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Author Topic: Appellant brief filed  (Read 27639 times)

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Bob Pickle

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Appellant brief filed
« on: February 20, 2009, 10:48:56 AM »

It was a lot of work, but we got it done and filed on Wednesday.

Sabbath will be such a blessed rest.
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Snoopy

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Re: Appellant brief filed
« Reply #1 on: February 20, 2009, 11:37:05 AM »

Good for you, Bob!!  It is quite an interesting read!!

I am quite certain you will enjoy the Sabbath hours!
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Cindy

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Re: Appellant brief filed
« Reply #2 on: February 20, 2009, 02:59:59 PM »

It was a lot of work, but we got it done and filed on Wednesday.

Sabbath will be such a blessed rest.

Can you PLEASE quote it for the rest of us as you shared it with Snoopy and she claims it is so interesting? and the docket entry also, Bob? Surely you want all to be able to read your case? (or is there some reason it is not open and available to all as you claim to prefer?)

I'm asking because as you know from our previous conversation today  there is no docket entry on PACER regarding any appellant brief.

When I called because of that this morning, the court clerk told me after checking and then double checking that as of then nothing had been filed by either you or Gailon. And in fact nothing had been filed by you since 1/20/09 (and that was just about a motion you filed to amend the case caption which you lost.)

???

I was also told that even though documents from the pro se would not be available via Pacer and I would have to send a certified check or money order to get them, that they would still always be noted in the court docket when filed, BUT nothing is there, even now... I just checked.

I already asked you to please explain and help me ( and others) to understand and you started posting about "No need for me to call the 1st Cir. clerk. They know the rules. Even though I'm pro se, I wouldn't want to look stupid." and "income tax"  and rules I should check and understand.    What is going on, Bob?

« Last Edit: February 20, 2009, 03:26:09 PM by Ian »
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Snoopy

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Re: Appellant brief filed
« Reply #3 on: February 20, 2009, 03:30:11 PM »

It was a lot of work, but we got it done and filed on Wednesday.

Sabbath will be such a blessed rest.

Can you PLEASE quote it for the rest of us as you shared it with Snoopy and she claims it is so interesting? and the docket entry also, Bob? Surely you want all to be able to read your case? (or is there some reason it is not open and available to all as you claim to prefer?)

I'm asking because as you know from our previous conversation today  there is no docket entry on PACER regarding any appellant brief.

When I called because of that this morning, the court clerk told me after checking and then double checking that as of then nothing had been filed by either you or Gailon. And in fact nothing had been filed by you since 1/20/09 (and that was just about a motion you filed to amend the case caption which you lost.)

???

I was also told that even though documents from the pro se would not be available via Pacer and I would have to send a certified check or money order to get them, that they would still always be noted in the court docket when filed, BUT nothing is there, even now... I just checked.

I already asked you to please explain and help me ( and others) to understand and you started posting about "No need for me to call the 1st Cir. clerk. They know the rules. Even though I'm pro se, I wouldn't want to look stupid." and "income tax"  and rules I should check and understand.    What is going on, Bob?





"Much to learn, you still have."


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Cindy

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Re: Appellant brief filed
« Reply #4 on: February 20, 2009, 03:41:34 PM »


"Much to learn, you still have."




Yes. Many of us (myself included) will admit to that... and thus we ask questions.

I will also admit that I personally have never liked these kind of games, and most likely never will.

Is there some legit reason why answers aren't forthcoming, and are withheld, Snoopy?
« Last Edit: February 20, 2009, 03:46:07 PM by Ian »
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Bob Pickle

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Re: Appellant brief filed
« Reply #5 on: February 20, 2009, 03:52:51 PM »

Read the rules, Cindy, and it will all become clear.

I think my answer on the other thread was clear enough: What date do you have to file income tax returns by? What do you have to do in order to file them?
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Snoopy

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Re: Appellant brief filed
« Reply #6 on: February 20, 2009, 06:12:42 PM »


"Much to learn, you still have."




Yes. Many of us (myself included) will admit to that... and thus we ask questions.

I will also admit that I personally have never liked these kind of games, and most likely never will.

Is there some legit reason why answers aren't forthcoming, and are withheld, Snoopy?


Sorry.  It's not up to me to share it.  And nothing is being "withheld" Ian.  Just because it is not available to you doesn't make it "withheld".  Guess you'll just have to wait and see it when it becomes available to the public.  Maybe you could get Cindi Randall to explain the process to you.

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Cindy

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Re: Appellant brief filed
« Reply #7 on: February 21, 2009, 08:56:19 AM »


"Much to learn, you still have."




Yes. Many of us (myself included) will admit to that... and thus we ask questions.

I will also admit that I personally have never liked these kind of games, and most likely never will.

Is there some legit reason why answers aren't forthcoming, and are withheld, Snoopy?


Sorry.  It's not up to me to share it.  And nothing is being "withheld" Ian.  Just because it is not available to you doesn't make it "withheld".  Guess you'll just have to wait and see it when it becomes available to the public.  Maybe you could get Cindi Randall to explain the process to you.


  I wasn't asking you to share the brief. I was asking why Bob ( and yes, yourself also) just can't answer questions in a straightforward manner instead of playing games.

 And, I'm sorry too Snoopy but commendable as your stalwart defense of and attempts to help and support Bob are, you really don't know what you are talking about here...

I already talked to the first circuit appeals court clerk. I was told the brief will become available to me after it becomes available to the court. IOW --> They plainly said they don't have it. They plainly said it is NOT filed. I was told I can check the Pacer docket to find out when it is filed, (when and if they do receive it) and then call them back to get the cost after they know how many pages there are. ok?

BTW, Does it seem somewhat redundant and confusing to you to have 2 different threads both started within a minute of each other and both talking about the same topic? It does to me. Is it possible to combine them? Just an idea... ;)

laters.. and have a good day...
« Last Edit: February 21, 2009, 09:25:39 AM by Ian »
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Bob Pickle

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Re: Appellant brief filed
« Reply #8 on: February 21, 2009, 05:47:04 PM »

They don't have to have it yet in order for it to be timely filed.
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Bob Pickle

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Re: Appellant brief filed
« Reply #9 on: February 25, 2009, 04:46:07 PM »

Danny and 3ABN have till March 23 to get their appellee brief in.

The next session for the court of appeals at which oral arguments may be presented or the case may be submitted appears to be June. That's the next session at which everything may be ready for that step.

Basically, if Danny really meant what he said and wanted to drop the suit, he should have dropped it with prejudice, and quit threatening us. He continuing threats after the suit was dismissed was evidence that he never was serious about dropping everything.
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Cindy

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Re: Appellant brief filed
« Reply #10 on: February 26, 2009, 08:23:32 AM »

Danny and 3ABN have till March 23 to get their appellee brief in.

The next session for the court of appeals at which oral arguments may be presented or the case may be submitted appears to be June. That's the next session at which everything may be ready for that step.

Yes, barring no more delays, as your appellant brief was filed on Feb 23, and they have 30 days from that time, and then you have another 14 days to reply.

From the court docket:

Quote
"02/23/2009  Open Document     BRIEF filed by Appellants Gailon Arthur Joy and Robert Pickle. Length: 62 pages, 13,995 words..."

"12/09/2008  BRIEFING schedule set. Brief due 01/19/2009 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [08-2457] "


Quote from: Bob Pickle
Basically, if Danny really meant what he said and wanted to drop the suit, he should have dropped it with prejudice,

 ???

Just like your continued efforts and appeal means you never meant it when you called it the "stupid lawsuit", and begged for them to dismiss it?  IOW you want to be sued?

 :ROFL:

 The above statement by you above is equally ignorant and absurd, Bob. The claim's legal rights weren't determined and lost... why should Danny and 3abn lie and give you permission to sue them??

The dismissal of the lawsuit without prejudice simply means the claim has been brought to an end(whether permanently or temporarily) but no legal rights have been determined.

On the other hand dismissing a lawsuit with prejudice means a claim's legal rights have been determined and lost.

That never happened!




Quote from: Bob Pickle
and quit threatening us. He continuing threats after the suit was dismissed was evidence that he never was serious about dropping everything.

Is that really true, or are you again putting your words in someone else's mouth, Bob? Please prove what you claim, kindly quote even one threat from Danny Shelton.

Waiting... but not holding my breath.

toodles  :wave:
« Last Edit: February 26, 2009, 09:07:51 AM by Ian »
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ex3abnemployee

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Re: Appellant brief filed
« Reply #11 on: February 26, 2009, 09:45:39 AM »

Danny and 3ABN have till March 23 to get their appellee brief in.

The next session for the court of appeals at which oral arguments may be presented or the case may be submitted appears to be June. That's the next session at which everything may be ready for that step.

Yes, barring no more delays, as your appellant brief was filed on Feb 23, and they have 30 days from that time, and then you have another 14 days to reply.

From the court docket:

Quote
"02/23/2009  Open Document     BRIEF filed by Appellants Gailon Arthur Joy and Robert Pickle. Length: 62 pages, 13,995 words..."

"12/09/2008  BRIEFING schedule set. Brief due 01/19/2009 for Appellant Gailon Arthur Joy and Appellant Robert Pickle. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [08-2457] "


Quote from: Bob Pickle
Basically, if Danny really meant what he said and wanted to drop the suit, he should have dropped it with prejudice,

 ???

Just like your continued efforts and appeal means you never meant it when you called it the "stupid lawsuit", and begged for them to dismiss it?  IOW you want to be sued?

 :ROFL:

 The above statement by you above is equally ignorant and absurd, Bob. The claim's legal rights weren't determined and lost... why should Danny and 3abn lie and give you permission to sue them??

The dismissal of the lawsuit without prejudice simply means the claim has been brought to an end(whether permanently or temporarily) but no legal rights have been determined.

On the other hand dismissing a lawsuit with prejudice means a claim's legal rights have been determined and lost.

That never happened!




Quote from: Bob Pickle
and quit threatening us. He continuing threats after the suit was dismissed was evidence that he never was serious about dropping everything.

Is that really true, or are you again putting your words in someone else's mouth, Bob? Please prove what you claim, kindly quote even one threat from Danny Shelton.

Waiting... but not holding my breath.

toodles  :wave:
Cindy, bullying and threats are standard practice for Danny. Those of us who have known him for years are fully aware of that. He's mad because he finally met up with a couple of guys who won't back down. This has never happened to him before and he doesn't know how to handle it.
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Duane Clem
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Re: Appellant brief filed
« Reply #12 on: February 26, 2009, 10:14:05 AM »

Quote from: Duane
Quote from: Bob Pickle
Quote from: Ian
and quit threatening us. He continuing threats after the suit was dismissed was evidence that he never was serious about dropping everything.

Is that really true, or are you again putting your words in someone else's mouth, Bob? Please prove what you claim, kindly quote even one threat from Danny Shelton.

Waiting... but not holding my breath.

toodles  :wave:

Cindy, bullying and threats are standard practice for Danny.

If it is indeed "standard practice" as you claim Duane, and Mr Pickle is telling the truth, then there shouldn't be a problem with him supplying an example and quote, right?



Quote
Those of us who have known him for years are fully aware of that. He's mad because he finally met up with a couple of guys who won't back down. This has never happened to him before and he doesn't know how to handle it.

"Those of us who have known him for years"? Those who won't back down??

I am very aware from reading all your posts that you have also been very outspoken against Danny Shelton, Duane. I am also aware that you  DON'T KNOW DS, and that you have also had very limited contact with him despite being employed briefly at 3abn over 24 years ago..

You won't even talk to him, remember? You wouldn't even meet me for lunch during 10 commandment weekend at 3abn, remember?

So, until now I was not aware that he had said anything at all about you, to you, or anything at all in response to your public attacks, much less bullied or threatened you... so if that is your claim then my question to Bob now extends to you also.

Quote? Example?

If that is not your claim, and you have no personal experience of bullying or threatening from him then I am sure you will clarify that as well, as you don't want to give a false impression.

« Last Edit: February 26, 2009, 10:41:33 AM by Ian »
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ex3abnemployee

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Re: Appellant brief filed
« Reply #13 on: February 26, 2009, 11:31:15 AM »

Quote
Cindy, bullying and threats are standard practice for Danny.

If it is indeed "standard practice" as you claim Duane, and Mr Pickle is telling the truth, then there shouldn't be a problem with him supplying an example and quote, right?
You'll have to ask Bob. I don't speak for him.



Quote
Quote
Those of us who have known him for years are fully aware of that. He's mad because he finally met up with a couple of guys who won't back down. This has never happened to him before and he doesn't know how to handle it.

"Those of us who have known him for years"? Those who won't back down??

I am very aware from reading all your posts that you have also been very outspoken against Danny Shelton, Duane. I am also aware that you  DON'T KNOW DS, and that you have also had very limited contact with him despite being employed briefly at 3abn over 24 years ago..
You don't have a clue what you're talking about, Cindy. I knew Danny long before 3ABN was ever even on the drawing board. Your argument is laughable.


Quote
You won't even talk to him, remember? You wouldn't even meet me for lunch during 10 commandment weekend at 3abn, remember?
I'm sorry I couldn't meet with you for lunch, but as you may remember I am an over-the-road truck driver. I usually get in late Friday or Saturday, and then I have to prepare for the teen Sunday School class I teach at my church. Plus, I have to catch up on mail, laundry, bills and other things that are waiting on me when I get home. I wasn't trying to slight you, it was simply a matter of time constraints. I was also under the impression that you wanted me to meet you at 3ABN, and that's NOT gonna happen under ANY circumstances.


Quote
So, until now I was not aware that he had said anything at all about you, to you, or anything at all in response to your public attacks, much less bullied or threatened you... so if that is your claim then my question to Bob now extends to you also.

Quote? Example?

If that is not your claim, and you have no personal experience of bullying or threatening from him then I am sure you will clarify that as well, as you don't want to give a false impression.


Ummm.....where did I say that Danny had threatened me over what I have said recently? I don't know where you got that.
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Duane Clem
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Re: Appellant brief filed
« Reply #14 on: February 26, 2009, 11:46:07 AM »

Quote from: ex3abnemployee

I'm sorry I couldn't meet with you for lunch, but as you may remember I am an over-the-road truck driver. I usually get in late Friday or Saturday, and then I have to prepare for the teen Sunday School class I teach at my church. Plus, I have to catch up on mail, laundry, bills and other things that are waiting on me when I get home. I wasn't trying to slight you, it was simply a matter of time constraints. I was also under the impression that you wanted me to meet you at 3ABN, and that's NOT gonna happen under ANY circumstances.

No problem. I understand. I would still like to do that, depending on your schedule of course.  I am planning on being in Tville again at the end of  May, and it doesn't have to be at 3abn. I had a really good chicken salad at the Cafe there and their fish was lookin' real good also. ;)


Quote
Ummm.....where did I say that Danny had threatened me over what I have said recently? I don't know where you got that.

I am sorry if I misunderstood. TY for answering.


laters...
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