"Can't speak to 'penalty', but I would like to read your distinction between 'directory' and 'mandatory' related to an order issued by 9th Circuit, especially discussing the Court's use of "shall" in the 21 days sentence."
All briefing is "discretionary." No party can be "required" to file any brief, and a failure to file is a waiver of the right to do so. Gore waived his right. End of story.
The "shall" had to do with when that brief, should a party have elected to prepare one, had to be on file. Example: the court orders a party to file a brief/motion/answer by a date specified. The party elects not to file. This is not a contempt, but subjects the party to a default. Same here. Gore has elected not to file a brief, and has thus waived his right to do so.
Last edited by 62coltnavy; March 31, 2014 at 12:40 AM.