Associated Press v. United States Department of Defense, No. 1:2005cv03941 - Document 49 (S.D.N.Y. 2006)
Court Description: Attachment 1CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated January 23, 2006, the Government?s motion for reconsideration is denied and final judgment is entered in favor of the Associated Press, and the Department is directed to provide the Associated Press with unredacted copies of the applicable transcripts and documents by no later than January 30, 2006 and if the Department wishes to seek a stay of the Order dated January 23, 2006 pending appeal, it should, together with counsel for the Associated Press, jointly call Chambers no later than 5 p.m. on January 25, 2006 to discuss such an application. (Signed by J. Michael McMahon, clerk on 2/23/06) (Attachments: # 1 Notice of Right to Appeal)(ml, )
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Associated Press v. United States Department of Defense Case 1:05-cv-03941-JSR Doc. 49 Att. 1 Document 49-2 Filed 02/23/2006 Page 1 of 5 United States District Court Southern District of New York Office of the Clerk U. S. Courthouse 500 Pearl Street, New York, N. Y. 10007-1213 Date: In Re: -v- ( Case #: ) Dear Litigant, Enclosed is a copy of the judgment entered in your case. Your attention is directed to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, which requires that if you wish to appeal the judgment in your case, you must file a notice of appeal within 30 days of the date of entry of the judgment (60 days if the United States or an officer or agency of the United States is a party). If you wish to appeal the judgment but for any reason you are unable to file your notice of appeal within the required time, you may make a motion for an extension of time in accordance with the provision of Fed. R. App. P. 4(a)(5). That rule requires you to show “excusable neglect” or “good cause” for your failure to file your notice of appeal within the time allowed. Any such motion must first be served upon the other parties and then filed with the Pro Se Office no later than 60 days from the date of entry of the judgment (90 days if the United States or an officer or agency of the United States is a party). The enclosed Forms 1, 2 and 3 cover some common situations, and you may choose to use one of them if appropriate to your circumstances. The Filing fee for a notice of appeal is $5.00 and the appellate docketing fee is $250.00 payable to the “Clerk of the Court, USDC, SDNY” by certified check, money order or cash. No personal checks are accepted. J. Michael McMahon, Clerk of Court by: , Deputy Clerk APPEAL FORMS Docket Support Unit Revised: March 4, 2003 Dockets.Justia.com Case 1:05-cv-03941-JSR Document 49-2 Filed 02/23/2006 Page 2 of 5 United States District Court Southern District of New York Office of the Clerk U. S. Courthouse 500 Pearl Street, New York, N. Y. 10007-1213 ------------------------------------------------------------X | | | -V| | | | ------------------------------------------------------------X NOTICE OF APPEAL civ. ( ) Notice is hereby given that (party) hereby appeals to the United States Court of Appeals for the Second Circuit from the Judgment [describe it] entered in this action on the day of , (day) . (month) (year) (Signature) (Address) (City, State and Zip Code) Date: ( ) (Telephone Number) Note: You may use this form to take an appeal provided that it is received by the office of the Clerk of the District Court within 30 days of the date on which the judgment was entered (60 days if the United States or an officer or agency of the United States is a party). FO R M 1 APPEAL FORMS Docket Support Unit Revised: March 4, 2003 Case 1:05-cv-03941-JSR Document 49-2 Filed 02/23/2006 Page 3 of 5 United States District Court Southern District of New York Office of the Clerk U. S. Courthouse 500 Pearl Street, New York, N. Y. 10007-1213 ------------------------------------------------------------X | | | -V| | | | ------------------------------------------------------------X M OTION FOR EXTENSION OF TIM E TO FILE A NOTICE OF APPEAL civ. ( ) Pursuant to Fed. R. App. P. 4(a)(5), respectfully (party) requests leave to file the within notice of appeal out of time. (party) desires to appeal the judgment in this action entered on but failed to file a (day) notice of appeal within the required number of days because: [Explain here the “excusable neglect” or “good cause” which led to your failure to file a notice of appeal within the required number of days.] (Signature) (Address) (City, State and Zip Code) Date: ( ) (Telephone Number) Note: You may use this form, together with a copy of Form 1, if you are seeking to appeal a judgment and did not file a copy of Form 1 within the required time. If you follow this procedure, these forms must be received in the office of the Clerk of the District Court no later than 60 days of the date which the judgment was entered (90 days if the United States or an officer or agency of the United States is a party). FO R M 2 APPEAL FORMS Docket Support Unit Revised: March 4, 2003 Case 1:05-cv-03941-JSR Document 49-2 Filed 02/23/2006 Page 4 of 5 United States District Court Southern District of New York Office of the Clerk U. S. Courthouse 500 Pearl Street, New York, N. Y. 10007-1213 ------------------------------------------------------------X | | | -V| | | | ------------------------------------------------------------X 1. NOTICE OF APPEAL AND M OTION FOR EXTENSION OF TIM E civ. ( ) Notice is hereby given that hereby appeals to (party) the United States Court of Appeals for the Second Circuit from the judgment entered on [Give a description of the judgment] 2. . In the event that this form was not received in the Clerk’s office within the required time respectfully requests the court to grant an extension of time in (party) accordance with Fed. R. App. P. 4(a)(5). a. In support of this request, states that (party) this Court’s judgment was received on and that this form was mailed to the (date) court on . (date) (Signature) (Address) (City, State and Zip Code) Date: ( ) (Telephone Number) Note: You may use this form if you are mailing your notice of appeal and are not sure the Clerk of the District Court will receive it within the 30 days of the date on which the judgment was entered (60 days if the United States or an officer or agency of the United States is a party). FO R M 3 APPEAL FORMS Docket Support Unit Revised: March 4, 2003 Case 1:05-cv-03941-JSR Document 49-2 Filed 02/23/2006 Page 5 of 5 United States District Court Southern District of New York Office of the Clerk U. S. Courthouse 500 Pearl Street, New York, N. Y. 10007-1213 ------------------------------------------------------------X | | | -V| | | | ------------------------------------------------------------X I, AFFIRMATION OF SERVICE civ. ( ) , declare under penalty of perjury that I have served a copy of the attached upon whose address is: Date: New York, New York (Signature) (Address) (City, State and Zip Code) FO R M 4 APPEAL FORMS Docket Support Unit Revised: March 4, 2003
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