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Downloaded from PACER: 23 August 2010

General Docket
Third Circuit Court of Appeals
Court of Appeals Docket #: 09-4209 Docketed: 11/09/2009
Nature of Suit: 2890 Other Statutory Actions Termed: 07/02/2010
Charles Kerchner, Jr., et al v. Barack Obama, et al
Appeal From: U.S. District Court for the District of New Jersey
Fee Status: Paid
Case Type Information:
1) civil
2) United States as party
3) civil rights

Originating Court Information:

District: 0312-1 : 1-09-cv-00253
Trial Judge: Jerome B Simandle, U.S. District Judge
Date Filed: 01/20/2009
Date Order/Judgment: Date Order/Judgment EOD: Date NOA Filed:
10/20/2009 10/20/2009 10/27/2009

05/26/2010 ORDER (SLOVITER, BARRY and HARDIMAN, Circuit Judges)

denying Motion by Appellants for Leave to File Supplemental
Appendix, filed. Dolores K. Sloviter, Authoring Judge. (EAF)
06/15/2010 Submit Notification for Tuesday, 06/29/2010. (TLW)
06/29/2010 SUBMITTED on Tuesday, June 29, 2010. Panel: SLOVITER,
BARRY and HARDIMAN, Circuit Judges (TLW)
07/02/2010 PRECEDENTIAL OPINION Coram: SLOVITER, Authoring Judge,
BARRY and HARDIMAN, Circuit Judges. Total Pages: 9.--[Edited
07/02/2010 by CRG] (TMK)
07/02/2010 JUDGMENT Affirmed. Costs taxed against Appellants. (TMK)
07/02/2010 ORDER (SLOVITER, Authoring Judge, BARRY and HARDIMAN,
Circuit Judges) Appellant's counsel shall show cause in writing within
fourteen days of the date of this Order why he should not be subject to
an order pursuant to FRAP 38 setting just damages and costs for
pursuing a frivolous appeal, filed. (TMK)
Opinion ERROR: Opinion filed as a Not Precedential CORRECTION:
Corrected Docket and document was filed as a Precedential Opinion
07/19/2010 ECF FILER: Response filed by Appellants Charles F. Kerchner, Jr.,
Darrell James Lenormand, Donald H. Nelsen, Jr. and Lowell T.
Patterson to court order no relief list. Certificate of Service dated
07/19/2010. (MA)
07/22/2010 ORDER (SLOVITER, BARRY and HARDIMAN, Circuit Judges) On
July 2, 2010, this Court filed an Order to Show Cause directing
Apepllant's counsel to show cause in writing why he should not be
subject to an Order pursuant to F.R.A.P. 38 for pursuing a frivolous
appeal. In response, Mario Apuzzo filed a 95-page statement that
contains, inter alia, numerous statements directed to the merits of this
Coourt's opinion, which the Court finds unpersuasive. His request that
the Court reconsider its opinion us denied, as the appropriate procedure
for that issue is through a Petition for Rehearing. However, based on
Mr. Apuzzo's explanation of his efforts to research the applicable law
on standing, we hereby discharge the Order to Show Cause, filed.
Sloviter, Authoring Judge. (PDB)
08/23/2010 MANDATE ISSUED, filed. (TH)

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