. 30.1(D). Bookmarks
should clearly identify the district court docket number, the pleading name, and
the date of filing in the district court (for example: 10 Response to Motion:
2/10/2013).
You must file a proper electronic appendix within 10 days of the date of this notice. The
hard copy of the appendix is acceptable for filing and will be filed upon submission of the
corrected electronic appendix.
Corrections, however made, must be accompanied by proof of service on all other parties
to the appeal.
The time to file a response brief will run from the date of service of appellant's corrected
brief and appendix.
If you fail to correct the stated deficiencies within 10 days of the date of this letter, the
deficient brief and appendix will not be filed. In addition, the appeal may be dismissed
without further notice.
Please contact this office if you have questions.
Sincerely,
Elisabeth A. Shumaker
Clerk of the Court
Appellate Case: 17-1103 Document: 01019844036 Date Filed: 07/21/2017 Page: 2
3
cc:
David A. Lane
Andrew McNulty
Jessica Katherine Peck
EAS/lg
Appellate Case: 17-1103 Document: 01019844036 Date Filed: 07/21/2017 Page: 3