Sony BMG Music Entertainment, et al v. Tenenbaum

Filing 14

TRANSCRIPT report/order form filed by Appellant/Cross-Appellee US in 10-2052 indicating transcripts are not necessary for this appeal. Certificate of service dated 09/28/2010. [10-2052, 10-1883, 10-1947]--[Edited 09/28/2010 by AS] CLERK'S NOTE: Document should not have been filed in additional case. Correction made by clerk's office. No further action required. (JAC)

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UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Case name Sony BMG Music et al. v. Tenenbaum District Court Case No. 07cv11446-NG District of Massachusetts Date Notice of Appeal filed Sept. 3, 2010 Court of Appeals Case No. 10-2052 Form filed on behalf of United States, plaintiff-intervenor TRANSCRIPT REPORT Transcript Not Necessary for this Appeal Transcript Already Filed in District Court. List each transcript by docket entry number and date and type of proceeding (attach s e p a r a t e page if necessary) TRANSCRIPT ORDER Name of Court Reporter Phone Number of Reporter A. This constitutes an order of the transcript of the following proceedings [check appropriate box(es) and in d ic a t e dates of hearing(s)]: P R O C E E D IN G (S ) J u r y Voir Dire Opening Statement (plaintiff) Opening Statement (defendant) Trial Closing Argument (plaintiff) Closing Argument (defendant) Findings of Fact/Conclusions of Law Jury Instructions Change of Plea Sentencing Bail hearing Pretrial proceedings (specify) Testimony (specify ) Other (specify) NOTE: A n y form that fails to specify in adequate detail those proceedings to be transcribed will be considered deficient. B. I certify that I have contacted the court reporter and the following financial arrangements for payment of the t r a n s c r ip t have been made: P r i v a t e funds. G o v e r n m e n t expense (civil case). IFP status has been granted and a motion for transcript at government expense has b e e n allowed. (Attach a copy of the order to each copy of this order form.) C r im i n a l Justice Act. A CJA Form 24 has been approved by the district court judge. C r i m i n a l Justice Act. A CJA Form 24 is attached for authorization by the court of appeals. F e d e r a l Public Defender/Government Counsel - no CJA Form 24 necessary. F i le r 's name Firm/Address HEARING DATE(S) Jeffrey Clair Rm 7243, DoJ, 950 Penn Ave., NW WDC Filer's Signature /s/ Jeffrey Clair Filer's Email address jeffrey.clair@usdoj.gov Date mailed to court reporter Telephone number 202-514-4028 Sept. 10, 2010 (Court Reporter Use ONLY) Date received Form CA1-10 (6/09/09) SEE INSTRUCTIONS ON REVERSE Print Save As... Reset UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT T R A N S C R IP T REPORT/ORDER FORM This form must be completed by any party that files a notice of appeal to the First Circuit and by any party that wishes to order a transcript for an appeal. A Transcript Report/Order Form that fails to comply with these instructions will be deemed non-compliant. In addition, the appeal will be subject to dismissal pursuant to 1st Cir. R. 3.0(b) and 10.0(a) if appellant fails to timely file a Transcript Report/Order Form. TRANSCRIPT REPORT INSTRUCTIONS If a transcript is not necessary for the appeal, or the transcript is already completed and filed with the district court, only the Transcript Report section needs to be completed. Appellant must file the completed Transcript Report Form with the Court of Appeals Clerk's Office, accompanied by proof of service on opposing parties, within 14 days after the case is docketed in the Court of Appeals. TRANSCRIPT ORDER INSTRUCTIONS If a transcript is being ordered, the Transcript Order section of the form must be completed. The completed Transcript Order Form must be filed with the court reporter in the district court within 14 days after filing the notice of appeal. Fed. R. App. P. 10(b). Do not submit this form until financial arrangements have been made with the court reporter. Appellant must file the completed Transcript Order Form with the Court of Appeals Clerk's Office and one copy with the district court clerk's office, accompanied by proof of service on opposing parties, within 14 days after the case is docketed in the Court of Appeals. CRIMINAL JUSTICE ACT INSTRUCTIONS Any party ordering transcripts at government expense under the Criminal Justice Act must also complete a CJA Form 24, Authorization and Voucher for Payment of Transcripts. The voucher must be authorized by either the district court judge or the circuit court judge prior to the order being placed with the court reporter. Both the Transcript Order Form and CJA Form 24 must indicate with specificity those proceedings to be transcribed. The transcript order will be considered timely for purposes of Fed. R. App. P. 10(b) and 1st Cir. R. 3.0(b) and 10.0(a) if a completed Transcript Order Form and a CJA Form 24 in need of authorization are received by the Court of Appeals Clerk's Office within 14 days of the docketing of the appeal. The Clerk's Office will forward the Transcript Order Form and authorized CJA Form 24 to the court reporter. NOTE: A separate Transcript Order Form (and if necessary, a CJA Form 24) must be completed for each court reporter from whom a transcript is requested. COURT REPORTER'S DUTIES The court reporter should indicate on the Transcript Order Form the date of receipt of the form. Once the Transcript Order Form is filed in the Court of Appeals, the Clerk's Office will send a Transcript Order Acknowledgment to the court reporter noting the deadline for production of the transcript. If the court reporter promptly returns the Acknowledgment indicating that the transcript order is incomplete for any reason, the deadline may be suspended until the party ordering the transcript cures the deficiency. If the court reporter cannot complete the transcript by the deadline, he or she must file a motion for extension in the Court of Appeals. Fed. R. App. P. 11(b). An extension of time does not waive the mandatory fee reductions, which shall take effect after 60 days if the transcript order is not completed and a waiver has not been granted. Once the transcript is complete, the court reporter must file a copy with the district court and provide the ordering party with a copy.

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