September Term 2008 06cv00306 Filed On: July 1, 2009 Scott Tooley v. Janet Ann Napolitano, Homeland Security Secretary, in her official capacity

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 07-5080 September Term 2008
06cv00306
Filed On: July 1, 2009
Scott Tooley,
Appellant
v.
Janet Ann Napolitano, Homeland Security
Secretary, in her official capacity, et al.,
Appellees
BEFORE: Sentelle, Chief Judge, and Tatel, Circuit Judge, and Williams,
Senior Circuit Judge
O R D E R
Upon consideration of appellees’ petition for rehearing, the response thereto,
and the supplemental briefs, it is
ORDERED that the petition for rehearing be granted. This case is scheduled for
oral argument before the above-named panel at 9:30 a.m. on October 8, 2009. It is
FURTHER ORDERED that the judgment filed February 20, 2009, be vacated. It
is
FURTHER ORDERED that the following briefing schedule apply in this case:
Brief and Appendix for Appellant July 24, 2009
Brief for Amicus Curiae for Appellant July 24, 2009
Brief for Appellees August 24, 2009
Reply Brief for Appellant September 8, 2009
Reply Brief for Amicus Curiae September 8, 2009
for Appellant

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United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 07-5080 September Term 2008
Appellant must raise all issues and arguments in the opening brief. The court
ordinarily will not consider issues and arguments raised for the first time in the reply
brief.
Parties are directed to hand deliver the paper copies of their briefs to the Clerk’s
office on the date due. All brief and appendices must contain the date the case is
scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a). Because
the briefing schedule is keyed to oral argument, the court will grant requests for
extensions of time limits for briefs only for extraordinarily compelling reasons.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Michael C. McGrail
Deputy Clerk

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