Trentadue v. FBI, et al

Filing 16

[9630432] Appellant's motion to file supplemental appendix. Served on 01/29/2009. Manner of Service: US mail.

IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT

JESSE C. TRENTADUE,

Plaintiff-Appellee,

v.

)
)
)
)
)
No. 08-4207

FEDERAL BUREAU OF
.INVESTIGATION; .FEDERAL
BUREAU OF INVESTIGATION,
OKLAHOMA CITY FIELD OFFICE,
Defendants-Appellants.
MOTION TO SUPPLEMENT THE RECORD
The federal defendants-appellants move to supplement the
joint appendix with two discs containing videos (originally
submitted as exhibits to docket entries 26 and 82 of the district
court docket) and a set of exhibits to the declaration of Terry
Nichols (originally submitted as exhibits to docket entry i01).
Although plaintiff has not availed himself of Circuit Rule
30.2(a) (i), which permits .~[a]n appellee who believes that the
appellant’s appendix omits items that should be included [to]
file a supplemental appendix with the answer brief," plaintiff
has objected in his answer brief that these documents were not
included in the joint appendix. Out of an abundance of caution,
the federal defendants would like to supplement the joint
appendix with these exhibits. Because the Nichols’ exhibits are
under seal at the district court, we are filing this portion of
the supplement under seal.

Respectfully submitted,
MARK B. STERN
4-5089

~

Civil Division, Room 7226
Department of Justice
950 Pennsylvania Ave., N.W.
Washington, D.C. 20530

CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of January, 2009, I
caused copies of the foregoing motion to be filed with the Court
electronically (including attachments in scanned PDF format) and
by Federal Express overnight delivery, and served upon the
following counsel electronically and by Federal Express overnight
delivery:
Jesse C. Trentadue
8 East Broadway, Suite 200
Salt Lake City, UT 84111
[e-mail]

/s
CARLIE CHRISTENSEN
Trial Counsel for the Federal
Defendants

CERTIFICATEOF DIGITAL SUBMISSION
Pursuant to this Court’s General Order 5, filed on October
20, 2004, and amended most recently on January I, 2006, I hereby
certify that:
I.

all required privacy redactions have been made and,
with the exception of those redactions, every document
submitted in Digital Form is an exact copy of the
written document filed with the Clerk, and
the digital submissions have been scanned for viruses
with the most recent version of the following
commercial virus scanning program, Which indicates that
the submissions are free of viruses.

Program:
Version:
Last Updated:

InoculateIT
6.5
January 27, 2009