USA v. North American Islamic Trust

Filing 45

UNOPPOSED MOTION filed by Appellant North American Islamic Trust For Leave To File Supplemental Record Excerpts [6525429-2]. Date of service: 04/30/2010 via email - Attorney for Appellant(s): Loose, Maggio; Attorney for Appellee(s): Cowger, Shanker; US mail - Attorney for Appellant: Stephenson [09-10875] (TMM)

USA v. North American Islamic Trust

Doc. 45

NO. 09-10875 __________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ____________________________ UNITED STATES OF AMERICA, Respondent - Appellee, V. HOLY LAND FOUNDATION FOR RELIEF AND DEVELOPMENT, ET AL., Defendants. Appeal Of: NORTH AMERICAN ISLAMIC TRUST Appellant. __________________________
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS United States v. Holy Land Foundation For Relief and Development, et al., CASE NO. 3:04-CR-0240

__________________________ APPELLANT'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL RECORD EXCERPTS __________________________
Robert M. Stephenson Timothy M. Maggio Kevin A. Wisniewski LOCKE LORD BISSELL & LIDDELL LLP 111 South Wacker Drive Chicago, Illinois 60606 [phone] phone ATTORNEY FOR APPELLANT NORTH AMERICAN ISLAMIC TRUST

Dockets.Justia.com

Appellant North American Islamic Trust ("NAIT") hereby moves this Court for leave to file supplemental record excerpts ("Record Excerpts Volume III").1 In support of this Motion, NAIT states as follows: 1. On August 26, 2009, the North American Islamic Trust ("NAIT") filed a

Notice of Appeal asking this Court to review a July 1, 2009 Memorandum Opinion Order (the "Order") of the United States District Court for the Northern District of Texas. That Order was issued under seal in the criminal proceeding styled United States v. Holy Land Foundation For Relief And Development, et al., Case No. 3:04-CR-00240. 2. On February 1, 2010, NAIT filed with this Court its Appellant's Initial Brief

and Record Excerpts (Volumes I and II). On April 5, 2010, the Government filed with this Court its Brief and a separate set of Record Excerpts. 3. Due to the size of the Record on Appeal, the difficulty of locating

documents in that record, and for the convenience of this Court, NAIT seeks leave to file a supplemental record excerpt consisting of three (3) pages from the record. 4. Because the supplemental record excerpts ("Record Excerpts Volume III")

contain certain documents referred to in the Order, which has been sealed by the District Court, NAIT filed a motion with this Court on April 29, 2010, seeking
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Pursuant to Fifth Circuit Rule of Appellate Procedure 30.1.5 (Optional Contents of Record Excerpts), Appellant's Record Excerpts Volume III consists of three (3) pages. Including these materials in Volume III, the optional contents of Appellant's Record Excerpts total 35 pages, below the 40 page limit set forth by Fifth Circuit Rule of Appellate Procedure 30.1.6.
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leave to file the supplemental record excerpts under seal.2 (See Appellant's Motion For Leave To File Under Seal Appellant's Reply Brief and Record Excerpts, April, 29, 2010.) NAIT hereby incorporates that Motion. 5. NAIT has conferred with counsel for the Appellee, the United States of

America. The Appellee does not oppose this motion. WHEREFORE the North American Islamic Trust respectfully requests that this Court enter an order granting it leave to file supplemental record excerpts ("Record Excerpts Volume III"). Dated: April 30, 2010 Respectfully Submitted, By: /s/ Timothy M. Maggio _

Robert M. Stephenson Timothy M. Maggio Kevin A. Wisniewski LOCKE LORD BISSELL & LIDDELL LLP 111 South Wacker Drive Chicago, Illinois 60606 [phone] phone [phone] fax ATTORNEY FOR APPELLANT NORTH AMERICAN ISLAMIC TRUST

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In order to follow the orders of the District Court and the operation of the local sealing procedures pending this appeal, NAIT sought leave to file under seal Appellant's Reply Brief and Record Excerpts Volume III, thus preventing the public disclosure of items the District Court has decided should be, or by operation of the local sealing procedures are, shielded from public view. NAIT opposes the District Court's sealing order shielding the July 1, 2009 Order from the public and believes that the Order should be public. However, to comply with and respect the District Court's sealing order, NAIT sought leave to file under seal its Appellant's Reply Brief and Record Excerpts.
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CERTIFICATE OF CONFERENCE Counsel for the North American Islamic Trust conferred with counsel for United States of America, Appellee, regarding this motion. The Appellee does not oppose this motion. /s/ Timothy M. Maggio Timothy M. Maggio _

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served on all counsel of record on this the 30th day of April, 2010 via the Court's electronic filing system: Susan Cowger Assistant U.S. Attorney U.S. Attorney's Office Northern District of Texas, Room 300 1100 Commerce Street Dallas, TX 75242-1699 Vijay Shanker Attorney, U.S. Department of Justice Criminal Division, Appellate Section 950 Pennsylvania Ave., NW, Rm. 1264 Washington, DC 20530

/s/ Timothy M. Maggio Timothy M. Maggio

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