Elio Felipe Mendes Lourenco v. Atty Gen USA

Filing 3010140664

Case: 09-4549

Document: 003110140664

Page: 1

Date Filed: 05/12/2010

UNITED STATES COURT OF APPEALS FO R THE THIRD CIRCUIT
C.A. No. 09-4549 E lio Felipe Mendes Lourenco v. Atty Gen USA A 0 9 6 -2 5 4 -2 4 7

B RIE FIN G AND SCHEDULING ORDER

Effective December 15, 2008, the Court implemented the Electronic C ase Files System. Accordingly, attorneys are required to file all documents electronically. See 3d Cir. L.A.R. 113 (2008) and the C ourt's CM/ECF website at www.ca3.uscourts.gov/ecfwebsite.
In any enforcement or review proceeding of an order or action of a federal agency or b o a rd , each party adverse to the agency or board shall be considered petitioner(s) and the f e d era l agency or board the respondent for the purposes of briefing. 3rd Cir. LAR 15.1. I t is ORDERED that the brief for Petitioner(s) and the joint appendix shall be filed and s e rv e d on or before 06/21/2010. I t is FURTHER ORDERED that the brief(s) for Respondent(s) shall be filed and s e rv e d within thirty (30) days of service of Petitioner's (Petitioners') brief. I t is FURTHER ORDERED that a reply brief, if any, shall be filed and served w ith in fourteen (14) days of service of Respondent's (Respondents') brief(s). I t is FURTHER ORDERED that in the event of default by Petitioner in filing the b rie f and appendix as directed, the appeal may be dismissed without further notice. I t is

FURTHER ORDERED that if Respondent fails to file a brief within the time

Case: 09-4549

Document: 003110140664

Page: 2

Date Filed: 05/12/2010

directed, the matter will be listed on Petitioner's brief only and Respondent may be s u b je c t to such sanctions as the Court deems appropriate. I t is noted that, where applicable, parties must comply with 3rd Cir. LAR 31.2 w h ic h provides: A local, state or federal entity or agency, which was served in the d is tric t court and which is the appellee, must file a brief in all cases in which a briefing s c h e d u le is issued unless the court has granted a motion seeking permission to be excused f ro m filing a brief. The rule does not apply to entities or agencies that are respondents to a p e titio n for review unless the entity or agency is the sole respondent or to entities or a g e n c ie s which acted solely as an adjudicatory tribunal. This Court requires the filing of briefs by counsel in both electronic and paper format. 3rd C ir. LAR 31 .1(b) . Pro Se litigants are exempt from the electronic filing requirement. P u rsu a n t to 3rd Cir. LAR 30.1(a), counsel must electronically file the appendix in a c co rd a n c e with LAR Misc. 113. C h e c k lis ts regarding the requirements for filing a brief and appendix are available on the C o u rt's website at www.ca3.uscourts.gov.

F o r the Court,

M arc ia M. Waldron, Clerk

cc: V a le n tin e A. Brown, Esq. W . Daniel Shieh, Esq.

D a te d : May 12, 2010