Case: 22-11226 Document: 12 Page: 1 Date Filed: 01/03/2023
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`United States Court of Appeals
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`LYLE W. CAYCE
`CLERK
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`FIFTH CIRCUIT
`OFFICE OF THE CLERK
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`January 03, 2023
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`TEL. 504-310-7700
`600 S. MAESTRI PLACE,
`Suite 115
`NEW ORLEANS, LA 70130
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`No. 22-11226
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`SEC v. Barton
`USDC No. 3:22-CV-2118
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`Mr. Michael Christopher Dingman
`Hunton Andrews Kurth, L.L.P.
`2200 Pennsylvania Avenue, N.W.
`Suite 905
`Washington, DC 20037
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`Dear Mr. Dingman,
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`We have docketed the appeal and ask you to use the case number
`above in future inquiries.
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`Filings in this court are governed strictly by the Federal Rules
`of Appellate Procedure. We cannot accept motions submitted under
`the Federal Rules of Civil Procedure. We can address only those
`documents the court directs you to file, or proper motions filed
`in support of the appeal. See Fed. R. App. P. and 5TH Cir. R. 27 for
`guidance. Documents not authorized by these rules will not be
`acknowledged or acted upon.
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`You must complete a transcript order form, which can be obtained
`from the court's website www.ca5.uscourts.gov. If you are required
`to electronically file, you must, file the form via the 5th
`Circuit's Electronic Document Filing System even if the form was
`filed with the district court, and make financial arrangements
`with the court reporter. See also 5TH Cir. R. 30.1.2 and 5TH Cir. R.
`31.1 to determine if you have to file electronically. When
`completed, this meets your obligation to order the necessary
`portions of the court reporter's transcript, see Fed. R. App. P.
`10(b). (If you are pro se and unable to afford payment, you must
`file a motion with the district court requesting transcript at
`government expense, and notify this court.) We will coordinate
`the transcript deadlines with the court reporter. The court
`reporter should contact you directly if an extension of time to
`file the transcript is granted. Failure to complete the transcript
`order form and make financial arrangements with the court reporter
`within 15 days will result in dismissal of the appeal in accordance
`with the rules.
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`We will provide you information about the briefing schedule of
`this appeal at a later date. If a transcript is unnecessary,
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`Case: 22-11226 Document: 12 Page: 2 Date Filed: 01/03/2023
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`please complete the section on the transcript order form to
`indicate such and we will start the briefing schedule. 5TH Cir. R.
`31.4 and the Internal Operating Procedures following rules 27 and
`31 state that except in the most extraordinary circumstances, the
`maximum extension for filing briefs is 30 days in criminal cases
`and 40 days in civil cases.
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`All counsel who desire to appear in this case must electronically
`file a "Form for Appearance of Counsel" naming all parties
`represented within 14 days from this date, see Fed. R. App. P. 12(b)
`and 5TH Cir. R. 12. This form is available on our website
`www.ca5.uscourts.gov. Failure to electronically file this form
`will result in removing your name from our docket. Pro se parties
`are not required to file appearance forms.
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`ATTENTION ATTORNEYS: Attorneys are required to be a member of the
`Fifth Circuit Bar and to register for Electronic Case Filing. The
`"Application and Oath for Admission" form can be printed or
`downloaded from the Fifth Circuit's website, www.ca5.uscourts.gov.
`Information on Electronic Case Filing is available at
`www.ca5.uscourts.gov/cmecf/.
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`ATTENTION ATTORNEYS: Direct access to the electronic record on
`appeal (EROA) for pending appeals will be enabled by the U S
`District Court on a per case basis. Counsel can expect to receive
`notice once access to the EROA is available. Counsel must be
`approved for electronic filing and must be listed in the case as
`attorney of record before access will be authorized. Instructions
`for accessing and downloading the EROA can be found on our website
`at
`http://www.ca5.uscourts.gov/docs/default-
`source/forms/instructions-for-electronic-record-download-
`feature-of-cm. Additionally, a link to the instructions will be
`included in the notice you receive from the district court.
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`Sealed documents, except for the presentence investigation report
`in criminal appeals, will not be included in the EROA. Access to
`sealed documents will continue to be provided by the district court
`only upon the filing and granting of a motion to view same in this
`court.
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`We recommend that you visit the Fifth Circuit's website,
`www.ca5.uscourts.gov and review material that will assist you
`during the appeal process. We especially call to your attention
`the Practitioner's Guide and the 5th Circuit Appeal Flow Chart,
`located in the Forms, Fees, and Guides tab.
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`ATTENTION: If you are filing Pro Se (without a lawyer) you can
`request to receive correspondence from the court and other parties
`by email and can also request to file pleadings through the court’s
`electronic filing systems. Details explaining how you can request
`this are available on the Fifth Circuit website at
`http://www.ca5.uscourts.gov/docs/default-source/forms/pro-se-
`filer-instructions. This is not available for any pro se serving
`in confinement.
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`Special guidance regarding filing certain documents:
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`General Order No. 2021-1, dated January 15, 2021, requires parties
`to file in paper highly sensitive documents (HSD) that would
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`Case: 22-11226 Document: 12 Page: 3 Date Filed: 01/03/2023
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`ordinarily be filed under seal in CM/ECF. This includes documents
`likely to be of interest to the intelligence service of a foreign
`government and whose use or disclosure by a hostile foreign
`government would likely cause significant harm to the United States
`or its interests. Before uploading any matter as a sealed filing,
`ensure it has not been designated as HSD by a district court and
`does not qualify as HSD under General Order No. 2021-1.
`
` A
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` party seeking to designate a document as highly sensitive in the
`first instance or to change its designation as HSD must do so by
`motion. Parties are required to contact the Clerk’s office for
`guidance before filing such motions.
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`Sealing Documents on Appeal: Our court has a strong presumption
`of public access to our court's records, and the court scrutinizes
`any request by a party to seal pleadings, record excerpts, or other
`documents on our court docket. Counsel moving to seal matters
`must explain in particularity the necessity for sealing in our
`court. Counsel do not satisfy this burden by simply stating that
`the originating court sealed the matter, as the circumstances that
`justified sealing in the originating court may have changed or may
`not apply in an appellate proceeding. It is the obligation of
`counsel to justify a request to file under seal, just as it is
`their obligation to notify the court whenever sealing is no longer
`necessary. An unopposed motion to seal does not obviate a
`counsel's obligation to justify the motion to seal.
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`
`
` Sincerely,
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` LYLE W. CAYCE, Clerk
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` By: _________________________
` Renee S. McDonough, Deputy Clerk
` 504-310-7673
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`cc:
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`Mr. Keefe Michael Bernstein
`Mr. Michael J. Edney
`Mr. Ezekiel Levenson Hill
`Mr. Edwin A. Huffman
`Mr. Richard Bratton Roper III
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`Case: 22-11226 Document: 12 Page: 4 Date Filed: 01/03/2023
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`Provided below is the court's official caption. Please review the
`parties listed and advise the court immediately of any
`discrepancies. If you are required to file an appearance form, a
`complete list of the parties should be listed on the form exactly
`as they are listed on the caption.
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` _________
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`Case No. 22-11226
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` _________
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`Securities and Exchange Commission,
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` Plaintiff - Appellee
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`v.
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`Timothy Barton,
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` Defendant - Appellant
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