SERVICE OF PANEL CONSOLIDATION ORDER

SERVICE OF PANEL CONSOLIDATION ORDER (a) The Clerk of the Panel shall serve the Panel’s consolidation order on the affected agency through the individual or individuals, as identified in Rule 25.2(a), who submitted the notice of multicircuit petitions for review on behalf of the agency. (b) That individual or individuals, or anyone else designated by the agency, shall promptly serve the Panel’s consolidation order on all other parties in all petitions for review included in the Panel’s consolidation order, and shall promptly submit a proof of that service to the Clerk of the Panel. Rule 25.3 governs service. (c) The Clerk of the Panel shall serve the Panel’s consolidation order on the clerks of all circuit courts of appeals that were among the candidates for the Panel’s random selection. RULE 25.7: MOTION PRACTICE (a) Motion for Reconsideration of Consolidation Order. A party to a petition for review subject to a consolidation order may file a motion seeking reconsideration of the consolidation order. Such motion must be filed within 7 days of the Clerk of the Panel issuing the consolidation order. Upon the filing of a motion for reconsideration, the Clerk of the Panel shall issue an order staying the consolidation order until the Panel decides the motion for reconsideration. (b) Motion for Reconsideration of Clerk’s decision not to issue a Consolidation Order. If the Clerk of the Panel determines that a notice of multicircuit petitions for review does not comply with the requirements of these Rules or 28 U.S.C. § 2112(a), the Clerk shall issue a minute order stating that the Panel will not issue a consolidation order. Any party to a petition for review subject to the notice of multicircuit petitions for review may file a motion seeking reconsideration. Such motion must be filed within 7 days of the Clerk of the Panel issuing the minute order. (c) Other Motions. No motion challenging the sufficiency of a notice of multicircuit petitions for review shall be filed before the Clerk of the Panel either (i) issues a consolidation order, or (ii) issues a minute order stating that a consolidation order will not issue. Motions for miscellaneous relief, including but not limited to requests for extensions of time or page limit extensions, are governed by Rule 6.3(b). (d) Form of Motions. All motions shall briefly describe the action or relief sought and shall include: - 19 - (i) a brief which concisely states the background of the litigation and movant’s factual and legal contentions; (ii) proof of service; and (iii) exhibits, if any, identified by number or letter and a descriptive title. (e) Corporate Disclosure Statement. A nongovernmental corporate party must file a disclosure statement that (1) identifies any parent corporation and any publicly held corporation 10% or more of it; or (2) states that there is no such corporation. A party shall file the corporate disclosure statement within 14 days of the filing of a motion for reconsideration under this Rule. Each party must promptly update its corporate disclosure statement to reflect any change in the information therein until the matter before the Panel is decided. (f) Notice of Appearance. Within 14 days of the filing of a motion for reconsideration under this Rule, each party or designated attorney shall file a Notice of Appearance in accordance with Rule 4.1(c). (g) Responses. Any other party may file a response within 21 days after the filing of a motion under this Rule. Failure to respond to a motion shall be treated as that party’s acquiescence to it. (h) filing a response. Replies. The movant may file a reply within 7 days after the lapse of the time period for (i) Alteration of Time Periods and Page Limits. The Clerk of the Panel has the discretion to shorten or enlarge the time periods and page limits set forth in these Rules as necessary. - 20 -