Celedonia Yue v. Conseco Life Insurance Company

Filing 5

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL ON CROSS APPEAL.. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Mediation Questionnaire due on 03/11/2011. First cross appeal brief due 08/01/2011 for Conseco Life Insurance Company. Second brief on cross appeal due 08/31/2011 for Celedonia X. Yue. Third brief on cross appeal due 09/30/2011 for Conseco Life Insurance Company . Optional reply brief due 14 days from service of third brief on cross appeal. [7668792] [11-55359, 11-55275] (BG)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
P.O. BOX 193939
SAN FRANCISCO, CALIFORNIA 94119-3939

MEMORANDUM
TO:

Parties in Cross-Appeals

FROM:

Clerk's Office of the U.S. Court of Appeals
for the Ninth Circuit

SUBJECT:

Briefing Schedules in Cross-Appeals

This memorandum will serve as a Ninth Circuit interpretation and clarification of the
cross-appeals briefing schedule referenced in the Federal Rules of Appellate Procedure (FRAP).
Regarding the filing of briefs, the parties in cross-appeals should generally refer to FRAP and
Circuit Rules 28 and 32.
In cross-appeals in this court each of the two adversary positions is allowed to file two
briefs. Unless the parties stipulate otherwise, the party filing the first appeal should file the first
brief as cross-appellant/appellee. This brief is due by court order approximately 40 days from
the filing of the Certificate of Record in the U.S. Court of Appeals. The party filing the
subsequent or second appeal (appellee/cross-appellant in these cases) shall have 30 days to file a
brief which shall contain the issues and argument in the cross-appeal as well as answering the
opening brief of the party who first appealed (cross-appellant/appellee). The third brief should
be filed by the party who first appealed (cross-appellant/appellee) within 30 days from the filing
of brief number two by the appellee/cross-appellant. This third brief is filed as a reply brief in
the principal appeal and as an answering brief in the cross-appeal. The fourth brief is filed by
the appellee/cross-appellant only as a reply brief in the cross-appeal. It is optional and should be
filed within 14 days of the filing of the combined brief of cross-appellant/appellee.
If the parties agree, a written stipulation may be filed in this court which exchanges the
role of the adversary parties in filing the foregoing briefs.
The following chart is offered as a synopsis of the briefing schedule.
A formal motion is required in order to request an enlargement of time in order to file
any brief in the cross-appeals briefing schedule, except a party may receive a single oral
extension of no more than 14 days within which to file a brief. Likewise a formal motion is
required in order to file an "oversized" brief and any such motions must be in conformance with
FRAP and Circuit Rule 32.
C A9-025 ( R ev. 01/06)

CHART OF BRIEFING SCHEDULE FOR CROSS-APPEALS

BRIEF
No.

BY

RELATIONSHIP
OF BRIEF TO
APPEAL #1

1

cross-appellant/appellee
(first appealing party)
Excerpts required

opening

2

appellee/crossappellant (second
appealing party)
Excerpts required

appellee's
(answering)
brief
[com bined

opening

cross-appellant/appellee
(first appealing party)

reply

3

[com bined
4

appellee/crossappellant (second
appealing party)

RELATIONSHIP
OF BRIEF TO
APPEAL #2

COLOR
OF
COVER

TIME LIMIT*

PAGE
LIMIT*

blue

40 days from the filing of the
Certificate of Record by the
Clerk of the U.S. Court of
Appeals or by Tim e Schedule
Order

14,000
words or
30 pgs.

red

30 days from the service of
brief #1 or by Tim e Schedule
Order

16,500
words or
35 pgs.

appellee's
(answering)
brief
briefs]

Yellow

30 days from the service of
brief #2 or by Tim e Schedule
Order

14,000
words or
30 pgs.

reply

gray

14 days from the service of
brief #3

7,000
words or
15 pgs.

briefs]

* See FRAP and Circuit Rule 32.

Rev. (01/06)