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HOLLISTER v SOETORO - Joint Motion - To Substitute Reply Brief (Ecf Error)

HOLLISTER v SOETORO - Joint Motion - To Substitute Reply Brief (Ecf Error)

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Published by: xx444 on Dec 03, 2009
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12/02/2009

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IN THE UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT
GREGORY S. HOLLISTER,et al. )Case Below 08-2254 JRAppellants,))v.)
No 09-5080
) Consolidating No. 09-5161Barry Soetoro, et al., )Appellees.)
MOTION TO SUBSTITUTE REPLY BRIEF
Appellants hereby move the court to substitute the Appellants’ Reply Brief ofSeptember 18, 2009, filed inadvertently in the court’s ECF “Training” sectorrather than in its live data base,in lieu of the Reply Brief filed as anaccompaniment to former counsel Joyce’s “Emergency” Motion of September 22,2009.In advance of Counsel’s first online filing in this court, his assistant went tothe ‘training’ section to determine its various aspects, and differences between thissite and those other courts in which counsel’s assistant has filed electronically.When she went to the site to file the Appellants’ Reply brief on September 18,2009, unbeknownst to her, she was returned to the‘training’ rather than ‘live’sector, andfiled accordingly. She received an acknowledgement of docketingactivity, and obtained a PACER docket sheet; she and the undersigned believed thefiling was completed.
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Case: 09-5080 Document: 1218426 Filed: 12/01/2009 Page: 1
 
It was only recently that counsel discovered that the Reply Brief of September 18, 2009 had not been filed and docketed. In fact, it took a personalvisit to the Clerk’s Office, and an extended period of Clerical time until themisplacement of the Reply Briefwas discovered.The Clerk, in the person of Ms. Lister, suggested we file this motion torequest that the Reply Brief as filed on behalf of the undersigned in the “training”section of its ECF system be transferred to and made a part of the docket andrecord in this case, replacingthe Reply Brief filed on September 22, 2009 byformer counsel Joyce.The Reply Brief, Notice of Docket Activityand PACER Docket Sheetreceived by the undersigned through his assistant on September 18, 2009 areattached tothis motion.Respectfully submitted, /s/ John D. Hemenway D.C. Bar No. 379663Counsel for Appellants4816 Rodman Street, NWWashington DC 20016(202) 628-4819
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Case: 09-5080 Document: 1218426 Filed: 12/01/2009 Page: 2
 
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have caused the foregoing to be servedelectronically upon counsel of record this 1
st
day of December, 2009..__________/s/________________John D. Hemenway
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Case: 09-5080 Document: 1218426 Filed: 12/01/2009 Page: 3

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