Ligeri v. YouTube, et al

Filing 4

BRIEFING schedule set. Brief due 03/10/2009 for Appellant Benjamin Ligeri. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [09-1071] (MH)

United States Court of Appeals
For the First Circuit
No. 09-1071
BENJAMIN LIGERI
Plaintiff - Appellant
v.
YOUTUBE, LLC; GOOGLE, INC.
Defendants - Appellees

APPELLANT’S BRIEFING NOTICE
Issued: January 29, 2009

The record on appeal now being complete with the filing of the transcripts, or Transcript
Report Form, appellant’s brief must be filed by March 10, 2009. Unless appellant is proceeding
in forma pauperis, an appendix must also be filed by March 10, 2009.
The deadline for filing appellee’s brief will be set in accordance with Fed. R. App. P. 31
and 1st Cir. R. 31.0. Parties are advised that extensions of time are not normally allowed without
timely motion for good cause shown.
The parties are advised to review the First Circuit Rulebook, with particular attention to
the following Federal and Local Rules of Appellate Procedure:
1st Cir. R. 11.0, 28.0 and 28.1

Briefs are public documents and will not be sealed
absent timely motion. Sealed or non-public documents,
such as a presentence investigation report or statement
of reasons in a criminal case, must be filed in a separate
volume of the addendum or appendix clearly marked
“FILED UNDER SEAL.”

1st Cir. R. 28.0

An addendum must be attached to the appellant’s brief.
The addendum must contain the judgments, rulings or
orders appealed from and any supporting opinions,
memoranda or statements of reasons. It must also
contain the following: portions of any instructions to the
jury which are the subject of appeal; pertinent portions

of any document in the record that is the subject of an
issue on appeal; and items or short excerpts from the
record, if necessary for understanding the specific issues
on appeal. In cases where the district court adopts a
magistrate judge’s report and recommendation, the
report and recommendation must be included in the
addendum, in addition to the order adopting it. In cases
where the district court reviewed an agency decision, the
agency decision must be included in the addendum, in
addition to the district court order or opinion.
Fed. R. App. P. 28(a)(11)

If a principal brief exceeds 30 pages, or a reply brief
exceeds 15 pages, the brief must include a certificate of
compliance certifying that the brief complies with the
typeface and length limitations of Fed. R. App. P.
32(a)(7).

Fed. R. App. P. 30
1st Cir. R. 30.0

The appendix must begin with a table of contents
identifying the page at which each part begins. The
relevant docket entries must follow the table of contents.
Other parts of the record must follow chronologically.
When pages from a transcript are placed in the
appendix, the transcript page numbers must be shown in
brackets immediately before the included pages. If the
parties are unable to agree as to the contents of the
appendix, they must follow the procedure outlined in
Fed. R. App. P. 30(b) and 1st Cir. R. 30.0(b).

Fed. R. App. P. 30(a) and 31(b)
1st Cir. R. 30.0(a) and 31.0(b)

Represented parties must file nine paper copies of their
brief, a disk containing the entire brief exclusive of noncomputer generated appendices, and five copies of the
appendix. Two copies of the brief and appendix must be
served on each unrepresented party and on opposing
counsel for each separately represented party. Caveat:
Represented parties proceeding in forma pauperis
and/or with CJA counsel must file and serve the same
number of briefs, but an appendix is not required.
Pro se parties must file ten paper copies of the brief and
five copies of the appendix. One copy of the brief and
appendix must be served on each unrepresented party
and on opposing counsel for each separately represented
party. Caveat: Pro se parties proceeding in forma
pauperis need only file four paper copies of the brief.
An appendix is not required.

1st Cir. R. 32.0

A represented party must submit one copy of its brief on
a 3½" disk, or Windows-based CD or DVD, in
WordPerfect for Windows, 5.1 or greater.

Fed. R. App. P. 32(a)(2)

Except for filings by pro se parties, the cover of the
appellant’s brief must be blue, the cover of the
appellee’s brief must be red and the cover of any reply
brief must be gray. The cover of the appendix must be
white.

Fed. R. App. P. 32(a)(5)

Briefs must be produced using either a 14 point
proportionally spaced typeface, such as Times New
Roman, or a 12 point monospaced typeface, such as
Courier.

The First Circuit Rulebook, which contains the Federal Rules of Appellate Procedure,
First Circuit Local Rules and First Circuit Internal Operating Procedures, is available on the
court’s website at www.ca1.uscourts.gov. Please note that the court’s website also contains tips
on filing briefs and appendices, including a checklist of what your brief must contain.
Failure to file a brief in compliance with the Federal and Local Rules will result in
entry of an order directing the party to file a conforming brief and could lead to dismissal
of the appeal. See 1st Cir. R. 3.0 and 45.0.
Richard Cushing Donovan , Clerk

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
John Joseph Moakley
United States Courthouse
1 Courthouse Way, Suite 2500
Boston, MA 02210
[phone]

cc:
Michael A. Berta
Jill Brenner Meixel
James B. Conroy
Peter E. Gelhaar
Benjamin Ligeri