`
`United States Court of Appeals
`
`
`LYLE W. CAYCE
`CLERK
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`
`FIFTH CIRCUIT
`OFFICE OF THE CLERK
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`
`
`TEL. 504-310-7700
`600 S. MAESTRI PLACE,
`Suite 115
`NEW ORLEANS, LA 70130
`
`December 05, 2019
`
`
`
`
`William P. Barr, U. S. Attorney General
`U.S. Department of Justice
`950 Pennsylvania Avenue, N.W.
`Suite 3601
`Washington, DC 20530
`
`Mr. Thomas M. Johnson Jr.
`General Counsel
`445 12th Street S.W.
`Eight Floor
`Washington, D.C. 20554
`
`Mr. Jonathan Sallet
`Federal Communications Commission
`Office of General Counsel
`445 12th Street, S.W.
`Room 8 A 741
`Washington, DC 20554
`
`
`
`No. 19-60896
`
`Huawei Technologies USA, Inc, et al v. FCC,
`et al
`Agency No. 19-121
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`
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`Dear Barr, U. S. Attorney General, Mr. Johnson, Mr. Sallet,
`
`You are served with the following document(s) under FED. R. APP. P.
`15:
`
`Petition for Review.
`
`Special Guidance for Filing the Administrative Record: Pursuant to
`5th Cir. R. 25.2, Electronic Case Filing (ECF) is mandatory for
`all counsel. Agencies responsible for filing the administrative
`record with this court are requested to electronically file the
`record via CM/ECF using one or more of the following events as
`appropriate:
`
`Electronic Administrative Record Filed;
`Supplemental Electronic Administrative Record Filed;
`Sealed Electronic Administrative Record Filed; or
`Sealed Supplemental Electronic Administrative Record Filed.
`
`
`
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` Case: 19-60896 Document: 00515224447 Page: 2 Date Filed: 12/05/2019
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`Electronic records must meet the requirements listed below.
`Records that do not comply with these requirements will be
`rejected.
`
`
`• Max file size 20 megabytes per upload.
`• Where multiple uploads are needed, describe subsequent
`files as "Volume 2", "Volume 3", etc.
`• Individual documents should remain intact within the same
`file/upload, when possible.
`• Supplemental records must contain the supplemental
`documents only. No documents contained within the original
`record should be duplicated.
`
`
`Electronic records are automatically paginated for the benefit of
`counsel and the court and provide an accurate means of citing to
`the record in briefs. A copy of the paginated electronic record
`is provided to all counsel at the time of filing via a Notice of
`Docket Activity (NDA). Upon receipt, counsel should save a copy
`of the paginated record to their local computer.
`
`Agencies unable to provide the administrative record via docketing
`in CM/ECF may instead provide a copy of the record on a flash drive
`or CD which we will use to upload and paginate the record.
`
`If the agency intends to file a certified list in lieu of the
`administrative record, it is required to be filed electronically.
`Paper filings will not be accepted. See FED. R. APP. P. 16 and 17
`as to the composition and time for the filing of the record.
`
`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/.
`
`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.
`
`Counsel who desire to appear in this case must electronically file
`a "Form for Appearance of Counsel" within 14 days from this date.
`You must name each party you represent, see FED. R. APP. P. and 5TH
`CIR. R. 12. The form is available from the Fifth Circuit's website,
`www.ca5.uscourts.gov. If you fail to electronically file the form,
`we will remove your name from our docket.
`
`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
`
`
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` Case: 19-60896 Document: 00515224447 Page: 3 Date Filed: 12/05/2019
`
`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.
`
`
`
` Sincerely,
`
` LYLE W. CAYCE, Clerk
`
`
`
`
`
`
`
`
` By: _________________________
` Majella A. Sutton, Deputy Clerk
` 504-310-7680
`
`Enclosure(s)
`
`cc w/encl:
`
`Mr. Shay Dvoretzky
`
`
`
`
`
`
`
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` Case: 19-60896 Document: 00515224447 Page: 4 Date Filed: 12/05/2019
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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.
`
`
` _________________
`
`
`
`
`Case No. 19-60896
`
`
`
`
`
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`HUAWEI TECHNOLOGIES USA, INCORPORATED; HUAWEI TECHNOLOGIES
`COMPANY, LIMITED,
`
` Petitioners
`
`v.
`
`FEDERAL COMMUNICATIONS COMMISSION; UNITED STATES OF AMERICA,
`
` Respondents
`
`
`