Replies

Appellant Col. Gregory S. Hollister requests leave of this Honorable Court to withdraw certain materials filed in his own appeal (09-5080) on September 23, 2009, specifically, Docket Entry ID 1207877 (a motion for judicial notice) and its supporting materials denominated as Attachments 1-3, Attachment 4, and Attachments 5-6. (See also “Docket Part(s) Added: 2753598, 2753600”.) We apologize to this Court, to the Appellees, and to counsel for their having been filed for Appellant Hollister instead of for Appellant Hemenway alone. They were filed only as a result of a lack of communication with attorney Lawrence J. Joyce who, immediately prior to the filing of these materials, had become responsible for Appellant Hollister’s portion of this appeal; these materials in fact should have been filed only on behalf of John Hemenway himself, the attorney who filed these Case: 09-5080 Document: 1208531 Filed: 09/28/2009 Page: 1 materials with this Court, for his own, consolidated appeal in this case (09-5161). Appellant Hollister makes no request to withdraw these materials as they pertain to John Hemenway’s appeal of the reprimand issued against him by the District Court in this case. For the aforementioned reasons, Appellant Hollister moves for leave to withdraw these materials from his appeal in this case (09-5080) or, in the alternative, for this Court to disregard such materials and to decline to consider them with respect to his own appeal.
Respectfully submitted,
Dated: September 28, 2009 _____________________
Lawrence J. Joyce

According to that "Admin" comment, John Heminway was the sponsoring Attorney for Larry Joyce and Phil Berg in the D.C. District court. Apparently, sometime within the time frame of these filings, Attorney Joyce was admitted to practice law in the D.C. court system. Furthermore, they allege "Larry's Brief makes a much stronger argument than that of John Heminway."