United States Court of AppealsFOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 15-1149 September Term, 2014SEC-80FR21806

Filed On: July 17, 2015 [1563106]

Monica J. Lindeen, Montana State Auditor,ex officio Montana Commissioner ofSecurities and Insurance,

Petitioner

v.

Securities and Exchange Commission,

Respondent

------------------------------

Consolidated with 15-1150

O R D E R

It is ORDERED, on the court's own motion, that the following briefing schedulewill apply in this case:

Petitioners' Brief August 26, 2015

Respondents Brief September 25, 2015

Amicus Curiae for Respondent's Brief October 13, 2015

Petitioners' Reply Brief October 27, 2015

Deferred Appendix November 3, 2015

Final Briefs November 17, 2015

All issues and arguments must be raised by petitioners in the opening brief. Thecourt ordinarily will not consider issues and arguments raised for the first time in thereply brief.

The court reminds the parties that

In cases involving direct review in this court of administrative actions, the brief of

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United States Court of AppealsFOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 15-1149 September Term, 2014

the appellant or petitioner must set forth the basis for the claim of standing. . . .When the appellant's or petitioner's standing is not apparent from theadministrative record, the brief must include arguments and evidenceestablishing the claim of standing.

See D.C. Cir. Rule 28(a)(7).

To enhance the clarity of their briefs, the parties are cautioned to limit the use ofabbreviations, including acronyms. While acronyms may be used for entities andstatutes with widely recognized initials, briefs should not contain acronyms that are notwidely known. See D.C. Circuit Handbook of Practice and Procedures 41 (2015); NoticeRegarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

Parties are strongly encouraged to hand deliver the paper copies of their briefs tothe Clerk's office on the date due. Filing by mail could delay the processing of the brief.Additionally, parties are reminded that if filing by mail, they must use a class of mail thatis at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs andappendices must contain the date that the case is scheduled for oral argument at thetop of the cover, or state that the case is being submitted without oral argument. SeeD.C. Cir. Rule 28(a)(8).

FOR THE COURT:Mark J. Langer, Clerk

BY: /s/Michael C. McGrailDeputy Clerk

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United States Court of AppealsDistrict of Columbia Circuit

Washington, D.C. 20001-2866

Mark J. Langer General InformationClerk (202) 216-7000

NOTICE TO COUNSEL:

SCHEDULING ORAL ARGUMENT

The court has entered an order setting a briefing schedule in a case in which you arecounsel of record. Once a briefing order has been entered, the case may be set for oralargument. Typically, the argument date will be a minimum of 45 days after briefing iscompleted.

You will be notified by separate order of the date and time of oral argument. Once acase has been calendared, the Clerks Office cannot change the argument date, and the courtwill not ordinarily reschedule it. Any request to reschedule must be made by motion, whichwill be presented to a panel of the court for disposition. The court disfavors motions topostpone oral argument and will grant such a motion only upon a showing of extraordinarycause. See D.C. Cir. Rule 34(g).

If you are the arguing counsel and you know you will be unavailable to appear for oralargument on a date in the future, so advise the Clerks Office by letter, filed electronically, witha copy to opposing counsel. The notification should be filed as soon as possible and updated ifa potential scheduling conflict later arises or if there is any change in availability. To theextent possible, the Clerks Office will endeavor to schedule oral argument to avoid conflictsthat have been brought to the courts attention in advance.

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15-115007/17/2015 - Order Sent, p.107/17/2015 - Notice sent, p.3