www.3atalk.com

Synthian wrote:In October 3abn filed a motion to dismiss their lawsuit against Gailon Joy and Bob Pickle, and the court granted that order without prejudice.

If you missed or wish to review the documents in regards to this, the following:
1. 3abn's motion, and their memorandums and affidavits in support of that motion 10/23/08
2. The court docket notes on the status conference regarding this and order of dismissal with conditions 10/30/08
3.The court's order of dismissal 11/03/08
4.Pickle and Joy's notice that they would appeal the Judge's ruling/court's decision 11/13/08
can be accessed here:
: http://www.3atalk.com/viewtopic.php?f=9&t=127

(3abn's press release ( 10/23/08) announcing that the Board had instructed their attorneys to seek dismissal of its lawsuit against Robert Pickle and Gailon Arthur Joy and their reasons for that can also be read or reviewed here: http://www.3atalk.com/viewtopic.php?f=2&t=130 )

Despite the court documents filed, and the posts and claims made by both Gailon Joy and Bob Pickle regarding all of this, the deadline for their appeal brief has come and gone and neither of them has filed one according to the court.

More details about their appeal case will follow...

General Docket
United States Court of Appeals for the First Circuit

Court of Appeals Docket #: 08-2457
Docketed: 11/21/2008

Nature of Suit: 3840 Trademark
Three Angels Broadcasting Netw, et al v. Joy, et al

Appeal From: District Court of MA, Worcester

Case Type Information:
1) civil
2) private
3) civil rights


Originating Court Information:
District: 0101-4 : 4:07-cv-40098-FDS Lead: 4:07-cv-40098-FDS
Court Reporter: Marianne Kusa-Ryll
Court Reporter: Deborah Scalfani
Court Reporter: Maryanne Young
Ordering Judge: F. Dennis Saylor, IV, U.S. District Judge
Trial Judge: Timothy S. Hillman, Magistrate Judge
Date Filed: 04/06/2007
Date Order/Judgment: 11/03/2008
Date Order/Judgment EOD: 11/03/2008
Date NOA Filed: 11/13/2008
Date Rec'd COA: 11/18/2008


Prior Cases:
None

Current Cases:
None

Panel Assignment: Not available


THREE ANGELS BROADCASTING NETWORK, INC., an Illinois Non-Profit Corporation; DANNY LEE SHELTON, Plaintiffs - Appellees

v.

GAILON ARTHUR JOY; ROBERT PICKLE, Defendants - Appellants

11/21/2008 CIVIL CASE docketed. Notice of appeal (doc. #133) filed by Appellants Gailon Arthur Joy and Robert Pickle. Opening forms sent. Fee due

12/05/2008. Transcript Report/Order form due 12/05/2008. [08-2457]

11/21/2008 RECORD filed. No. of Volumes: 1, Comments: 1-16, 18-21, 23-27, 29-87, 89-92, 94-133. [08-2457]

11/24/2008 SUPPLEMENTAL Record filed. No. of Volumes: 1, Comments: Doc # 22, 28,88; No. of Volumes: 1, Comments: Doc # 93 (Sealed). [08-2457]

11/24/2008 SUPPLEMENTAL Record filed. No. of Volumes: 1, Comments: Duplicative Record: 1-16, 18-21, 23-27, 29-87, 89-92, 94-133. [08-2457]

11/24/2008 TRANSCRIPT Report/Order Form filed by Appellants Gailon Arthur Joy and Robert Pickle. The following transcript(s) have been ordered: Dt. of Proceeding/Hearing: 12/14/2007, Type of Proceeding: Status Conf.; Dt. of Proceeding/Hearing: 10/30/2008, Type of Proceeding: Status Conf. ; Dt. of Proceeding/Hearing: 09/11/2008, Type of Proceeding: Status Conf. ; Dt. of Proceeding/Hearing: 05/10/2007, Type of Proceeding: Mtn Hearing. Transcript(s) due 01/23/2009 from Court Reporter Marianne Kusa-Ryll. [08-2457]


11/28/2008 Filing fee paid in the district court by Appellants Gailon Arthur Joy and Robert Pickle on 11/28/2008. [08-2457]

11/28/2008 DOCKETING Statement filed by Appellant Robert Pickle. [08-2457]

12/01/2008 NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 10/30/2008, Type of Proceeding: Status Conf., Court Reporter: Kusa-Ryll, Marianne. In accordance with Judicial Conference Policy, the transcript(s) will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. Transcript(s) due 12/26/2008 from Court Reporter Marianne Kusa-Ryll. [08-2457]

12/01/2008 SUPPLEMENTAL Record filed. No. of Volumes: 1, Comments: Doc # 17, 77,89 (Transcripts). [08-2457]

12/01/2008 +++ SEE CORRECTED DOCKET ENTRY +++ TRANSCRIPST filed. [ UNDER SEAL] Dt. of Proceeding/Hearing: 05/10/2007, Type of Proceeding: Mtn Hearing, Court Reporter: Kusa-Ryll, Marianne; Dt. of Proceeding/Hearing: 05/07/2008, Type of Proceeding: Status Conference, Court Reporter: Kusa-Ryll, Marianne; Dt. of Proceeding/Hearing: 03/07/2008, Type of Proceeding: Mtn hrg, Court Reporter: Young, Maryanne. [08-2457]--[Edited 12/01/2008 by MM]. This entry was re-docketed to modify the docket text. Please see the corrected docket entry. [08-2457]

12/01/2008 TRANSCRIPT filed. Dt. of Proceeding/Hearing: 05/10/2007, Type of Proceeding: Mtn Hearing, Court Reporter: Kusa-Ryll, Marianne; Dt. of Proceeding/Hearing: 05/07/2008, Type of Proceeding: Status Conf., Court Reporter: Kusa-Ryll, Marianne; Dt. of Proceeding/Hearing: 03/07/2008, Type of Proceeding: Mtn Hrg, Court Reporter: Young, Maryanne. [08-2457]


12/09/2008 Mail returned as undeliverable to Party Gailon Arthur Joy. Copy of 11/21/08 Case Opening Notice. Forwarding address unknown. [08-2457]

12/09/2008 NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 12/14/2007, Type of Proceeding: Status Conf., Court Reporter: Kusa-Ryll, Marianne; Dt. of Proceeding/Hearing: 09/11/2008, Type of Proceeding: Status Conf., Court Reporter: Kusa-Ryll, Marianne. In accordance with Judicial Conference Policy, the transcript(s) will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. Transcript(s) due 03/02/2009 from Court Reporter Marianne Kusa-Ryll. [08-2457]

12/09/2008 BRIEFING schedule set. Brief due 01/19/2009 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [08-2457]

12/09/2008 TRANSCRIPT Order Acknowledgment filed by Court Reporter Marianne Kusa-Ryll. [08-2457]

12/10/2008 NOTICE of Appearance filed by Attorney John P. Pucci for Appellees Three Angels Broadcasting Network, Inc. and Danny Lee Shelton. [08-2457]

12/29/2008 DESIGNATION of agreement as to contents of appendix and issues for review to brief filed by Appellants Gailon Arthur Joy and Robert Pickle. [08-2457]

01/05/2009 MOTION filed by Appellants Gailon Arthur Joy and Robert Pickle to amend case caption. Certificate of service dated 12/30/2008. [08-2457]

01/05/2009 MOTION filed by Appellants Gailon Arthur Joy and Robert Pickle to extend time to file appellant's brief. Certificate of service dated 12/30/2008. [08-2457]

01/05/2009 NOTICE of Appearance filed by William Christopher Penwell and M. Gregory Simpson for Appellees Three Angels Broadcasting Network, Inc. and Danny Lee Shelton. [08-2457]

01/06/2009 DESIGNATION of contents of appendix to brief filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc.. [08-2457]

01/08/2009 ORDER granting motion to extend time to file brief and appendix filed by Appellants Gailon Arthur Joy and Robert Pickle. Brief and Appendix due 02/18/2009 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. [08-2457]

01/13/2009 RESPONSE/Opposition filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. to motion to amend caption. Certificate of service dated 01/12/2009. [08-2457]


01/13/2009 DISCLOSURE Statement on behalf of Appellee Three Angels Broadcasting Network, Inc. filed. [08-2457]

01/20/2009 REPLY filed by Appellants Gailon Arthur Joy and Robert Pickle to Appellee's Response to defendants' motion to amend caption. Certificate of service dated 01/16/2009. [08-2457]

01/21/2009 ORDER entered by Bruce M. Selya, Appellate Judge denying motion to amend caption filed by Appellants Gailon Arthur Joy and Robert Pickle. [08-2457]

Marv Smith wrote:
So you're saying that Pickle/Joy missed their appeal deadline? Wasn't this the one they had asked for additional time to file on?

Case: 08-2457 Document: 00111263637 Date Filed: 01/08/2009
United States Court of Appeals
For the First Circuit
No. 08-2457
THREE ANGELS BROADCASTING NETWORK, INC., an Illinois Non-Profit Corporation; DANNY LEE SHELTON, Plaintiffs - Appellees v. GAILON ARTHUR JOY; ROBERT PICKLE, Defendants - Appellants

ORDER OF COURT Entered: January 8, 2009 Pursuant to 1st Cir. R. 27.0(d)
Upon consideration of motion, it is ordered that the time for Appellants Gailon Arthur Joy and Robert Pickle to file a brief and appendix be enlarged to and including February 18, 2009.

By the Court
/s/ Richard Cushing Donovan,

Marv Smith wrote: Maybe they changed their mind.

Rule 31. Serving and Filing Briefs
(a) Time to Serve and File a Brief.

(1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant’s brief is served. The appellant may serve and file a reply brief within 14 days after service of the appellee’s brief but a reply brief must be filed at least 3 days before argument, unless the court, for good cause, allows a later filing.

(2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed may shorten the time to serve and file briefs, either by local rule or by order in a particular case.

(b) Number of Copies. Twenty-five copies of each brief must be filed with the clerk and 2 copies must be served on each unrepresented party and on counsel for each separately represented party. An unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on each unrepresented party and on counsel for each separately represented party. The court may by local rule or by order in a particular case require the filing or service of a different number.

(c) Consequence of Failure to File. If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission.

Penny wrote:What are the court rules? Does meeting the filing deadline mean that it has to be postmarked by that date or does it actually to be received by the court by the deadline?

Help me understand. Bob and crew, who have vociferously criticized 3ABN for spending $ on the lawsuit, are filing to continue the lawsuit so that 3ABN will spend more $?

What are they expecting to get for all their efforts, time and so on and so forth? I'm trying to make sense of why Bob still has such a commitment to this case.

(Before anyone asks why don't I ask this question to Bob directly over at the other site, my question is asked to a broader audience than just Bob, I am not registered there and do not intend to register there and Pickle is a member here, so he can answer here).

Penny wrote: What are the court rules? Does meeting the filing deadline mean that it has to be postmarked by that date or does it actually to be received by the court by the deadline?

Rule 25. Filing and Service
(a) Filing.
(1) Filing with the Clerk. A paper required or permitted to be filed in a court of appeals must be filed with the clerk.

(2) Filing: Method and Timeliness.
(A) In general. Filing may be accomplished by mail addressed to the clerk, but filing is not timely unless the clerk receives the papers within the time fixed for filing.

(B) A brief or appendix. A brief or appendix is timely filed, however, if on or before the last day for filing, it is:
(i) mailed to the clerk by First-Class Mail, or other class of mail that is at least as
expeditious, postage prepaid; or (ii) dispatched to a third-party commercial carrier for delivery to the clerk within 3 calendar days.

Penny wrote:
Help me understand. Bob and crew, who have vociferously criticized 3ABN for spending $ on the lawsuit, are filing to continue the lawsuit so that 3ABN will spend more $?

What are they expecting to get for all their efforts, time and so on and so forth? I'm trying to make sense of why Bob still has such a commitment to this case.

Penny wrote: (Before anyone asks why don't I ask this question to Bob directly over at the other site, my question is asked to a broader audience than just Bob, I am not registered there and do not intend to register there and Pickle is a member here, so he can answer here).

02/23/2009 Open Document
BRIEF filed by Appellants Gailon Arthur Joy and Robert Pickle. Length: 62 pages, 13,995 words. Copies: 10. Certificate of service (mailed) dated 02/18/2009. Brief due 03/23/2009 for Appellee Danny Lee Shelton and Appellee Three Angels Broadcasting Network, Inc.. [see quote below] [08-2457]

02/23/2009 JOINT APPENDIX filed by Appellants. Volumes: 3. (Joint Appendix 5 copies; Exhibits Volume 1 and 2, 5 copies each). Certificate of service (mailed) dated 02/18/2009. [08-2457]

02/23/2009 SUPPLEMENTAL APPENDIX (sealed exhibits) filed by Appellants. Volumes: 1. Copies: 5. Certificate of service (mailed) dated 02/18/2009. [08-2457]

United States Court of Appeals
For the First Circuit
No. 08-2457
THREE ANGELS BROADCASTING NETWORK, INC., an Illinois Non-Profit Corporation; DANNY LEE SHELTON, Plaintiffs - Appellees v. GAILON ARTHUR JOY; ROBERT PICKLE, Defendants - Appellants

APPELLEE’S BRIEFING NOTICE Issued: February 23, 2009

Appellee’s brief must be filed by March 23, 2009.
The deadline for filing appellant’s reply brief will run from service of appellee’s brief in accordance with Fed. R. App. P. 31 and 1st Cir. R. 31.0.

Rule 31. Serving and Filing Briefs
(a) Time to Serve and File a Brief.

(1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant’s brief is served...

Parties are advised that extensions of time are not normally allowed without timely motion for good cause shown.

Presently, it appears that this case may be ready for argument or submission at the coming June, 2009 session.

The First Circuit Rulebook, which contains the Federal Rules of Appellate Procedure, First Circuit Local Rules and First Circuit Internal Operating Procedures, is available on the court’s website at http://www.ca1.uscourts.gov. Please note that the court’s website also contains tips on filing briefs, including a checklist of what your brief must contain.

Failure to file a brief in compliance with the federal and local rules will result in the issuance of an order directing the party to file a conforming brief and could result in the appellee not being heard at oral argument. See 1st Cir. R. 3 and 45.

Richard Cushing Donovan , Clerk