Handoko, et al v. Atty Gen USA

Filing 3010099718

Case: 09-1555

Document: 003110099718

Page: 1

Date Filed: 04/13/2010

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 09-1555 Handoko, et al v. Atty Gen USA (Agency No. A096-264-416)

BRIEFING AND SCHEDULING ORDER Effective December 15, 2008, the Court implemented the Electronic Case Files System. Accordingly, attorneys are required to file all documents electronically. See 3d Cir. L.A.R. 113 (2008) and the Court's CM/ECF w ebsite at www.ca3.uscourts.gov/ecfwebsite.
In any enforcement or review proceeding of an order or action of a federal agency or board, each party adverse to the agency or board shall be considered petitioner(s) and the federal agency or board the respondent for the purposes of briefing. 3rd Cir. LAR 15.1. It is ORDERED that the brief for Petitioners and the joint appendix shall be filed and served on or before 05/24/2010. It is FURTHER ORDERED that the brief for Respondent shall be filed and served within thirty (30) days of service of Petitioners' brief. It is FURTHER ORDERED that a reply brief, if any, shall be filed and served within fourteen (14) days of service of Respondent's brief. It is FURTHER ORDERED that in the event of default by Petitioners in filing the brief and appendix as directed, the appeal may be dismissed without further notice. It is FURTHER ORDERED that if Respondent fails to file a brief within the time directed, the matter will be listed on Petitioner's brief only and Respondent may be subject to such sanctions as the Court deems appropriate. It is noted that, where applicable, parties must comply with 3rd Cir. LAR 31.2 which provides: A local, state or federal entity or agency, which was served in the district court and which is the appellee, must file a brief in all cases in which a briefing schedule is issued unless the court has granted a motion seeking permission to be excused from filing a brief. The rule does not apply to entities or agencies that are respondents to a petition for review unless the

Case: 09-1555

Document: 003110099718

Page: 2

Date Filed: 04/13/2010

entity or agency is the sole respondent or to entities or agencies which acted solely as an adjudicatory tribunal. This Court requires the filing of briefs by counsel in both electronic and paper format. 3rd Cir. LAR 31 .1(b) . Pro Se litigants are exempt from the electronic filing requirement. Pursuant to 3rd Cir. LAR 30.1(a), counsel must electronically file the appendix in accordance with LAR Misc. 113. Checklists regarding the requirements for filing a brief and appendix are available on the Court's website at www.ca3.uscourts.gov. For the Court,

Marcia M. Waldron, Clerk Dated: 13 April 2010 cc: Aliza B. Alyeshmerni, Esq. Joseph C. Hohenstein, Esq. Thomas W. Hussey, Esq.