Clerk
Mr. Robert Lee Rabon
P.O. Box 726
Hugo, OK 74401
Re: 98-7027, Dry, et. al. v. Choctaw CFR Court
Dist/Ag docket: 98-CV-11-S,
Dear Mr. Rabon:
Appellee's brief filed in the subject case is deficient in the following respects(s):
There is no list of prior or related appeals, with appropriate citations nor is there an express statement that there are no prior or related appeals. See 10th Cir. R. 28.2(a).
There is no statement on the front cover of the brief as to whether oral argument is desired. (Every request for oral argument must be accompanied by a statement of the reasons oral argument is necessary.) See 10th Cir. R. 28.2(e).
There is no statement of the reasons oral argument is necessary. 10th Cir. R. 28.2.(e).
You may correct the stated deficiencies in any of the following ways:
(1) Corrected substitute copies of the brief may be filed with the clerk.
(2) A motion may be filed to withdraw the deficient brief so that it can be corrected and returned to the clerk. The court will not pay postage or other costs in connection therewith.
(3) The required number of copies of omitted matter may be sent to the clerk for appending to the brief. The clerk will not disassemble and reassemble the brief, but will simply append the omitted matter.
Corrections, however made, must be accompanied by proof of service upon all other parties to the appeal. The time within which the opposing party(ies) may file an answer or reply brief shall run from the date of service of the corrections(s).
If you fail to correct the stated deficiency(ies) within 10 days after the date of this letter, the deficient brief or appendix will be stricken. In addition, the appeal may be dismissed without further notice, you may be barred from further appearance in this appeal except by permission of court, and you may be disciplined. See 10th Cir. R. 46.6 and the court's Plan for Attorney Disciplinary Enforcement, Addendum III to Rules of Court.
*Please see 10th Cir R. 31.6 and 30.1.4 regarading number of copies that need do be filed.
Without regard to whether you correct the brief, you may receive a separate notice of rules violation.
Please contact this office if you have questions.
PF: to
CC:
Scott Kayla Morrison