MAJORS, Brian, et al., ) Supreme Court case no. plaintiff-appellants, ) 94S00-0303-CQ-94 ) v. ) U.S. Court of Appeals, Seventh Circuit ABELL, Marsha, et al. ) case no. 02-2204 defendants-appellees. )
PUBLISHED ORDER ACCEPTING CERTIFIED QUESTIONThe United States Court of Appeals for the Seventh Circuit has certified a question of Indiana state law for this Courts consideration pursuant to Indiana Appellate Rule 64. The question, as framed by the federal court, is:
The plaintiffs in the federal action are allowed a single main brief and
a single response brief. These two briefs shall be bound with a
blue cover. Likewise, the defendants in the federal action are allowed a
single main brief and a single response brief. These two briefs shall
be bound with a red cover. Except to the extent this order
directs otherwise, the four briefs shall conform to the provisions of Appellate Rules
43 and 44. In addition, an appendix shall be filed containing certified
copies of documents from the federal court that the parties believe are necessary
or helpful for deciding the question, including, as applicable, the items listed in
Appellate Rule 50. It is anticipated that the parties will confer and
agree on the material to be included in an appendix and that only
one will be filed. The cover of the appendix shall be blue
and labeled Appellants Appendix. Appellees may file one appendix, in accordance with
Appellate Rule 50 (A)(3), if the parties are unable to agree on the
contents, although a single appendix is preferred. An original and eight copies
of each brief and appendix are to be filed with the Clerk.
The two main briefs must be filed by April 22, 2003. These
briefs shall, to the extent reasonably practical, conform to the provisions of Appellate
Rule 46(A). These briefs may not exceed 8400 words, exclusive of the
items listed in Appellate Rule 44(C) and shall be accompanied by the verified
statement of word count referred to in Appellate Rule 44(F). The two
response briefs must be filed by May 13, 2003. These briefs may
not exceed 2400 words exclusive of the items listed in Appellate Rule 44(C),
and shall be accompanied by the verified statement of word count referred to
in Appellate Rule 44(F). Any appendix must be filed by May 13,
Extensions of time will be granted only under extraordinary circumstances. The Court
anticipates that oral argument will be scheduled in this matter for a date
in late May or early June; a separate order scheduling oral argument will
be entered. The Court will then take the case under advisement and
issue an opinion in due course.
The Clerk is directed to send copies of this order to Jennifer Doerr,
Assistant Appeals Processing Manager, United State Court of Appeals for the Seventh Circuit,
for distribution to that Court; to the Hon. Larry J. McKinney, Chief Judge,
United State District Court for the Southern District of Indiana; and to counsel
of record as indicated on the attached service list.
Done at Indianapolis, Indiana this 17th day of March, 2003.
/s/ Randall T. Shepard
Chief Justice of Indiana
All Justices concur.