|
|
|
|
|
|
COURT NOTICES |
|
|
 11/22/2013
-
CM/ECF Filing User Issues - Filing users experiencing any technical issue with filing documents in CM/ECF are asked to contact
the Court by phone at 212-857-8654 or 212-857-8630 or by email at ecfhelpdesk@ca2.uscourts.gov.
When contacting the Court, please provide specific information about the technical issue and include a screenshot showing the issue, if possible.
|
|
|
|
11/12/2013
-
Public Announcement - Request for Recall Reappointment - Bankruptcy Judge Burton R. Lifland - Southern District of New York.
For announcement, please click here.
|
|
|
|
11/12/2013
-
Public Announcement - Request for Recall Reappointment - Magistrate Judge Leslie G. Foschio - Western District of New York.
For announcement, please click here.
|
|
|
|
11/5/2013
-
Notice of Fee Changes - Effective December 1, 2013, the fee changes listed below will take effect pursuant to amendments to the Court of
Appeals Miscellaneous Fee Schedule, issued pursuant to 28 U.S.C. § 1913.
|
| Fee Type |
Old Fee |
New Fee |
Notice of Appeal
(payable to district court) |
$455 |
$505 |
| Writ of
Mandamus |
$450 |
$500 |
| Petition
for Review |
$450 |
$500 |
Record Retrieval
(from Federal Records Center) |
$53 |
$64 (first box)
$39 (each add'l box) |
|
|
The Fee Schedule listed on the Court’s website will
be updated December 1, 2013, to reflect the changes.
|
|
|
10/30/2013
-
Public Announcement - Request for Reappointment - Bankruptcy Judge Robert E. Gerber - Southern District of New York.
For announcement, please click here.
|
|
|
|
10/29/2013
-
The Court will be closed on Friday, November 29, 2013.
Please click here for Court Order.
|
|
|
10/17/2013
-
On October 17, 2013, the President of the United States signed into law the Continuing Appropriations Act of 2014. Pursuant to Chief Judge Robert A. Katzmann's September 30, 2013 order tolling filing requirements during the appropriations
lapse in cases in which a party is represented by a lawyer employed by the federal government, the time to file resumes running
at 12:01 a.m. on Tuesday, October 22, 2013.
|
|
|
10/11/2013
-
Payment of State and Local Taxes on Vouchers Claiming Compensation for Appellate Printing Services - In a letter dated September 3, 2013,
the New York State Department of Taxation and Finance granted the United States Court of Appeals for the Second Circuit an exemption from the payment
of New York State and local sales tax under N.Y.S. Tax Law § 1116(a)(2), when paying appellate printers for the costs associated with the production
of an appellate brief.
To take advantage of this exemption, appellate printers must bill the Court of Appeals directly by voucher making no claim for New York State or local sales taxes.
A copy of the letter from the New York State Department of Taxation and Finance can be found by
clicking here.
All panel member are strongly encouraged to make their appellate printers aware of this exempt status when preparing their next appellate brief.
After October 15, 2013, the Court of Appeals will not compensate appellate printers for New York State and local sales taxes.
Please contact Jerry Tritz at 212-857-8726 if you require further assistance.
|
|
|
|
9/30/2013
-
September 30, 2013 - Notice to the Bar - In the event that an appropriation or continuing resolution funding the operations of the federal government,
including the United States Courts, is not enacted by midnight September 30, 2013, the United States Court of Appeals for the Second Circuit
will continue to resolve cases and controversies as mandated by the Constitution.
Specifically, the Court will docket new cases, receive documents for filing, determine motions,
hear cases on submission and by argument, and decide cases for the duration of the appropriations lapse.
Cases scheduled to be heard during this period will go forward unless the panel for a case directs otherwise.
Chief Judge Katzmann has issued an order directing that in cases in which a party is represented by a lawyer
employed by the federal government, the filing requirements specified in the Federal Rules of Appellate Procedure and this
Court’s Local Rules will be tolled for the duration of the lapse. The time to file will resume two business days after the
President signs into law a budget appropriation or continuing resolution. For example, if there is a lapse at midnight on September 30, 2013
and at that time ten days have run on the party’s time to file, and if a budget is enacted on Saturday, October 5, 2013, the time to file will
resume running at 12:01 a.m. on October 9, 2013 as the eleventh day in the filing period. Click here for Chief Judge Katzmann's order regarding filing deadlines.
In cases subject to the order, the obligation of other parties to comply with the filing requirements of the Federal Rules of Appellate Procedure and
this Court’s Local Rules remains in effect. Pursuant to the order, the Court retains discretion to issue specific directions as may be necessary in particular cases.
|
|
|
9/6/2013
-
Public Announcement - Request for Reappointment - Bankruptcy Judge Colleen Brown - District of Vermont.
For announcement, please click here.
|
|
9/6/2013
-
Public Announcement - Request for Reappointment - Bankruptcy Judge Cecelia Morris - Southern District of New York.
For announcement, please click here.
|
|
5/10/2013
-
May 10, 2013 - Opinion Related to Requests for an Extension of Time to File a Brief - Today the United States Court of
Appeals for the Second Circuit issued an opinion entitled RLI Insurance Co. v. JDJ Marine, Inc., in which the Court declined to
reinstate an appeal after a dismissal based on a party's failure to file a timely brief. View the opinion.
All litigants are reminded that the Court does not grant a motion to extend the time to file a brief absent an extraordinary circumstance, such as
serious personal illness or death in counsel's immediate family. See Second Circuit Local Rule (LR) 27.1(f).
As underscored in the opinion, "the press of other business is not an 'extraordinary circumstance' justifying an extension under
[the Court's] rules." In the event an extraordinary circumstance justifying an extension of time to file a brief does exist,
a party must file the request to extend the filing time as soon as practicable after the extraordinary circumstance arises.
See LR 27.1(f)(3).
|
|
10/16/2012
-
Opinion and Notice Related to all Immigration Petitions for Review Pending in the Second Circuit -
Today the United States Court of Appeals for the Second Circuit issued an opinion entitled In the Matter of Immigration Petitions
for Review Pending in the United States Court of Appeals for the Second Circuit. View the opinion.
The opinion describes a procedure that the Court will implement in pending immigration cases to enable any Petitioner and the
Government to determine whether remand to the Board of Immigration Appeals is warranted.
This notice explains how the Clerk’s Office will implement the procedure.
On October 23, 2012, the Court will begin to issue, on a rolling basis, in all immigration cases in which a certified record on
appeal has been filed, an order tolling the proceedings for a period of 90 days. At any time during the tolling period, a
petitioner may move under FRAP 42(b) to dismiss the petition and remand the case to the Board of Immigration Appeals.
The Court’s remand order will include provisions for prompt restoration of the case to the Court’s jurisdiction according to
terms set out in the Court’s opinion.
Or during the 90-day tolling period, any party may end the tolling period by filing a letter to that effect with service upon the
adversary. Three business days after the Clerk of Court receives such a letter, the time for the next scheduled filing or event
will begin to run.
If, by the close of business on the last day of the 90-day tolling period (or the next business day thereafter if the last day
occurs on a weekend or holiday), neither party has requested that the tolling period end, the time for the next required filing
in the case will begin to run immediately.
For example, if in a case the tolling order issues on November 6, 2012, and in the absence of the tolling period, the petitioner’s
brief would have been due 15 days later on November 21, 2012, and if the 90-day tolling period ends on February 4, 2013, the
petitioner’s brief is due 15 days later on February 19, 2013.
Any motion for an extension of time to file will be disfavored and subject to the extraordinary circumstances standard of
Local Rule 27.1(f)(1).
If a tolling order has not issued before the deadline for a party to file a required document, such as a brief or a
scheduling notification, the party obligated to act must file as previously required. The Court will not grant a motion to
extend the time to file because the party expects a tolling order to issue.
The Court will notify the parties whenever a tolling order is entered and whenever a tolling period has ended.
If a case was submitted to a panel for decision at least 90 days prior to today, the panel may issue a decision at any time.
Other cases submitted to a panel will not be decided until the end of the tolling period unless a party requests a decision.
Cases that are awaiting placement on a calendar will not be scheduled for hearing or submission during the tolling period
unless a party requests such placement.
|
|
|
|
|
|
|
This site is best viewed at 1024x768 or higher screen
resolution |
| | | | |
|
|
|
