Lawsuit update - No appeal brief filed by Pickle or Joy -yet

[Cynthia]

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...

[Marv Smith]

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...

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?

Maybe they changed their mind.

[Cynthia]

This is the complete PACER court docket and history of Robert Pickle and Gailon Joy's appeal case as of 02/20/09 4:12 pm. (U.S. Central Time) The document contents, which are available via PACER, will be included in a follow up post to this one.

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]

[Cynthia]

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?

It certainly looks like they did, but I don't know for sure if they missed it as Pickle keeps hinting about some rule. If they didn't then they certainly waited till the very last moment to file their brief, and yes on Jan 5th they filed a motion asking for more time to file. The original due date was Jan 19th.

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,

Maybe they changed their mind.

Maybe they did.. but if so... Bob Pickle isn't saying that or admitting it.... my discussion with him regarding this on AdventTalk (if it can be called that) is HERE, and HERE also as he started a new thread announcing that the appellant brief had been filed on Wednesday,(which was the due date) about a minute before I did. Since then he seems to be hinting in his other posts that he actually mailed it on Wednesday.

Mailed and filed are 2 different things to most people, and I keep trying but asking for a straight answer or explanation from Pickle always seems to be a futile exercise, so who knows....

Snoopy is backing Bob's claim that it is filed and suggesting that I (and the public) just don't have access to it. I would suggest to her that sometimes it's best not to pipe up, and that the reason that I don't have access to it is because according to the Court they don't have access to it either.

I called them because there was no docket entry for the appellant brief on PACER. (still isn't) and it had been a few days since the deadline. The U.S. first circuit court of appeals clerks office specifically told me twice that they haven't received the brief, after checking and then rechecking. They also confirmed that it would be docketed on PACER if they had.

They also said the last filing they had received from either Pickle or Joy was on Jan 20 which is what the court docket on PACER shows.


(and, btw where is Gailon Joy? He hasn't posted anything online since Dec 31, 2008, I checked because the court docket contains a clerk's note that their mail to him was returned and that there was no forwarding address... but come to think of it, he is not the only one in their little group who has gone silent)

[Cynthia]

I have no idea what Pickle means or which rules he is referring to when he keeps saying: "Read the rules, and you'll understand. It makes total sense."

huh? To me this is rather like asking someone specific questions related to a doctrine, and having them keep answering with the same thing: " read the bible and you'll understand, it makes total sense"

There are a lot of rules concerning filing briefs in an appeal case. For those who are interested the "United States Court of Appeals For the First Circuit
Rulebook" is here: http://www.ca1.uscourts.gov/files/rules/rulebook.pdf

This is what I had previously read in the rulebook, and is all I know about the timing:

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.

Anyway, when and if the brief arrives and I get hold of it, I'll post it here.

Happy Sabbath all.

[Penny]

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).

[Marv Smith]

I suspect there is not that much to understand here. Having the lawsuit go away deprives the boys of their moment in the sun which is not part of their plan. I suspect that neither Joy or Pickle are interested in the ignominy that surely awaits them.

Pickle’s recent demand for a apology for misrepresenting him is precious..

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).

[Cynthia]

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?

I quoted the main rule already in this thread, but there is also another which is an exception to that which Pickle finally posted a reference to last night, It says:

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.

Pickle says he mailed it on the due date, so apparently like the proverbial check the appeal brief is in the mail.

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.

Yes, and not only that, they have filed asking that they be reimbursed by 3abn for defending themselves (from donor money)

I'm sorry I can't help you because I don't understand it myself.. I can't even begin to count how many times Pickle posted and called it the "stupid lawsuit" and Joy called it the "frivolous lawsuit" etc, or how many times Pickle himself or others of his supporters posted asking, and pleading with us or anyone to intervene and ask DS and 3ABN to drop the lawsuit, calling it ungodly unchristian, etc etc etc... as if we had a say so.. But then as soon as they heard that 3abn was asking for the lawsuit to be dismissed they announced they would appeal. -- And I am not exaggerating, they said it immediately at the same status conference, and afterwords sent the notice that they would appeal and then filed their case asap.

( Their motion for costs and their notice of appeal can be read here: http://www.3atalk.com/viewtopic.php?f=9&t=127 )

My personal feeling and observation after dealing with them for years now, is that it is all about self at this point. I will not apologize for that even though it may seem unkind as I have seen heard and experienced much from them in the past couple of years- and none of that has been kind. Pickle and Joy, both seem to have a desperate need to justify themselves and their words and actions and be "right" and an equally desperate need be somebody, imo. They are not willing to give that up. The reporters, the investigators, the pro se "the camp's sin cleansers", or as Joy calls himself "the dragon slayer", courageously fighting for and making their stand for God, demanding repentance, restitution, and dictating their changes, never giving up and never giving in on anything..

And in their minds it is a prophetic fulfillment, they are being attacked, accused and persecuted simply because these are the end times and they are God's servants doing his will. There are many posts in that vein...

Of course the reality is it is they who have arrogantly, unceasingly, unrelentingly and unmercifully attacked, accused, persecuted and humiliated not only DS and 3ABN publicly, but also their families, friends, and any and all ministries, ministers, organizations, conference employees and even posters who stood by 3abn or dared to question or disagree with their tactics, methods and/or claims

And.. except for their own unchristian acts and words there wouldn't have been a lawsuit.

(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).

Understandable, and yes he can post here but I doubt he will. I already did go there and ask him that, but as usual it was a huge waste of time, and I am thinking that was a mistake on my part.

Blessings,
Cindy

[Cynthia]

From Pacer:

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]

Source for those who can access it on PACER:
https://ecf.ca1.uscourts.gov/cmecf/serv ... tEntries=Y

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

..ian

[Donna]

Ian, thank you for keeping us abreast and updated. I was one, and probably among many, that was wondering about the filing. It is too bad when one asks about things they cannot receive a straight forward answer but met instead with with "Ring around the rosy", "Here we go round the Mulberry bush" and etc. childhood games.