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Old May 27, 2012, 02:13 PM   #18
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,317
I've had a problem, ever since Kwong v. Bloomberg was decided at district court last March 26th. That is, the appeal. RECAP does not seem to want to acknowledge anything past the 3/26 date. So when we look at the actual docket, we can find the following:

Quote:
04/18/2012 47 NOTICE OF CHANGE OF ADDRESS by David Douglas Jensen on behalf of All Plaintiffs. New Address: David Jensen PLLC, 111 John Street, Suite 230, New York, NY, USA 10038, (212) 380-6615. (Jensen, David) (Entered: 04/18/2012)

04/18/2012 48 NOTICE OF APPEAL from 45 Memorandum & Opinion,,. Document filed by Nunzio Calce, Timothy S. Furey, Daniela Greco, George Greco, Glenn Herman, Shui W. Kwong, Nick Lidakis, Second Amendment Foundation, Inc., The New York State Rifle & Pistol Association, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Jensen, David) (Entered: 04/18/2012)

04/18/2012 Appeal Fee Due: for 48 Notice of Appeal,. $455.00 Appeal fee due by 5/2/2012. (nd) (Entered: 04/18/2012)
04/18/2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 48 Notice of Appeal,. (nd) (Entered: 04/18/2012)

04/18/2012 Appeal Record Sent to USCA (Electronic File). (nd) (Entered: 04/18/2012) (I have deleted the entire record that was transmitted, for brevity - I'm left wondering if this really long record is the problem with RECAP)

05/01/2012 USCA Appeal Fees received $ 455.00 receipt number 465401036927 on 05/01/2012 re: 48 Notice of Appeal, filed by Second Amendment Foundation, Inc., Daniela Greco, Shui W. Kwong, Timothy S. Furey, Glenn Herman, George Greco, The New York State Rifle & Pistol Association, Inc., Nick Lidakis, Nunzio Calce. (nd) (Entered: 05/01/2012)
But this never seems to make it into the Internet Archive (see my note on the transmittal of records).

A further problem was accessing the CA2 record at PACER. It now appears that neither PACER or Justia made the record, until after the fee was paid. sigh.

At any rate, I have finally found both the Justia summary and the PACER docket at CA2:

Kwong v. Bloomberg. CA2 #12-1578
Justia Summary at 2nd Circuit.

The docket at PACER.

Current CA2 docket:

Quote:
05/03/2012 12 CAMP CONFERENCE ORDER: Type of Conference: In-Person, Scheduled Date of Conference: 06/05/2012, Start Time: 3:00 PM, endorsed by Vidya Kurella, FILED.[598135] [12-1578]

05/03/2012 13 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Eric T. Schneiderman, FILED. Service date 05/03/2012 by CM/ECF. [598704] [12-1578]

05/03/2012 14 PAYMENT OF DOCKETING FEE, on behalf of Appellant Nunzio Calce, Timothy S. Furey, Daniela Greco, George Greco, Glenn Herman, Shui W. Kwong, Nick Lidakis, New York State Rifle & Pistol Association, Incorporated and Second Amendment Foundation, Inc., district court receipt # 465401036927, FILED.[598786] [12-1578]

05/03/2012 18 NEW CASE MANAGER, Deborah Holmes, ASSIGNED.[599170] [12-1578]

05/14/2012 19 SCHEDULING NOTIFICATION, on behalf of Appellant Nunzio Calce, Timothy S. Furey, Daniela Greco, George Greco, Glenn Herman, Shui W. Kwong, Nick Lidakis, New York State Rifle & Pistol Association, Incorporated and Second Amendment Foundation, Inc., informing Court of proposed due date 06/29/2012, RECEIVED. Service date 05/14/2012 by CM/ECF.[608353] [12-1578]

05/14/2012 20 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellee Michael Bloomberg and City of New York, FILED. Service date 05/14/2012 by CM/ECF. [608629] [12-1578]

05/15/2012 22 ATTORNEY, Marta Soja Ross, [20], in place of attorney Michael A. Cardozo, SUBSTITUTED.[609550] [12-1578]

05/15/2012 24 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Nunzio Calce, Timothy S. Furey, Daniela Greco, George Greco, Glenn Herman, Shui W. Kwong, Nick Lidakis, New York State Rifle & Pistol Association, Incorporated and Second Amendment Foundation, Inc. Brief due date as 06/29/2012;. Joint Appendix due date as 06/29/2012, FILED.[609728] [12-1578]

05/16/2012 25 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellee Michael Bloomberg and City of New York, FILED. Service date 05/16/2012 by CM/ECF. [611586] [12-1578]

05/17/2012 26 ATTORNEY, Susan Paulson, [25], in place of attorney Marta B. Ross, SUBSTITUTED.[613307] [12-1578]
As noted above, unless an extension is requested and approved, the opening brief will be submitted by Friday, June 29, 2012.
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