Look at this $h1t. Just look at it.
It’s a friggin’ single-sentence notice that’s riddled with errors, omissions and protocol violations. How could anyone let so many farts in so few lines?
First, she can’t (or won’t) go to the trouble of typing out a proper caption. Let’s start on the left margin. Compare and contrast:
Quote:
Dr. ORLY TAITZ, ESQ, PRO SE
Kathy Ruemmler in her capacity…
Orly’s name is trumpeted in all-caps sandwiched between the tacky self-aggrandizing tags of “Dr.” and “ESQ” whereas Ms. Ruemmler – who happens to be a real lawyer – is identified not as Kathryn, but just plain ol' “Kathy” and she certainly doesn't merit an "Esq.". Orly is also designated the “Plaintiff” but Ms. Ruemmler is not explicitly named Defendant.
To the right we find this handy-dandy title in upper and lower case:
Freedom of information violation.
Yoo hoo, Dr Orly! This fanciful description has no business appearing in the caption of a NOA. None whatsoever. What is needed here is simply “Notice of Appeal”.
The statutory citation on the next line is equally superfluous and out of place. But if you’re so proud that you’ve managed to Google the general title and section codifying the FOIA, could you maybe bother to put a space after the title number (e.g., 5 USC 552) like a real
lawyer legal secretary who is not under the influence of nitrous would do?
And then there’s the case number. It looks like someone took a pen and fixed it. Was that you or did the clerk have to fix it? Whatever. But wouldn’t it have been a tad more professional if you had managed to type it correctly in the first place? I mean, this is not what I’d call quality legal work.
Didja forget to designate the judgment, order, or part thereof being appealed? I hate to be picky but the Federal Rules of Appellate Procedure say this is one of those pesky “must” thingies. (The really anal Blue Bookers may gag, but let’s call ‘em “FRAP” for now – rhymes with “crap”.)
Also, it looks like you forgot to identify the court to which the appeal is taken. (If you can find it, see FRAP 3(c)(1)(C)) Helpful hint: In this case, it is the “United States Court of Appeals for the District of Columbia Circuit”. I know, I know, that was tricky.
And now for the final score:
1. Identification of the party taking the appeal **Pass**
2. Identifcation of the opposing party ** Fail **
3. Nature of the filing correctly stated in the caption **Fail**
4. Accurate District Court case number **Fail** (although later corrected by hand)
5. Citations, if any, in proper format **Fail**
6. Name of court to which the appeal is taken **Fail**
7. Judgment or order being appealed is specifically identified **Fail**
8. Opposing party treated respectfully, with appropriate decorum **Fail**
That’s 1 out of 8 for a total score of 12.5%. Way to go Orly!
One other little practice tip: When a document isn’t signed by hand but you want or need to memorialize that the doc is effectively signed, you mark it “/s/” in lieu of a signature . However, if you actually sign your name to it, you don’t include the “/s/”. Get it? Here, because you signed it in wet ink the “/s/” makes no sense.