Updates and additional documents for this case will be posted as they become available.
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The appellant brief filed by Robert Pickle and Gailon Joy on 02/23/09 although not available on Pacer has now become available to the public via their website.
Pacer court docket entry wrote:
05/04/2009 Open Document 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 reply brief is not available on PACER. The following was downloaded from Mr Pickle's website after he published it there it last week.
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
Rule 34. Oral Argument
(a) In General.
(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.
Update August 8, 2009
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)
10/05/2009 Open Document STATUS Report filed by Appellants Gailon Arthur Joy and Robert Pickle advising Since August 24, 2009 defendants have not received notice of a scheduled hearing and have not received notice of a ruling on pending motions. Certificate of service dated 10/02/2009. Next status report due 12/04/2009 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. [08-2457] (MM)
11/02/2009 Open Document INFORMATIVE Motion/Notice of Ruling on motions in the District Court to reconsider and to amend findings filed by Gailon Arthur Joy and Robert Pickle. Certificate of service dated 10/29/2009. [08-2457] (MM)
11/19/2009 Open Document MOTION filed by Appellants Gailon Arthur Joy and Robert Pickle to enlarge the record and to file under seal. Certificate of service dated 11/17/2009. [08-2457] (MM)
11/19/2009 (*******PROVISIONALLY FILED UNDER SEALED*********) PLEADING Tendered: EXPANDED RECORD filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 11/17/2009. [08-2457] (MM)
{not available via Pacer]
11/19/2009 (*****PROVISIONALLY FILED UNDER SEALED********) AFFIDAVIT in support of pleading tendered/expanded record [5394617-2] filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 11/17/2009. [08-2457] (MM)
{not available via Pacer]
11/27/2009 Open Document OPPOSITION/RESPONSE filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. to Appellants' motion to enlarge the record and to file under seal. Certificate of service dated 11/25/2009. [08-2457] (MM)
12/03/2009 Open Document REPLY filed by Appellants Gailon Arthur Joy and Robert Pickle to response [5396410-2]. Certificate of service dated 12/03/2009.
11/19/2009 Open Document MOTION filed by Appellants Gailon Arthur Joy and Robert Pickle to enlarge the record and to file under seal. Certificate of service dated 11/17/2009. [08-2457] (MM)
11/19/2009 (*******PROVISIONALLY FILED UNDER SEALED*********) PLEADING Tendered: EXPANDED RECORD filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 11/17/2009. [08-2457] (MM)
{not available via Pacer]
11/19/2009 (*****PROVISIONALLY FILED UNDER SEALED********) AFFIDAVIT in support of pleading tendered/expanded record [5394617-2] filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 11/17/2009. [08-2457] (MM)
{not available via Pacer]
11/27/2009 Open Document OPPOSITION/RESPONSE filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. to Appellants' motion to enlarge the record and to file under seal. Certificate of service dated 11/25/2009. [08-2457] (MM)
12/03/2009 Open Document REPLY filed by Appellants Gailon Arthur Joy and Robert Pickle to response [5396410-2]. Certificate of service dated 12/03/2009.
PACER: 12/04/2009 - Open Document - ORDER entered by Bruce M. Selya, Appellate Judge:
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.
This topic is Now closed- a New PACER forum topic will be started for uploading and posting the documents filed in the New Appeal Case.
Case 08dash457 Document 00115483179 Date Filed 03272009 Entry ID 5330311.pdf