United States of America v. Burke
| UNITED STATES OF AMERICA |
| MICHAEL JAMES BURKE |
| 23-482 |
| March 23, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 28 NOTICE: This case is being considered for an upcoming oral argument calendar in Seattle. Please review the Seattle sitting dates for March 2024 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [23-482] [Entered: 11/07/2023 10:22 AM] |
| Filing 27 Paper copies (6) of Reply Brief submitted at DE 22 by Appellant Michael James Burke received. [Entered: 10/27/2023 02:22 PM] |
| Filing 26 TERMINATED participation of Counsel for Appellant Karolina Grygierowska Tierney representing Appellant Michael James Burke. [Entered: 10/25/2023 11:38 AM] |
Filing 25
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The motion (Docket Entry No. 24) of appellants appointed counsel Karolina G. Tierney to withdraw as co-counsel of record is granted. Elizabeth T. Musick will remain appellants counsel of record. Briefing is completed. The Clerk will serve this order on former counsel Tierney and appellant individually. [Entered: 10/25/2023 11:34 AM]
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| Filing 24 MOTION to Withdraw as Counsel filed by Karolina Grygierowska Tierney for Appellant Michael James Burke. [Entered: 10/16/2023 03:27 PM] |
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Filing 23
ORDER FILED. Reply Brief submitted at DE 22 by Appellant Michael James Burke is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 10/11/2023 02:37 PM]
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| Filing 22 REPLY BRIEF submitted for filing by Appellant Michael James Burke. [Entered: 10/11/2023 01:26 PM] |
| Filing 21 RESPONSE to notice of case being considered for oral argument filed by Karolina Grygierowska Tierney. [Entered: 10/09/2023 08:20 AM] |
| Filing 20 RESPONSE to notice of case being considered for oral argument filed by Elizabeth Tipton Musick. [Entered: 10/05/2023 02:42 PM] |
| Filing 19 NOTICE: This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for February 2024 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [23-482] [Entered: 10/05/2023 01:21 PM] |
| Filing 18 Paper copies (6) of Answering Brief submitted at DE 14 by Appellee United States of America received. [Entered: 09/26/2023 02:46 PM] |
| Filing 17 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 15 by Appellee United States of America received. [Entered: 09/26/2023 02:44 PM] |
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Filing 16
ORDER FILED. Answering Brief submitted at DE 14 by Appellee United States of America is filed. Within 7 days of this order, Appellee must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 15 by Appellee United States of America are filed. Within 7 days of this order, Appellee must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 09/21/2023 01:51 PM]
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| Filing 15 EXCERPTS OF RECORD submitted for filing by Appellee United States of America. [Entered: 09/20/2023 02:41 PM] |
| Filing 14 ANSWERING BRIEF submitted for filing by Appellee United States of America. [Entered: 09/20/2023 02:32 PM] |
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Filing 13
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 12) granted. Amended briefing schedule: Answering Brief Due 9/20/2023. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 08/15/2023 01:51 PM]
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| Filing 12 Streamlined Request for Extension of Time to File Answering Brief for 30 days filed by Appellee United States of America. [Entered: 08/15/2023 01:36 PM] |
| Filing 11 Paper copies (6) of Opening Brief submitted at DE 5 by Appellant Michael James Burke received. [Entered: 07/28/2023 12:03 PM] |
| Filing 10 Paper copies (3) of Excerpts of Record in 3 Volumes and Index Volume submitted at DE 6 and DE 8 by Appellant Michael James Burke received. Volume 3 is filed UNDER SEAL. [Entered: 07/28/2023 11:57 AM] |
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Filing 9
ORDER FILED. Opening Brief submitted at DE 5 by Appellant Michael James Burke is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 6, DE 8 by Appellant Michael James Burke are filed. Volume 3 is filed UNDER SEAL. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 07/20/2023 02:55 PM]
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| Filing 8 EXCERPTS OF RECORD Volume 3 UNDER SEAL submitted for filing by Appellant Michael James Burke. (Court entered filing of excerpts originally submitted at DE 7) [Entered: 07/20/2023 02:42 PM] |
| Filing 7 NOTICE of filing document under seal and sealed document filed by Appellant Michael James Burke.--[COURT UPDATE: Attached separated PDFs] [Entered: 07/20/2023 12:04 PM] [Edited: 07/20/2023 02:13 PM] |
| Filing 6 EXCERPTS OF RECORD submitted for filing by Appellant Michael James Burke. [Entered: 07/20/2023 11:58 AM] |
| Filing 5 OPENING BRIEF submitted for filing by Appellant Michael James Burke. [Entered: 07/20/2023 11:54 AM] [Edited: 07/20/2023 02:10 PM] |
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Filing 4
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 3) granted. Amended briefing schedule: Opening Brief Due 7/21/2023, Answering Brief Due 8/21/2023. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 05/31/2023 01:08 PM]
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| Filing 3 STREAMLINED request for extension of time to file opening brief for 30 days filed by Appellant Michael James Burke. [Entered: 05/31/2023 10:24 AM] |
| Filing 2 SCHEDULE NOTICE. Sentence imposed: 225 Months. Appeal Transcript Order Due 4/12/2023, Appeal Transcript Due 5/12/2023, Appeal Opening Brief Due 6/21/2023, Appeal Answering Brief Due 7/21/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner to comply with this briefing schedule may result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [Entered: 03/23/2023 02:52 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-482 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 03/23/2023 02:48 PM] |
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