Christopher Brekka, et al v. LVRC Holdings LLC, et al

Filing 1

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: Yes. The schedule is set as follows: CADS due by Attorney Norman H. Kirshman, Attorney due on 04/24/2009. Transcript order for Appellant Christopher Brekka, Appellant Employee Business Solutions Inc. and Appellant Carolyn Quain due 05/26/2009. Transcript due for Orig Clerk USDC, Las Vegas on 06/23/2009. Certificate of record due 06/30/2009. Appellant Christopher Brekka, Appellant Employee Business Solutions Inc. and Appellant Carolyn Quain opening brief due 08/10/2009. Appellee Brian W. Boschee, Appellee Cavalier Management, LLC, Appellee Centerpoint Interventions, LLC, Appellee Central Recovery Press, LLC, Appellee Central Recovery Treatment LA, LLC, Appellee Central Recovery Treatment, LLC, Appellee Foundation for Recovery, Inc., Appellee Glenbrook Services, LLC, Appellee Thomas G. Grace, Appellee Brad Greenstein, Appellee David Greetham, Appellee Haney, Woloson, & Mullins, Appellee LVRC Holdings LLC, Appellee LVRC Office, LLC, Appellee LVRC Residential, LLC, Appellee NW Living, LLC, Appellee Recovery Management, LLC, Appellee Recovery Properties, LLC, Appellee Santoro, Driggs, Walch, Kearney, Holley &Thompson and Appellee Stuart P. Smith answering brief due 09/08/2009. Appellant's optional reply brief is due 14 days after service of the answering brief. (EB)

UNITED STATES COURT OF APPEALS for the NINTH CIRCUIT
Office of the Clerk
General Information
COUNSELED CASES

(A PRIL 2009)
1.

Main Office - San Francisco

Mailing Address
(U.S. Postal Service)

Overnight Delivery
(FedEx, UPS, etc.)

Location
(Street Address)

Office of the Clerk
James R. Browning
Courthouse
U.S. Court of Appeals
P.O. Box 193939
San Francisco, CA
94119-3939

Office of the Clerk
James R. Browning
Courthouse
U.S. Court of Appeals
95 Seventh Street
San Francisco, CA
94103-1526

Office of the Clerk
James R. Browning
Courthouse
U.S. Court of Appeals
95 Seventh Street
San Francisco, CA
94103

2.

Website

The Court’s website at www.ca9.uscourts.gov is a tremendous resource. On it, you
will find copies of the Court’s Rules and General Orders, information about
Electronic Case Filing, answers to Frequently Asked Questions, directions to the
Courthouses, forms necessary to gain admission to the Bar of this Court, and an
invitation to join our Pro Bono Program. You will also find links to practice
manuals as well as this Court’s Dispositions and recordings of oral arguments.
3. Electronic Case Filing
Effective January 2, 2009, use of the U.S. Court of Appeals for the Ninth Circuit 's
Court's Case Management/ Electronic Case Files (CM/ECF) system is mandatory
for all attorneys filing in this Court, unless they are granted an exemption from
using the CM/ECF system.
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Registration is required. To register and for all information about CM/ECF, go to
the Court's website at www.ca9.uscourts.gov and click on the CM/ECF button.
The Administrative Order Regarding Electronic Filing in All Ninth Circuit Cases
contains all Rules regarding Appellate ECF and tells you what documents can and
cannot be filed electronically.
4.

Phone Numbers

General Information

[phone]

Appellate Commissioner

355-8110

Attorney Admissions

355-7800

Calendar Unit

355-8190

Circuit Executive

[phone]

Circuit Mediators

355-7900

Computer Operations

355-7890

Death Penalty

355-8197

Divisional Offices:
Pasadena

[phone]

Portland

[phone]

Seattle

[phone]

Docketing

[phone] or 7840

Extensions of Time/Briefs:
Written Motions

355-7860

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14 day Telephone Extension:
(Northern & Eastern California;
Hawaii, Guam, Arizona,
Nevada)

[phone]

(Central & Southern California)

[phone]

(Eastern & Western Washington,
Idaho, Montana)

[phone]

Judicial Misconduct

[phone]

Library

355-8650

Motions Attorneys

355-8020

Operations Assistants (CJA)

355-7920

Personnel

355-7869

Procedural Motions

355-7860

Pro Se Unit

355-8040

Records Unit

355-7820

Tours

355-7930

5.

Authorities and Resources

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Rules of Practice - The Federal Rules of Appellate Procedure (Fed. R. App.
P.); the Ninth Circuit Rules of Practice (9th Cir. R.), and the Administrative
Order Regarding Electronic Filing in All Ninth Circuit Cases govern
practice before this court. Copies of the rules are available on this court’s
website at www.ca9.uscourts.gov and from the Clerk’s offices in San
Francisco, Pasadena and Seattle. Send a written request together with a selfaddressed return mailing label.
The court has prepared a practice videotape which is available through the
Clerk’s office in San Francisco for $15.00. Continuing legal education
credit for viewing this videotape is available in most jurisdictions.

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6.

Admission to the Bar of the Ninth Circuit

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All attorneys practicing before the Court must be admitted to the Bar of the
Ninth Circuit. Fed. R. App. P. 46(a) and 9th Cir. R. 46-1.2.
If you are NOT already admitted, obtain a form from our website or by
calling the number listed above and submit it to the Clerk’s Office in San
Francisco together with the admission fee of $190.00. The check should be
made payable to Clerk, United States Court of Appeals. After your
application is processed, you will be mailed a certificate of admission.

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7.

Notices of Change of Address

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Counsel who are registered Appellate Electronic Filers must update their
street addresses or email addresses via PACER at:
https://pacer.psc.uscourts.gov/psco/cgi-bin/cmecf/ea-login.pl
Counsel who are not registered must file a change of address with the Court.

8.

Record Preparation and Briefing Schedule

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In DIRECT CRIMINAL appeals, the district court sets the schedule. If you
do not receive a schedule within 14 days of the filing of the Notice of
Appeal you should contact this Court.
In CIVIL appeals, this court sets the schedule at the time the appeal is
docketed in this court. You should receive your briefing schedule at the
same time you receive this information.
If the appellant files the opening brief earlier than the due date, the due date
for the appellee’s brief does not advance. It remains due on the date
reflected in the briefing schedule. 9th Cir. R. 31-2.1.
Motions that stay the briefing schedule are listed in Circuit Rule 27-11.

9.

Excerpts of Record

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This Court requires excerpts of record instead of an appendix. 9th Cir. R.
30-1.1(a).
Five (5) separately-bound excerpts of record with WHITE covers shall be
filed at the time appellant files or electronically submits the Opening Brief.
Each party shall be served with one copy of the excepts. 9th Cir. R. 30-1.

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Please review 9th Cir. R. 30-1.3, 30-1.4, 30-1.5, and 30-1.6 to see a list of
the specific contents and format. Also see Rule 4 of the “Administrative
Order Regarding Electronic Filing,” which is available on the Court’s
CM/ECF webpage.
For excerpts that exceed 75 pages, the first volume must comply with 9th
Cir. R. 30-1.6.
If excerpts exceed 300 pages, you will need to file the excerpts in multiple
volumes. 9th Cir. R. 30-1.6(b).
Appellee may file supplemental excerpts and appellant may file further
excerpts. 9th Cir. R. 30-1.7 and 30-1.8.
If you are an appellee responding to a Pro Se brief that did not come with
excerpts, then your excerpts need only include the contents set out at 9th Cir.
R. 30-1.6.
If you are involved in an appeal from a district court’s review of an agency
action, your excerpts shall include the items listed at 9th Cir. R. 17-1.

10.

Motions Practice

A.

General Information

Fed. R. App. P. 27 and 32(c)(1) and 9th Cir. R. 27 govern motions practice
and specific types of relief. Some of the basic points include:
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Neither a notice of motion nor a proposed order is required. See Fed. R.
App. P. 27(a)(2)(C)(ii), (iii).
Motions may be supported by an affidavit or declaration. 28 U.S.C. §1746.
A response to a motion is due 8 business days from the service of the
motion. Fed. R. App. P. 27(a)(3)(A). The reply is due 5 business days from
service of the response. Fed. R. App. P. 27(a)(4), see also Fed. R. App. P.
26(c). A response requesting affirmative relief and/or relief by a date certain
must include that request in the caption. Fed. R. App. R. 27(a)(3)(B).
A motion should provide the position of the opposing party. See Advisory
Committee Note to Rule 27-1(5). See also 9th Cir. R. 31-2.2(b)(6)
(statement regarding the position of opposing party or a statement about why
that information is unavailable required in motions for extensions of time).
Motions filed after a case has been scheduled for oral argument, has
been argued, is under submission or that has been decided by a panel,
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must include the date of argument, submission or decision. If known, you
must also include the names of the judges on the panel. 9th Cir. R. 25-4.
B.

Emergency or Urgent Motions - Circuit Rule 27-3

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All emergency and urgent motions must conform with the provisions of 9th
Cir. R. 27-3. Motions requesting procedural relief do NOT fall within the
types of matters contemplated by 9th Cir. R. 27-3.
Prior to filing any emergency motion, the moving party MUST contact
an attorney in the Motions Unit in San Francisco at [phone].
When it is absolutely necessary to notify the court of an emergency
requiring its attention outside of standard office hours, the movant shall call
[phone]. This line is monitored by court staff. Keep in mind that
this line is for true emergencies that cannot wait until the next business day,
such as emergencies that involve an imminent execution or removal from the
United States.

C.

Motions for Extensions of Time to File the Trial Transcript

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The court reporter is required to file a motion for an extension of time to file
the transcripts. 9th Cir. R. 11-1.1.
If the reporter fails to move for an extension of time, appellant is required to
file a Ninth Circuit Rule 11-1.2 notice.

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D.

Motions for Extensions of Time to File the Briefs

A party may seek only ONE of either a Written Extension or an Oral Extension:
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Written Extension

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Requests for extensions of more than 14 days will be granted only upon a
written motion supported by a showing of diligence and substantial need.
This motion should be filed at least seven calendar days before the due date
for the brief. The motion shall be accompanied by an affidavit or
declaration that includes all of the information listed at 9th Cir. R. 31-2.2(b).
This court will ordinarily make some adjustment to the schedule in response
to a motion. See Circuit Advisory Note to Rule 31-2.2. The court expects

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that the brief will be filed within the requested period of time. Id.
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Oral Extension

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If good cause is shown, the clerk may grant a SINGLE extension of no more
than 14 days to file an opening, answering or reply brief. 9th Cir. R. 312.2(a). You may apply for such an extension by calling the appropriate
number listed below:
Central/Southern Districts of California

[phone]

Districts of Alaska, Montana, Idaho,
Oregon & Eastern or Western Washington

[phone]

All Other Districts

[phone]

11.

Mediation Program

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Civil Appeals Docketing Statements are required in all CIVIL
COUNSELED cases except: (a) habeas cases (28 U.S.C. §§ 2241, 2254 and
2255) and (b) petitions for Writs (28 U.S.C. § 1651). You may obtain a
Civil Appeals Docketing Statement form from the district court clerk or the
Ninth Circuit Website.
The completed form should be filed together with the Notice of Appeal.
Late filed forms should be filed with the Court of Appeals and must include
a Ninth Circuit docket number. The docketing statement is used only to
assess settlement potential.
If you are interested in requesting a conference with a mediator, you may
call the Mediation Unit at [phone] or make a written request to the
Chief Circuit Mediator. Requests for mediation will be kept confidential if
so requested.

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12.

Court Calendars

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Hearing notices for oral argument calendars are distributed approximately
four to five weeks before the date for argument. Generally, cases are heard
in the administrative unit where they originate. The Court sits monthly in
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San Francisco, Pasadena and Seattle. The court sits in Portland every other
month, depending on caseload. The Court also hears argument three times a
year in Honolulu and once a year in Anchorage.
There will only be a change of date or location of oral argument for good
cause. Any request to continue an argument date filed within 14 days of the
hearing will ONLY be granted upon a showing of exceptional
circumstances. 9th Cir. R. 34-2.
Oral argument will be conducted in all cases UNLESS all members of the
panel agree that the decisional process would not be significantly aided by
oral argument. Fed. R. App. P. 34.

13.

Hyperlinks in Briefs

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If you submit your brief electronically, the Court encourages you to include
hyperlinks to the district court record.
Instructions are available on the Court's website at:
www.ca9.uscourts.gov/datastore/uploads/cmecf/doc-cross-doc-hyperlinks.pdf

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