Thread by @smmarotta

Here it is! The big Multicircuit Lottery step-by-step thread for what will happen tomorrow! For all of those on the edge of your seat/prewriting articles!

#AppellateTwitter

1. OSHA will e-file what is called a "Notice of Multicircuit Petitions for Review" with the JPML. It will include as appendicies a schedule of all lottery-compliant petitions (which may not be all petitions) and copies of each. It will be docketed as MCP 165.

2. OSHA will file copies of the Notice in all of the circuits where petitions for review are pending and on counsel for all parties to the petitions for review.

3. The JPML will fire up the drum and ping-pong balls and draw a circuit at random. Note that although the JPML is made up of judges, this process is run entirely by the Panel Clerk's Office, who will have a "selector" and "witness" for the drawing.

4. The selector and witness will prepare an order on behalf of the Panel directing that the petitions for review be filed in the selected circuit and that the agency record be filed in that circuit. It will look like this.

5. The only reason the judges of the Panel would get involved is if someone moved to strike the notice on the ground that a circuit was incorrectly included (or omitted) from the lottery. Assuming everyone at OSHA and DOJ does their job right, that is unlikely.

6. The Panel will place the consolidation order on the docket and direct OSHA to serve the consolidation order on the parties to the petitions for review. The Panel will also post the order on its website here:

jpml.uscourts.gov/sites/jpml/fil…

7. OSHA will file the consolidation order in the circuits where the petitions for review are pending and formally ask the non-selected circuits to transfer their pending petitions to the selected circuit.

8. The transferor circuits will enter transfer orders doing so, the dockets will be transferred by CM/ECF to the selected circuit, and we will be off to the races in the selected circuit, starting with a DOJ motion to lift the CA5 stay if CA5 is not selected.

Note that this is all going to happen quickly. The Panel will, in all likelihood, hold the lottery immediately after docketing the Notice of Multicircuit Petitions for Review.

So there will be a lot of electronic paper shuffling tomorrow, but I am sure DOJ has drafts of everything ready to go, including the motion to lift the stay, so it can hit the ground running in the newly selected circuit, especially if it's not CA5.

(If other than CA5 is selected, It's unclear whether the motion to lift the stay is in order as soon as the Panel enters its consolidation order or when CA5 enters its transfer order. Either way, DOJ should be filing soon.)

Questions? Things I missed? You know where to find me.