Filed On: October 1, 2007.
BEFORE: Ginsburg, Chief Judge, and Tatel and Brown, Circuit Judges.
Upon consideration of the motion for separate appendices and the response thereto, it is
ORDERED that the motion be dismissed as moot with respect to the district court's memorandum opinion and the transcript from the summary judgment hearing, as those materials are already included in the appendix filed by appellant. It is
FURTHER ORDERED that the motion be denied with respect to the judicial opinion, statutes, regulations, and legislative document that appellees wish to provide in an appendix. It is unnecessary to provide published judicial opinions to the court. Other legal authorities must be included in an addendum to the brief, rather than the appendix. See Fed.R.App.P. 28(f); D.C. Cir. Rule 28(a)(5). It is
FURTHER ORDERED that the motion be granted with respect to the portions of the administrative record selected by appellees for inclusion in the appendix. Appellees are directed to hand-serve and hand-file their supplemental appendix, along with their final briefs, no later than noon on Friday, October 5, 2007. The parties are reminded that their submissions must comply with D.C. Circuit Rule 47.1 if materials included in those submissions are under seal.