Doe v. City of Albuquerque

Filing 47

[9915301] Motion filed by Appellee Mr. John Doe to release the oral argument recording. Served on: 11/01/2011. Manner of service: ECF/NDA. BKE [Entered: 11/01/2011 04:22 PM]

Case No. 10-2102
IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
JOHN DOE,
Plaintiff-Appellee,
v.
CITY OF ALBUQUERQUE,
Defendant-Appellant,
_________________________________________________________________
On Appeal from the United States District Court
for the District of New Mexico
The Honorable M. Christina Armijo
United States District Judge
Case No. 08-CV-1041 MCA/LFG
__________________________________________________________________
APPELLEE JOHN DOE’S MOTION FOR RELEASE OF ORAL
ARGUMENT RECORDING
Before BRISCOE, Chief Judge, EBEL and O’BRIEN, Circuit Judges.

ROTHSTEIN, DONATELLI, HUGHES,
DAHLSTROM, SCHOENBURG
& BIENVENU, LLP
Richard W. Hughes, Esq.
Brendan K. Egan, Esq.
1215 Paseo de Peralta
Santa Fe, NM 87501
[phone]

ACLU of NEW MEXICO
Laura Schauer Ives, Esq.
Managing Attorney
P.O. Box 566
Albuquerque, NM
[phone]

SANDERS & WESTBROOK, PC
Maureen A. Sanders, Esq.
Co-Legal Director ACLU of New Mexico
102 Granite Avenue, NW
Albuquerque, NM 87102
[phone]
OF COUNSEL

APPELLEE JOHN DOE’S MOTION FOR RELEASE OF ORAL
ARGUMENT RECORDING
Pursuant to Tenth Circuit Local Rule 34.1(E)(1), and for purposes related to
this Court’s Order of October 20, 2011 requesting supplemental briefing, Appellee
John Doe respectfully moves this Court for the release of the oral argument audio
recordings. Oral argument in this matter was held on January 19, 2011 before the
Honorable Chief Judge Briscoe, and the Honorable Circuit Judges Ebel and
O’Brien.
Appellee moves this Court for the release of the audio recording of the oral
argument to identify any potentially relevant issues discussed during oral
argument that may relate to pertinent issues for Appellee’s forthcoming
Supplemental Brief, as requested by this Court and due on November 29, 2011.
Depending on the content of the oral argument recordings, Appellee may reference
and/or quote relevant portions, if any at all.
Counsel for Appellant City of Albuquerque, Gregory S. Wheeler, concurs in
this motion.
WHEREFORE Appellee John Doe respectfully moves this Court for the
release of the complete audio recording of the oral argument in the instant appeal,
held on January 19, 2011. Appellee John Doe further requests that, if the Court is
so inclined to release the audio recordings from oral argument, that it do so before
1

the deadline (November 29, 2011) for both parties to file their respective
Supplemental Brief.
Respectfully submitted,
ROTHSTEIN, DONATELLI, HUGHES,
DAHLSTROM, SCHOENBURG &
BIENVENU, LLP
/s/ Brendan K. Egan 11.1.11
Richard W. Hughes
Brendan K. Egan
1215 Paseo de Peralta
Post Office Box 8180
Santa Fe, NM 87504-8180
[phone]
AMERICAN CIVIL LIBERTIES UNION OF
NEW MEXICO
Laura Schauer Ives
Managing Attorney
P.O. Box 566
Albuquerque, NM 87103
[phone]
SANDERS & WESTBROOK, PC
Maureen A. Sanders
Co-Legal Director ACLU of New Mexico
102 Granite Avenue, NW
Albuquerque, NM 87102
[phone]
OF COUNSEL
Attorneys for Plaintiff-Appellee
2

CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF
APPELLATE PROCEDURE 32
As required by Federal Rule of Appellate Procedure 32(a)(5)(A) and (7)(C),
I certify that this brief is proportionally spaced, has a typeface of 14 points, and
contains 223 words. I relied on my word processor, WordPerfect X4, to obtain the
count. I certify that the information contained in this certification is true and correct
to the best of my knowledge and belief formed after a reasonable inquiry.
/s/ Submitted Electronically 11/1/2011
Brendan K. Egan

CERTIFICATE OF DIGITAL SUBMISSION
I hereby certify that all required privacy redactions have been made and, with
the exception of those redactions, every document submitted in Digital Form or
scanned PDF format is an exact copy of the written document filed with the Clerk.
I also certify that the digital submissions have been scanned on November 1, 2011 for
viruses with the most recent version of a commercial virus scanning program
Malwarebytes’ Anti-Malware Version 5990 and, according to the program, are free
of viruses.
/s/ Submitted Electronically 11/1/2011
Brendan K. Egan
3

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on November 1, 2011, I filed the foregoing
pleading electronically through the CM/ECF system and caused the following
parties and/or counsel to be served electronically through the CM/ECF system. I
also certify that on November 2, 2011, I mailed three (3) bound copies of the
foregoing pleading by U.S. Mail, postage prepaid, to the Tenth Circuit Court of
Appeals, and one (1) bound copy has been mailed by U.S. Mail, postage prepaid,
to the following parties:
Gregory S. Wheeler &
Peter H. Pierotti
Assistant Albuquerque City Attorneys
P.O. Box 2248
Albuquerque, NM 87103
Attorneys for Defendant-Appellant

/s/ Submitted Electronically 11/1/2011
Brendan K. Egan

4