Opinion
Nos. 07-1238 07-1235.
Filed On: November 7, 2007.
BEFORE: Sentelle and Brown, Circuit Judges.
ORDER
Upon consideration of the motions to expedite in Nos. 07-1235 and 07-1238 and the supplement thereto; the State of Rhode Island's motion to intervene in No. 07-1235, the opposition thereto, and the reply; the City of Fall River's motion to intervene in No. 07-1238, the opposition thereto, and the replies; the motions to dismiss No. 07-1235 and the opposition thereto; the motion for summary disposition in No. 07-1235 and the opposition thereto; and the Rule 28(j) letters filed September 12, 2007, and October 30, 2007, and the response thereto, it is. ORDERED that the motions to intervene be granted. The Clerk is directed to file the State of Rhode Island's lodged motion to dismiss in No. 07-1235. It is.
FURTHER ORDERED that the motions to dismiss No. 07-1235 be referred to the merits panel to which that petition is assigned. The parties are directed to address in their briefs the issues presented in the motions to dismiss rather than incorporate those arguments by reference. It is.
FURTHER ORDERED that the motion for summary disposition be denied. The merits of the parties' positions are not so clear as to warrant summary action. See Cascade Broadcasting Group, Ltd. v. FCC, 822 F.2d 1172, 1174 (D.C. Cir. 1987) (per curiam). It is.
FURTHER ORDERED, on the court's own motion, that Nos. 07-1235 and 07-1238 be consolidated. It is.
FURTHER ORDERED that the motion to expedite Nos. 07-1235 and 07-1238 be granted. See 15 U.S.C. § 717r(d)(5). It is.
FURTHER ORDERED, on the court's own motion, that the briefs filed in these cases to date be disregarded and the parties are directed to file new briefs. To this end, the parties are directed to submit, within 14 days of the date of this order, a proposed schedule and format for the briefing of these cases. The parties are strongly urged to submit a joint proposal, and are reminded that the court looks with extreme disfavor on repetitious submissions and will, where appropriate, require a joint brief of aligned parties with total words not to exceed the standard allotment for a single brief. The parties are directed to provide detailed justifications for any request to file separate briefs or to exceed in the aggregate the standard word allotment. Requests to exceed the standard word allotment must specify the word allotment necessary for each issue.