Government of the Province of Manitoba and State of Missouri, ex rel Chris Koster, Missouri Attorney General's Office, Appellees v. State of North Dakota, Appellant

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United States Court of Appeals, District of Columbia Circuit.

Government of the Province of Manitoba and State of Missouri, ex rel Chris Koster, Missouri Attorney General's Office, Appellees v. Sally Jewell, Secretary, U.S. Department of the Interior, et al., Appellees State of North Dakota, Appellant

No. 16-5203

Decided: September 28, 2016

BEFORE: Brown, Griffith, and Pillard, Circuit Judges


Upon consideration of the motions for summary affirmance, the opposition thereto, and the reply; the motion to expedite, the opposition thereto, and the reply, it is

ORDERED that the motions for summary affirmance be denied. The merits of the parties' positions are not so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). It is

FURTHER ORDERED that the following briefing schedule will now apply:

Appellant's Brief October 7, 2016 (not to exceed 14,000 words) Appellees' Brief(s) November 7, 2016 (not to exceed a combined total of 14,000 words) Appellant's Reply Brief November 22, 2016 (not to exceed 7,000 words) Deferred Appendix November 29, 2016 Final Briefs December 6, 2016

The Clerk is directed to schedule this case for argument on the first appropriate date following the completion of briefing. The parties will be notified later of the oral argument date and composition of the merits panel.

All issues and arguments must be raised by appellant in the opening brief. The court ordinarily will not consider issues and arguments raised for the first time in the reply brief.

To enhance the clarity of their briefs, the parties are urged to limit the use of abbreviations, including acronyms. While acronyms may be used for entities and statutes with widely recognized initials, briefs should not contain acronyms that are not widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 41 (2016); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

Parties are strongly encouraged to hand deliver the paper copies of their briefs to the Clerk's office on the date due. Filing by mail may delay the processing of the brief. Additionally, counsel are reminded that if filing by mail, they must use a class of mail that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).


Mark J. Langer, Clerk


John J. Accursio/LD Deputy Clerk

Per Curiam

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