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Neither the original (or corrected) appellant brief filed by Robert Pickle and Gailon Joy to appeal the dismissal of the lawsuit filed against them for trademark and slander issues is available via Pacer....

(This is the case Mr Pickle and Mr Joy filed with the United States court of Appeals after the lawsuit filed against them was dropped by 3ABN in the Massachusetts court.)

This forum is at present pursuing inquiries with the appeals court to determine how to obtain the documents Mr Pickle and Mr Joy have filed as they are not available to the public via the Pacer system/internet. They have not as yet, although ordered, been received via snail mail either.

News tho---
As of today, 3abn's reply to Pickle and Joy's appeal brief is available to the public via the PACER site and is included here as a pdf file.
Appeal Case Documents


Updates and additional documents for this case will be posted as they become available.


Anyone wanting to comment, or ask questions, regarding this topic are welcome to do so here.

I would certainly expect that Pickle/Joy will post a copy of their brief on their dedicated site shortly. After all, they are huge proponents of transparency and free speech....

I just read 3ABN's response to the appeal. Quite the masterpiece. That has to smart!

After having just read 3ABN's response to the Pickle/Joy appeal one word comes to mind.....WOW!!

Marv Smith wrote:I would certainly expect that Pickle/Joy will post a copy of their brief on their dedicated site shortly. After all, they are huge proponents of transparency and free speech....

I just read 3ABN's response to the appeal. Quite the masterpiece. That has to smart!

Yes. It was brilliant in my view.

I am sorry the documents were not posted or available here in the order they were filed and received by the court.

Here's the story.

Due either to a misunderstanding in my original communication with the clerk's office at the appeals court, or the granting of Pickle and Joys motion to correct their brief which changed things, I never did get a copy of their brief to post here....

When I called back to find out what was going on and why I discovered that I could no longer get their brief separate from the addendums etc and the cost was close to 80 dollars instead of the original less than 10 dollar expense. (As it had not been filed on a disc by them it would not be available on Pacer)
I decided not to order it.

But later the same day while waiting on a callback regarding the above, 3abn's brief was posted on PACER so I uploaded it here.

The next day, I discovered that Pickle has now added their appellent brief to his website. (Those wanting to read it b4 I upload it here, may go to 3abnvjoy.com) He has not yet added 3abn's brief or his most recent motion and the judges ruling.

According to the rules of the court Pickle and Joy would normally have 2 wks to reply to the appellee brief,and then the judges would rule either granting or denying their appeal.

They have however been granted another extension for time to file.

Pacer court docket:

03/27/2009 MOTION filed via fax by Appellant Robert Pickle to extend time to file reply brief. Certificate of service dated 03/27/2009. [08-2457]

03/30/2009 Open Document ORDER granting motion to extend time to file reply brief filed by Appellant Robert Pickle. Reply brief due 04/30/2009 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. [08-2457]

so.. I guess we wait some more.

In the meantime their motion for costs in the lawsuit is still pending in the Massachusetts court. Those documents are in our Pacer forum.

Re: Gailon Joy and Robert Pickle's reply brief due on April 30.

The following was entered on the Pacer court docket today:

05/04/2009 REPLY BRIEF filed by Appellants Gailon Arthur Joy and Robert Pickle. Length: 31 pages, 6,996 words. Copies: 10. Certificate of service (mailed) dated 04/30/2009. [08-2457]

The document itself is not available online, so can not be uploaded to this forum yet, as they apparently again did not choose to file it on a disc, and make it available... Perhaps Pickle will upload it on his website, but it may be awhile as he still hasn't uploaded 3abn's appellee brief there.

I believe the Pickle/Joy reply brief is the last as far as documents to be filed in the appeal case goes, until a judgment is rendered.

The panel of judges has not yet been set. It is my understanding from the US appeal court website that the minutes allowed for oral arguments are set by the court and that this will be scheduled along with the panel at least seven days beforehand. If anyone has news before me please post it here.

Mr Pickle's homepage says:

The main case is now under appeal in the First Circuit Court of Appeals, as of February 2009.

Click on the links to the right to read the court documents

This site is provided as a public service...

I noticed today that Mr Pickle has added 12 new entries and documents from the Lawsuit to his website. All filed or entered in the court docket after 3ABN filed their Appellee brief over 5 weeks ago.

Questions for me are.

1.Why are he and Mr Joy not filing in a way that facilitates their appeal documents being available to others on PACER?

2. Why is Mr Pickle dragging his feet about publishing 3ABN's appellee brief and his and Mr Joy's latest brief, filed in reply to that, on his website?

This is curious behavior to me coming from those who claim to be "reporters", "all have a right to know" and that it is 3ABN, unlike themselves, who tries to hide things and keep them from the public.

3. Is there a problem Mr Pickle?

I don't know what the deal is with Mr Pickle and Mr Joy's not filing their 2 briefs in a way that makes them available on PACER....

Mr Pickle did finally publish them on his website after some delay, the last just days ago, (and has been doing some crowing, and chest thumping on their adventtalk forum along with Mr Joy about it -- apparently convinced they have won...) so I downloaded it from their website and have uploaded it into our Pacer section also. He still skipped over and apparently refuses to publish 3ABN's appellee brief however???

FYI: For those who don't know. All of the briefs have been filed in the appeal, and the case has now been submitted to the court.

A Notice was issued on May 29, 2009 to both parties to advise them that after examination of the briefs, a panel of 3 judges have unanimously agreed that oral argument is not needed in this case, and that pursuant to Fed. R. App. P. 34(a), this case will be submitted on the briefs without oral argument.

You can view that notice and the applicable rule in the PACER section here:
http://www.3atalk.com/viewtopic.php?f=9 ... 5f4e#p1952