March 20, 2016

https://cryptome.org/2016/03/usg-lavabit-pen-register-unsealed-appeal.pdf

https://cryptome.org/2016/03/usg-lavabit-pen-register-unsealed-appeal.pdf
Only the first 2-3 pages of this are needed. The rest is redundant.

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
________________________________
BRIEFING ORDER - CRIMINAL/GRAND JURY
_________________________________
No. 16-4052 (L), In re: Information Associated
1:13-sw-00522-CMH-1
Briefing shall proceed on the following schedule:
Appendix due: 03/28/2016
Opening brief due: 03/28/2016
Response brief due: 04/21/2016
Reply brief permitted within 10 days of service of response brief.
Effective October 1, 2015, the court requires only one paper copy of briefs and
appendices unless the case is to be argued, in which event four paper copies are
required. (Local Rules 30(b)(4) & 31(d)). The notice tentatively assigning a case
for argument requires counsel to file three additional paper copies of their
previously filed briefs and appendices.
The briefs and appendix must conform to the Fourth Circuit Brief & Appendix
Requirements (available as a link from this order and at www.ca4.uscourts.gov).
All parties to a side must join in a single brief, even in consolidated cases, unless
the court has granted a motion for leave to file separate briefs pursuant to Local
Rules 28(a) and 28(d).
Failure to file an opening brief within the scheduled time may lead to imposition of
sanctions against court-appointed counsel or dismissal of the case pursuant to
Local Rule 45 for failure to prosecute; failure to file a response brief will result in
loss of the right to be heard at oral argument. The court discourages motions for
extension of time and grants extensions of the briefing schedule only in
extraordinary circumstances upon a showing of good cause. Local Rule 31(c). If a
brief is filed after its due date, the time for filing subsequent briefs will be
extended by the number of days the brief was late.
Pursuant to Local Rule 34(a), the court may, on its own initiative and without prior
notice, screen an appeal for decision on the parties’ briefs without oral argument. If
a case is selected for the oral argument calendar, counsel will receive notice that
the case has been tentatively calendared for a specific court session approximately
two months in advance of the session.
In re: INFORMATION ASSOCIATED with [redacted] ––––––––––––––– UNITED STATES OF AMERICA Plaintiff - Appellee v. LAVABIT LLC; LADAR LEVISON
Movants - Appellants
___________________________________________ DOCKETING NOTICE–CRIMINAL CASE ___________________________________________
TO: Counsel
ATTACHMENT(S): Memorandum on Sealed and Confidential Information
DUE DATE: 14 days from this notice

• This case has been placed on the court’s docket under the above-referenced number, which should be used on all documents filed in this case.
• Counsel should review the above caption and promptly bring any necessary corrections to the case manager’s attention.
• In consolidated cases, filings should be made using all case numbers to which the filing applies, beginning with the lead case number.
• Electronic filing is mandatory for counsel in all Fourth Circuit cases. Information on obtaining an electronic filing account is available on the court’s
Internet site.
• In cases in which more than one attorney represents a party, future notices will be sent only to attorneys who have entered an appearance as counsel
of record; other attorneys will be removed from the case.
• Counsel must remove from documents filed with this court any social security numbers, juvenile names, dates of birth, financial account numbers, home
addresses in criminal cases, and protected information regarding unexecuted summonses, jurors, presentence investigations, statements of reasons in criminal
judgments, and substantial assistance agreements. Any sealed material must be filed in accordance with the enclosed Memorandum on Sealed and Confidential
Material. The court does not seal its docket; therefore, counsel must use sealed entries for all sealed filings.
• Initial forms must be filed as directed in the following table of forms. The forms, available through the links below or on the court’s Internet site,
can be completed online and saved for filing in electronic form.

OK, I think we got the point. The rest of it is a repeat of the 2013 motions/orders, along with a list of the various forms that need to be filled out for the appeal. I’m wondering if it’s common for this to happen, for a circuit to rehear cases, (this didn’t say en banc” anywhere, and the deadline for that has passed. The first thing I noticed when I opened this document were the 2016 dates. Looking at it again, it’s definitely about the grand jury subpoena. It also mentions one of the search warrants.


Lavabit legal


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