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05/29/2009 Open Document Case submitted.
Panel: Michael Boudin, Appellate Judge; Bruce M. Selya, Appellate Judge; Kermit V. Lipez, Appellate Judge.

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

NOTICE

Issued: May 29, 2009

In accordance with Fed. R. App. P. 34, this is to advise you that a panel of three judges, after examination of the briefs and record, unanimously agree that oral argument is not needed in this case.

Consequently, pursuant to Fed. R. App. P. 34(a), this case will be submitted on the briefs without oral argument.

Richard Cushing Donovan, Clerk

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
John Joseph Moakley United States Courthouse 1 Courthouse Way, Suite 2500 Boston, MA 02210
Laura Michalski, Calendar Clerk (617)748-9069

• (1) Party’s Statement. Any party may file, or a court may require by local rule, a statement explaining why oral argument should, or need not, be permitted.
  
  (2) Standards. Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary for any of the following reasons:
  
  • (A) the appeal is frivolous;
  • (B) the dispositive issue or issues have been authoritatively decided; or
  • (C) the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.

Court docket entry:

08/19/2009 Open Document ORDER entered by Michael Boudin, Appellate Judge:
Defendants seek to challenge the district court's voluntary dismissal order. Subsequent to the filing of this appeal, the district court denied defendants' motion for costs as a further condition to the grant of dismissal. Defendants filed a timely motion for reconsideration of the denial of costs, which is currently pending in the district court. We hereby vacate our submission notice dated May 29, 2009, and hold this appeal in abeyance pending the disposition of the motion for reconsideration by the district court. In the event that defendants are dissatisfied with the district court's ruling on their motion for reconsideration, they should file a new timely notice of appeal. Defendants shall file a status report every sixty days and promptly inform this court once the motion for reconsideration has been decided by the district court. Failure to file a status report may lead to dismissal of this appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [08-2457] (MM)

United States Court of Appeals
For the First Circuit

No. 08-2457

THREE ANGELS BROADCASTING NETWORK, INC.,
an Illinois Non-Profit Corporation, Et Al.,
Plaintiffs, Appellees,
v.
GAILON ARTHUR JOY, Et Al.,
Defendants, Appellants.


ORDER OF COURT

Entered: December 4, 2009

Appellants move to enlarge the record in this appeal (Appeal No. 08-2457) to include certain documents. As those documents were submitted to the district court after the filing of the notice of appeal, they are not properly considered as part of the record in this appeal and, accordingly, the motion to enlarge the record on appeal is denied.

We note that, in any event, appellants filed a subsequent notice of appeal from the district court's refusal to accept the proffered documents. This new appeal has been docketed in this court as Three Angels Broadcasting Network, Inc. v. Joy, No. 09-2615, and the documents in question are part of the record on appeal in this subsequent appeal. To the extent that appellants intend to argue that the district court erred in refusing to accept the documents in question, that issue may be raised in Appeal No. 09-2615.

By the Court:
/s/ Margaret Carter, Chief Deputy Clerk.

PACER wrote:01/17/2011 Open Document BRIEF tendered by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc.. Certificate of service dated 01/17/2011. [09-2615] (MGS)

PACER wrote:02/04/2011 Open Document REPLY BRIEF filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 02/03/2011 [09-2615] (BLC)

02/28/2011 Open Document CASE submitted. Panel: Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge; Kermit V. Lipez, Appellate Judge. [08-2457, 09-2615] (LM)

05/10/2011 Open Document JUDGMENT entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and Kermit V. Lipez, Appellate Judge. 08-2457 Affirmed 09-2615 Affirmed [08-2457, 09-2615] (MM)