ML042010103
| ML042010103 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 03/24/2004 |
| From: | Bass S US Federal Judiciary, Court of Appeals, 2nd Circuit |
| To: | Office of Nuclear Reactor Regulation |
| Geraldine Fehst | |
| References | |
| 04-0109, 04-0109-ag, 50-336-LA-2 | |
| Download: ML042010103 (4) | |
Text
UNITED STATES COURT C .PPEALS FOR TIHE SECOND CIRCUIT DC#: 503?r tPY-j..
TiHURGOOD MARSHALL UNITED STATES COURTHOUSE DC Judge: -
ILED NAe44_C1 (0q 44ov-\0 1 MAR 24,2004 v.
\CN \i~' N
\)& IluAertfdan 4t CIVIL APPEAL SCHEDULING ORDER # 1 Address inquiries to:
(212) 857- t55j A pre-argument conference has been scheduled.Acc6rdingly, the fdll6*ing-scheduling order is hereby entered.
IT IS HEREBY ORDERED that the index to the record on ap eal, a certified copy of the docket entries, and the clerk's certificate shall be filed on or before __ _m '?,, a_
The documents constituting the record on appeal shall not be transmitted until requested by this Court, but will be required within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of such request.
IT IS F THER ORDERED that the appellant's brief and the joint appendix shall be filed on orbefore ________
IT IS FURTHER ORDERED that the brief of the appellee shall be filed on or before IT IS FURTHER ORDERED that the ten (10) copies of each brief shall be filed with the Clerk.
IT IS FURTHER ORDERED that the argument of the appeal shall be heard no earlier than the week of \UiN)lq Il W ) . All counsel should immediately advise the Clerk
'by letter of the dateskhereafter thaithey are unavailable for oral argument. The time and place of oral argument shall be separately noticed by the Clerk to counsel.
IT IS FURTHER ORDERED that in the event of default by the appellant in filing the record on appeal or the appellant's brief and joint appendix, at the times directed, or upon default of the appellant regarding any other provision of this order, the appeal may be dismissed forthwith without further notice.
IT IS FURTHER ORDERED that if the appellee fails to file a brief within the time directed by this order, such appellee shall be subject to such sanctions as the court may deem appropriate.
Roseann B. MacKechnie, Clerk by Date: __ __
Stanley Bass Staff Counse
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Roseann B. MacKechnie Stanley A. Bass Clerk Staff Counsel.
(212) 857-8760 M(tAR COUR . # V I g IL*)cl,
.. \) , c.Ae .
TELEPHONIC PRE-ARGUMENT CONFERENCE NOTICE AND ORDER For the convenience of out-of-town counw1, a telephonic PRE-ARGUMENT CONFERENCE has been scheduled for I a)1. H ) at ? -
The conference should be initiated by appellant's counsel, who shoi d' first have all appellees' counsel on the line, and then call Staff Counsel at this conference line number: (212) 857-8761 To effectuate the purposes of the Conference, the attorneys in 'charge of the appeal or proceeding are required to attend and must:
(1) have full authority to settle or otherwise dispose of the appeal or proceeding; (2) be fully prepried to discuss and evaluate seriously the legal merit of each issue on appeal or review; (3) be prepared to narrow, eliminate, or clarify issues odn appeal when appropriate.
Any other matters which the' Staff Counsel determines may aid in the handling or the disposition of the proceedings may be discussed. Counsel may raise any other pertinent matter
__ they wish at the Conference.
- 'To insure that all parties have received notice of the'scheduled pre-argument conference, counsel should confirm with each other the time and place of the conference at least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> prior to thWe conference.' ;
- Counsel are requested to call (212) 857-8760, upon receipt of this notice, in order to confirm.
Date: BY:
Stanley A. ass Staff Cou3s I
I _ .-
- IUlTED STATES COURT OFArrEALs FOR-TIHE SECOND CIRCUIT CJIY -APPIEALS MANAGEMENT PLAN,
--rr-Arpnment Conference Guidelines, . .
Prc-argument conferences are conducted by Staff Counsel in counseled civil appeals under Federal Ruks of App-llate Procedure33 and Rulc 5 of the CivilAppeals Management Plan (CAW),
Rules of the Second Circuit, Appendix, Part C.; All fully counseled cinl appeals except prisoner and habea scorpus cases arc included in the CAMP program. Parlicipation in pre-argument conferences is inandatoiy.
.. .us cast a .progr...n...... .
- 1. -rRPOSE ---- --- - - - -;
ITe purpose of mediation is to explore the possibilitics for scttlement of the disotq, to prevint unnecessary motions or delay by attempting to. resol Ye any procedural problems in the appeal, and to identify, clarify and simplify the issues submitted for review.
In an effort to cnable the parties to rcsolvc issues, Stafl Counscl, who arc fulliime cnwloyme of thc SCcond Circuit with extensiv cXpRriCelC in appellate mediation, arc ordinarily cpocted to giYe them the boenefit of thcir views of the merits or other aspects of the appeal.
H. AITTIIORITY AND ATFENDANaCE nTh success of the conference depends on atomcys treating it as a seious and ective ah proc.dire which can not only sayc time and expcnsc for die partics, but also provide an outcome better suiited to their neds. All sides sh1d be thoroughly prepared to discuss in depth the legal, factual and procedural issues. Pnor to the conferenci, attorncys should discuss thc matter with their clients and ascertain their goals in resolving the litigation. nhey should be prepared to negotiatc in good faith and express their views on the merits of their c as well as thir clicnt's interests. Attoeys who attend the mediation should bc those who have the broadest authorityr from an'd the grealest inflene with the client. Attorneys should obtain adae authorit from their clients 'oilac suchi vomnmiteents as may reasonablybe anticipatcd.
- m. _ CLENT-PARICVrATWON -
Counsel should have their clients available by'tecphone at the time of the mediation. the court strongly encourages late parties to participate at ev'r stage of the iediation pross. Ordinarily, attorneys are expected to attend the conference without their clients.ilowivcr, with thle permission of StaffCounsel, or when appropriate, required by Staff Counsel, clients may attend wsrith their attorneys.
IY. CONFERENCE LOCATION';.
Conferences are in person at the ofices of StaffCounsel at 49 Foley Square. New York, NY.
llow'c'icr, whrer considerable distances or other significant rcasons 'warrant, Staff Counsel Will, in tlhir discretion, arrange to conduct the confer-nce over the telcphone or by video if available.
I I
V. GOOD FAITH PARTICIPATION The parties are obligated to participate in the mediation process in good faith with a view to resol'ing differences as to the meiits and other issues in the case. Tbis process required each attorney, regardless of how strong his or her views are, to exercise a degree of objectivity, patienc, cooperation and self-control that will permit the attorney to negotiate based upon reason. The conference provides a neutral forum for appraisal of the case and examination of means to expedite the matter. Staff Counsel may offer their own views and are entitled to the attorneys' respect and careful consideration of those views. They are, of course, the individual views of the mediator and are not those of the Court. No attorney or party is obligated to agree with the mediator or under any compulsion to reach an agreement to which they believe in good conscience they cannot agree to.
Mediation is not productive when counsel are not adequately prepared, present extreme positions, maintain fixed positions, and engage in hard, bottom-line bargaining- Counsel should be realistic in approaching the mediation Mediation is most productive when counsel are conversant with the law and the facts in an appeal and are filly aware of their client's interests, goals and needs.
Moreover, they should strive to understand, but not necessarily agree with, the views of opposing counsel on the law and facts and the goals, interests and needs of their clients.
VI. MANDATORY PARTICIPATION Although the mediation sessions are relatively informal, they are official proceedings of the Court Sanctions may be imposed against any party who fails to appear for the mediation or otherwise participate fully.
VII. CONFIDENTIALITY All matters discussed at a pre-argument confidence, including the views of Staff Counsel as to the merits, are completely confidential and are not communicated to any member of the Court. Nothing said by any participant to the session is to be disclosed to the judges of the court or judges of any other court that might address the appeal's merits. The mediator's notes do not become part of the Court's file nor anything submitted by the attorneys or parties to staff counsel pertaining to the merits. Any ox parte communications are also confidential except to the extend disclosure is authorized. The Cairt strictly enforces this rule. Likewise, partes are also prohibited friom advising members of the Court or any unauthorized third parties of discussions or actions taken at the conference (Calka v. KuckerKraus&
Bruh, 167 F.3d 144/145 (2d Cir. 1999). Thus, the Court never knows what transpired at the conference.
VIL GRIEVANCES Any grievances regarding the handling of any case in the C-A.M.P. program should be addressed to the Director and Senior Staff Attorney, Elizabeth Cronin, Roomn 612.
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