Doe v. City of Albuquerque

Filing 24

[9787621] Appellant's unopposed motion filed by City of Albuquerque to correct mistaken electronic filings of appellant's opening brief. Served on 08/10/2010. Manner of Service: ECF/NDA.

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Doe v. City of Albuquerque Doc. 24 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT JOHN DOE, Plaintiff - Appellee, v. CITY OF ALBUQUERQUE, Defendant - Appellant. No. 10-2102 UNOPPOSED MOTION TO CORRECT MISTAKEN ELECTRONIC FILINGS OF APPELLANT'S OPENING BRIEF Appellant City of Albuquerque, by and through its counsel of record, Assistant City Attorneys Gregory S. Wheeler and Peter H. Pierotti, file this unopposed motion to correct mistaken electronic filings. 1. The Court ordered Defendant Appellant City of Albuquerque to file an amended opening brief to correct certain deficiencies, and this brief was due August 2, 2010 ("Amended Opening Brief"). 2. The City mailed the Amended Opening Brief July 30, 2010 and filed that brief electronically July 30, 2010. The required attachments were not included and the City was asked to electronically file again on August 2, 2010, which the City did. However, there were problems with the City's software and other problems and the August 2, 2010 electronic filing was also in error. 3. Upon approval of this Motion, the City requests that the attached brief be filed. The body of the brief is the same as originally filed and mailed on July 30, 2010, but includes pages omitted in the improper scanning process, corrected page numbers, the required statement of compliance with word-text limitations, an update to the table of contents to include all sections, and the orders appealed from as attachments. 5. The City asks the Court to delete the mistaken electronic filings which occurred on July 30, 2010 and August 2, 2010, and that the timing of Appellee's Answer Brief be tracked from the new filing date. 4. Opposing counsel consents to this motion. The City apologizes to the Court for the mistakes and wants to thank opposing counsel for a good deal of patience and cooperation in this matter. WHEREFORE, Appellant prays that the Court would grant this motion. Respectfully Submitted, CITY OF ALBUQUERQUE Robert J. Perry City Attorney Gregory S. Wheeler Peter H. Pierotti Attorneys for Appellant P. O. Box 2248 Albuquerque, New Mexico 87l03 (505) 768-4500 2 I hereby certify that a true and accurate copy of the foregoing was served on August 10, 2010, to all counsel of record electronically through the CM/ECF process, and by mail to: Brendan K. Egan The Rothstein Law Firm 1215 Paseo de Peralta Santa Fe, NM 87504 Peter H. Pierotti 3

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