Trentadue v. FBI, et al

Filing 8

[9615048] Order filed by Clerk of the Court (lss) granting Appellant's motion to expedite case. Appellant's brief and appendix due on 12/15/2008 for Federal Bureau Of Investigation and Federal Bureau Of Investigation's Oklahoma City Field Office; Appellee's brief due 01/14/2009 for Jesse C. Trentadue; Appellant's reply brief due 01/29/2009 by Federal Bureau Of Investigation and Federal Bureau Of Investigation's Oklahoma City Field Office. The parties, either jointly or separately, must file a either (1) a request for oral argument which addresses the issues presented in F.R.A.P. 34 and 10th Circuit Rule 34, or (2) a motion to waive oral argument and submit the appeal on the briefs on or before 12/08/2008 for Federal Bureau Of Investigation, Federal Bureau Of Investigation's Oklahoma City Field Office and Jesse C. Trentadue. Served on 11/26/2008.

FILED
United States Court of Appeals
Tenth Circuit

November 26, 2008

UNITED STATES CO URT O F APPEALS
Elisabeth A. Shumaker
FO R TH E TENTH CIRCUIT
Clerk of Court

JESSE C. TRENTADUE,
Plaintiff - A ppellee,
v.
No. 08-4207
FED ERAL B UR EA U O F
IN V ESTIG A TIO N ; FED ER AL
BUREAU OF INVESTIGATION'S
OKLAHOM A CITY FIELD OFFICE,
Defendants - Appellants.

OR DER

This matter is before the court on the Unopposed M otion to Expedite
Appeal (the “M otion”). The parties seek to set a briefing schedule for this appeal.
The district court has now issued its notice that the record is complete for
appellate purposes. As requested, the M otion is granted.
The opening brief shall be filed and served on or before December 15,
2008. The response brief shall be filed and served on or before January 14, 2008.
The optional reply brief may be filed and served on or before January 29, 2008.
In light of the factual background presented in the M otion, we direct the
parties to inform the court before the briefs are filed about whether they intend to
seek oral argument. Argument calendars are set far in advance, and the parties

may be better able to secure an earlier argument calendar date by deciding now
whether they will request oral argument. Therefore, on or before December 7,
2008, the parties must file, jointly or separately, either (1) a request for oral
argument that addresses the issues presented in Federal Rule of Appellate
Procedure 34 and Tenth Circuit Rule 34, or (2) a motion to waive oral argument
and submit the case on the briefs. The parties should, of course, keep in mind
that a judicial panel decides whether to grant argument, and even when requested,
it may not be granted, and vice versa.
Finally, only the briefing schedule is affected by this order. If the parties
would like to request that the case to receive expedited consideration from the
judicial panel assigned to hear this case on the merits, they should file a separate
motion requesting this relief.

Entered for the Court,
ELISABETH A. SHUM AKER, Clerk

by:

2

Lara Smith
Counsel to the C lerk