Righthaven LLC v. Center For Intercultural Organ, et al

Filing 13

Received Appellant Righthaven LLC excerpts of record in 1 volume. Deficiencies: no certificate of service. Notified counsel (see attached notice). [7994223] (LA)

Office of the Clerk
United States Court of Appeals for the Ninth Circuit
Post Office Box 193939
San Francisco, California 94119-3939
415-355-8000
Molly C. Dwyer
Clerk of Court

December 8, 2011

To:

Shawn Anthony Mangano

From:

Molly C. Dwyer, Clerk of Court
By: Liora Anis, Deputy Clerk

Re:

Receipt of Deficient Excerpts of Record of Appellant on 12/07/2011
USCA No. 11-16358

Righthaven LLC v. Center For
Intercultural Organ, et al

The referenced excerpts or record cannot be filed for the following reasons(s):
Excerpts lack certificate of service: All documents filed in this Court must
include a certificate of service pursuant to Fed. R. App. P. 25(d). If the
excerpts of record were not served by the due date, you must additionally
file a motion requesting leave to file late excerpts of record. Please submit
4 paper copies of the certificate of service of the excerpts of record with the
appeal docket number at the top of each copy.
The following action has been taken with respect to the excerpts of record received
in this office:
The deficiency by the appellant is judged to be serious. We cannot file your
excerpts. The deficiency must be corrected within 14 days from the date of
this notice or the case is subject to dismissal pursuant to 9th Cir. R. 42-1.
The receipt of seriously defective excerpts of record in this office does not
toll the time for filing the excerpts while the defect is being corrected.
9th Cir. R. 42-1 provides:
When an appellant fails to file a timely record, pay the docket fee, file a
timely brief, or otherwise comply with rules requiring processing the appeal

for hearing, an order may be entered dismissing the appeal. In all instances
of failure to prosecute an appeal to hearing as required, the Court may take
such other action as it deems appropriate, including imposition of
disciplinary and monetary sanctions on those responsible for prosecution of
the appeal.
When you submit corrections to the excerpts of record, please return a copy of
this letter. If you don't submit your correction within 14 days of this notice, you
must file a motion for leave to file late excerpts of record. See 9th Cir. R. 31-2.3 re:
Extensions of time for filing brief.
See also 9th Cir. R. 30-2 re: Sanctions for Failure to Comply with Circuit Rule
30-1.