ML20161A138
| ML20161A138 | |
| Person / Time | |
|---|---|
| Issue date: | 06/09/2020 |
| From: | Andrew Averbach NRC/OGC |
| To: | US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1846265, 19-1198, NRC-50-293-LT, NRC-72-1044-LT, NRC-84FR45178 | |
| Download: ML20161A138 (3) | |
Text
USCA Case #19-1198 Document #1846265 Filed: 06/09/2020 Page 1 of 2 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 19-1198 September Term, 2019 NRC-50-293-LT NRC-72-1044-LT NRC-84FR45178 Filed On: June 9, 2020 [1846265]
Commonwealth of Massachusetts, Petitioner v.
U.S. Nuclear Regulatory Commission and United States of America, Respondents Holtec Decommissioning International, LLC, et al.,
Intervenors Consolidated with 20-1019 ORDER It is ORDERED, on the court's own motion, that the following briefing schedule will apply in these cases:
Petitioner's Brief July 20, 2020 Respondents' Brief August 19, 2020 Intervenor for Respondents' Brief August 26, 2020 Petitioner's Reply Brief September 16, 2020 Deferred Appendix September 23, 2020 Final Briefs October 7, 2020 All issues and arguments must be raised by petitioner in the opening brief. The court ordinarily will not consider issues and arguments raised for the first time in the (Page 1 of Total)
USCA Case #19-1198 Document #1846265 Filed: 06/09/2020 Page 2 of 2 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 19-1198 September Term, 2019 reply brief.
The court reminds the parties that In cases involving direct review in this court of administrative actions, the brief of the appellant or petitioner must set forth the basis for the claim of standing. . . .
When the appellant's or petitioner's standing is not apparent from the administrative record, the brief must include arguments and evidence establishing the claim of standing.
See D.C. Cir. Rule 28(a)(7).
To enhance the clarity of their briefs, the parties are cautioned to limit the use of abbreviations, including acronyms. While acronyms may be used for entities and statutes with widely recognized initials, briefs should not contain acronyms that are not widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 42 (2019); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).
Parties are strongly encouraged to hand deliver the paper copies of their briefs to the Clerk's office on the date due, if feasible. See Standing Order - In re: Paper Copies of Electronic Filings in Light of the COVID-19 Pandemic (D.C. Cir. April 1, 2020). Filing by mail could delay the processing of the brief. Additionally, parties are reminded that if filing by mail, they must use a class of mail that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover, or state that the case is being submitted without oral argument. See D.C. Cir. Rule 28(a)(8).
FOR THE COURT:
Mark J. Langer, Clerk BY: /s/
Michael C. McGrail Deputy Clerk Page 2 (Page 2 of Total)
USCA Case #19-1198 Document #1846265 Filed: 06/09/2020 Page 1 of 1 United States Court of Appeals District of Columbia Circuit Washington, D.C. 20001-2866 Mark J. Langer Clerk (202) 216-7300 NOTICE TO COUNSEL:
SCHEDULING ORAL ARGUMENT The court has entered an order setting a briefing schedule in a case in which you are counsel of record. Once a briefing order has been entered, the case may be set for oral argument.
You will be notified by separate order of the date and time of oral argument.
Once a case has been calendared, the Clerks Office cannot change the argument date, and ordinarily the court will not reschedule it. Any request to reschedule must be made by motion, which will be presented to a panel of the court for disposition. The court disfavors motions to postpone oral argument and will grant such a motion only upon a showing of "extraordinary cause." See D.C. Cir. Rule 34(g).
If you are the arguing counsel, and you will be unavailable to appear for oral argument on a date in the future, so advise the Clerks Office by letter, filed electronically. The notification should be filed as soon as possible and updated if a potential scheduling conflict arises later, or if there is any change in availability.
To the extent possible, the Clerks Office will endeavor to schedule oral argument to avoid conflicts that have been brought to the courts attention in advance. See D.C. Circuit Handbook of Practice and Internal Procedures at IX.A.1, XI.A.
Counsel must notify the court when serious settlement negotiations are underway, when settlement of the case becomes likely, and when settlement is reached. Such notice allows for more efficient allocation of judicial resources.
Additionally, counsel should promptly notify the court if settlement negotiations are terminated. Notice must be given in an appropriate motion or by letter to the Clerk at the earliest possible moment. See, e.g., D.C. Circuit Handbook of Practice and Internal Procedures at X.D., XI.A.
Rev. March 2017 (Page 3 of Total)