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Scott Tooley, Appellant v. Janet Ann Napolitano, Homeland Security Secretary, in her official capacity, et al., Appellees.

ORDER

PER CURIAM.

Upon consideration of the petition for rehearing en banc and the response thereto, and the order setting this matter for panel rehearing, it is

ORDERED that the petition be dismissed as moot. A new period for petitioning for en banc review will begin to run following entry of a new panel judgment.

ORDER

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 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.

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TOOLEY v. NAPOLITANO, 07-5080 (D.C. Cir. 7-1-2009)
(Jul 1, 2009)