Witt, et al v. Dept of Air Force, et al

Filing 49

FILED OPINION (WILLIAM C. CANBY, SUSAN P. GRABER and RONALD M. GOULD) VACATED; REMANDED; AFFIRMED. The parties shall bear their own costs on appeal. [Affirmed in Part and Reversed/Vacated in Part;Terminated on the merits after oral hearing;Written, reasoned, signed, published; Judge: WCC Concurring & Dissenting, Judge: RMG Authoring]. FILED AND ENTERED JUDGMENT. (RP)

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Witt, et al v. Dept of Air Force, et al Doc. 49 Att. 1 Case: 06-35644 05/21/2008 Page: 1 of 5 ID: 6537707 DktEntry: 49-2 United States Court of Appeals for the Ninth Circuit O ffic e of the Clerk 9 5 Seventh Street; San Francisco, California 94103 G e n e ra l Information Judgment and Post-Judgment Proceedings J u d gm en t T h is Court has filed and entered the attached judgment in your case. Fed. R. A p p . P. 36. Please note the file stamp date on the attached decision because a ll of the dates described below run from that date, not from the date you re c e iv e this notice. Mandate (Fed. R. App. P. 41; 9th Cir. R. 41-1, 2) T h e mandate will issue seven (7) calendar days after the expiration of the time fo r filing a petition for rehearing or seven (7) calendar days from the denial of a petition for rehearing, unless the court directs otherwise. If a stay of mandate is sought, an original and four (4) copies of the motion must be filed. The m a n d a te is sent only to the district court or agency, we do not provide a copy to the parties. Publication of Unpublished Disposition (9th Cir. R. 40-2) A n order to publish a previously unpublished memorandum disposition extends th e time to file a petition for rehearing to 14 days after the date of the order of p u b lic a tio n or, in all civil cases in which the United States or an agency, or o ff ic e r thereof is a party, 45 days after the date of the order of publication. 9th C ir. R. 40-2. P e titio n for Panel Rehearing (Fed. R. App. P. 40; 9th Cir. R. 40-1) P e titio n for Rehearing En Banc (Fed. R. App. P. 35; 9th Cir. R. 35-1 to 4) (1) A. P u r p o s e (Panel Rehearing): A petition for panel rehearing should only be made to direct the Court's a tte n tio n to one or more of the following situations: < A material point of fact or law overlooked in the decision; < A change in the law which occurred after the case was submitted a n d which appears to have been overlooked by the panel; < A n apparent conflict with another decision of the court which was n o t addressed in the opinion. P e titio n s which merely reargue the case should not be filed. Dockets.Justia.com Case: 06-35644 05/21/2008 Page: 2 of 5 ID: 6537707 DktEntry: 49-2 B. P u r p o s e (Rehearing En Banc) P a rtie s should seek en banc rehearing only if one or more of the fo llo w in g grounds exist: < C o n s id e ra tio n by the full court is necessary to secure or maintain u n ifo rm ity of its decisions; or < T h e proceeding involves a question of exceptional importance; or < T h e opinion directly conflicts with an existing opinion by another c o u r t of appeals and substantially affects a rule of national a p p lic atio n in which there is an overriding need for national u n ifo rm ity . D e a d lin e s for Filing: < A petition for rehearing may be filed within fourteen (14) days from e n try of judgment. Fed. R. App. P. 40 (1) < If the United States or an agency or officer thereof is a party in a civil a p p e a l, the time for filing a petition for rehearing is 45 days from entry o f judgment. Fed. R. App. P. 40 (1) < If the mandate has issued, the petition for rehearing should be a cc o m p a n ie d by a motion to recall the mandate. < S e e Advisory Note to 9th Cir. R. 40-1 (petitions must be received on the d u e date). < S e e 9th Cir. R. 40-2 (motion to publish unpublished disposition) S ta t em e n t of Counsel A petition should contain an introduction stating that, in counsel's judgment, o n e or more of the situations described in the "purpose" section above exist. T h e points to be raised must be stated clearly. F o r m & Number of Copies T h e format is governed by 9th Cir. R. 40-1 and Fed. R. App. P. 32(c)(2). T h e petition shall not exceed 15 pages unless it complies with the alternative le n g th limitations of 4,200 words or 390 lines of text. A n answer, when ordered by the Court, shall comply with the same length lim ita tio n s as the petition. If an unrepresented litigant elects to file a form brief pursuant to Circuit Rule 2 8 -1 , a petition for panel rehearing or for rehearing en banc need not comply w ith Fed. R. App. P. 32. T h e petition or answer must be accompanied by a certificate of compliance fo u n d at Form 11. 2 (2 ) (3 ) (4) Post Judgment Form - Rev. 3/2007 Case: 06-35644 05/21/2008 Page: 3 of 5 ID: 6537707 DktEntry: 49-2 If a petition for panel rehearing does not include a petition for rehearing en b a n c , the movant shall file an original and 3 copies. If the petition for panel rehearing includes a petition for rehearing en banc, the m o v a n t shall file an original and 50 copies. Bill of Costs (Fed. R. App. P. 39, 9th Cir. R. 39-1) The bill of costs must be filed within 14 days after entry of judgment. S e e attached form for additional information. Attorney's Fees C irc u it Rule 39-1 describes the content and due dates for attorney fee a p p lic a tio n s . A n y relevant forms are available on our website www.ca9.uscourts.gov or by te le p h o n in g 415 355-7806. P e titio n for Writ of Certiorari P le a s e refer to the Rules of the United States Supreme Court at w w w .s u p r e m e c o u r tu s .g o v C o u n se l Listing in Published Opinions P le a s e check counsel listing on the attached decision. If there are any errors in a published opinion, please notify in writing within 1 0 days: < W e s t Publishing Company; 610 Opperman Drive; PO Box 64526; St. P a u l, MN 55164-0526 (Attn: Kathy Blesener, Senior Editor), and < C le rk , U.S. Court of Appeals; PO Box 193939; San Francisco, CA 9 4 1 1 9 - 3 9 3 9 (Attn: Opinions Clerk). Post Judgment Form - Rev. 3/2007 3 Case: 06-35644 05/21/2008 Page: 4 of 5 ID: 6537707 DktEntry: 49-2 Form 10. Bill of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Rev. 1-1-05) United States Court of Appeals for the Ninth Circuit BILL OF COSTS Note: If you wish to file a bill of costs, it MUST be submitted on this form and filed, with the clerk, with proof of service, within 14 days of the date of entry of judgment, and in accordance with Circuit Rule 39-1. A late bill of costs must be accompanied by a motion showing good cause. Please refer to FRAP 39, 28 U.S.C. 1920, and Circuit Rule 39-1 when preparing your bill of costs. CA No. _______________ _________________ v. _________________ The Clerk is requested to tax the following costs against:__________________________ Cost Taxable under FRAP 39, 28 U.S.C. 1920, Circuit Rule 39-1 No. of Docs.* Excerpt of Record Appellant's Brief Appellee's Brief Appellant's Reply Brief Other REQUESTED Each Column Must Be Completed ALLOWED To Be Completed by the Clerk Pages per Doc. Cost per Page ** TOTAL COST No. of Docs. Pages per Doc. Cost per Page TOTAL COST TOTAL $ TOTAL $ Case: 06-35644 05/21/2008 Page: 5 of 5 ID: 6537707 DktEntry: 49-2 Form 10. Bill of Costs - Continued Other: Any other requests must be accompanied by a statement explaining why the item(s) should be taxed pursuant to Circuit Rule 39-1. Additional items without such supporting statements will not be considered. Attorneys fees cannot be requested on this form. * If more than 7 excerpts or 20 briefs are requested, a statement explaining the excess number must be submitted. ** Costs per page may not exceed .10 or actual cost, whichever is less. Circuit Rule 39-1. I, _______________, swear under penalty of perjury that the services for which costs are taxed were actually and necessarily performed, and that the requested costs were actually expended as listed. Signature: _________________________________ Date: _____________________________________ Name of Counsel (printed or typed): _____________________________ Attorney for: ________________________________________________ Date: _______________________ Costs are taxed in the amount of $_______________ Clerk of Court By: __________________________, Deputy Clerk

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