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Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot

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FedBarMaley-sigEffective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed. The court has a lengthy manual on this process on its website, along with training modules. The clerk’s office has a help desk in each division available from 9 a.m. to 4 p.m. Counsel should work through the kinks of this process well before the deadline for filing.

In the Southern District of Indiana, new complaints and removals may be filed electronically, but can still optionally be paper-filed.

Hyperlinks in briefs – In the Southern District of Indiana, a new pilot program is underway for including hyperlinks in briefs. Hyperlinks will allow the reader (the court, counsel, etc.) immediate access to the referenced materials, such as CM/ECF filings, case and statute citations, attachments, and exhibits. This is an emerging trend in federal courts and might become mandatory in courts in the future.

The court’s notice provides: “During the initial phase of the pilot program, the Court will be issuing a limited number of entries and orders containing hyperlinks. The hyperlinks may be page-specific. For instance, an order may contain a hyperlink to a specific page of a specific affidavit – accessible with one click. Access to Court-issued documents will continue to be available via the Notice of Electronic Filing (‘NEF’) email system. NOTE: Even though attorneys can utilize the one ‘free look’ to the e-filed documents associated with the NEF – accessing other CM/ECF hyperlinked documents contained within the main document will be subject to normal PACER fees, and any hyperlinks to Westlaw or LexisNexis citations will require attorneys to login to those services.

The next, and most important, phase of the pilot program will involve a small group of attorneys e-filing documents with hyperlinks. When utilized by attorneys, hyperlinks in briefs and other court filings will provide quick, easy, and pinpoint access to particular sections of a case, or to specific filings in the court’s record, adding another level of persuasion to their writing. Hyperlinking will also be a great benefit to the Court, allowing Judges to quickly and easily review case-supporting materials.

Once this pilot program has been tested and meets the Court’s expectations, detailed information will be available for all attorneys to use in future filings.”

Finality not impacted by fee petition – The Supreme Court recently resolved a split in the Circuits on finality when a non-statutory fee petition is filed. Long ago the court held in Budinich v. Becton Dickinson & Co., 486 U. S. 196 (1988), that statutory fee claims do not affect finality. In a January decision, Ray Haluch Gravel Co. v. Central Pension Fund, No. 12-992, the court held that the filing of any type of fee petition does not affect finality. Thus, the appeal clock is running regardless of a fee petition.

The court’s opening paragraph succinctly summarizes this important holding and the court’s reasoning:

“Federal courts of appeals have jurisdiction of appeals from ‘final decisions’ of United States district courts. 28 U. S. C. § 1291. In Budinich v. Becton Dickinson & Co., 486 U. S. 196 (1988), this Court held that a decision on the merits is a ‘final decision under §1291 even if the award or amount of attorney’s fees for the litigation remains to be determined.’ The issue in this case is whether a different result obtains if the unresolved claim for attorney’s fees is based on a contract rather than, or in addition to, a statute. The answer here, for purposes of §1291 and the Federal Rules of Civil Procedure, is that the result is not different. Whether the claim for attorney’s fees is based on a statute, a contract, or both, the pendency of a ruling on an award for fees and costs does not prevent, as a general rule, the merits judgment from becoming final for purposes of appeal.”

Save the date – The 2014 annual Federal Civil Practice Seminar will return Dec. 19 this year; mark your calendars.•

__________

John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg LLP, practicing federal and state litigation, employment matters and appeals. He chairs the Local Rules Advisory Committee for the S.D. of Indiana and is a member of the Local Rules Advisory Committee for the N.D. of Indiana. The opinions expressed are those of the author.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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