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: 10/20/2009 10/20/2009

Date NOA Filed: 10/27/2009


ORDER (SLOVITER, BARRY and HARDIMAN, Circuit Judges) denying Motion by Appellants for Leave to File Supplemental Appendix, filed. Dolores K. Sloviter, Authoring Judge. (EAF) Submit Notification for Tuesday, 06/29/2010. (TLW) SUBMITTED on Tuesday, June 29, 2010. Panel: SLOVITER, BARRY and HARDIMAN, Circuit Judges (TLW) PRECEDENTIAL OPINION Coram: SLOVITER, Authoring Judge, BARRY and HARDIMAN, Circuit Judges. Total Pages: 9.--[Edited 07/02/2010 by CRG] (TMK) JUDGMENT Affirmed. Costs taxed against Appellants. (TMK) 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)

06/15/2010 06/29/2010 07/02/2010

07/02/2010 07/02/2010


CLERK'S OFFICE QUALITY CONTROL MESSAGE: Precedential Opinion ERROR: Opinion filed as a Not Precedential CORRECTION: Corrected Docket and document was filed as a Precedential Opinion THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (TMK) 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) 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) MANDATE ISSUED, filed. (TH)




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