Chan v. Ellis: Text of Letter to Submit Missing Briefs

August 25, 2014

The Supreme Court of Georgia
244 Washington Street
Room 572, State Office Annex Building
Atlanta, Georgia 30334

Attn: Therese Barnes, Clerk of the Court
Re: Chan v. Ellis, Docket No.: S14A 1652

Dear Ms. Barnes:

I am an attorney of record for the Appellant Matthew Chan in the case of Chan v. Ellis, Docket No. S14A1652. The Court has temporarily docketed this case for October 20, 2014. Yet, the Supreme Court’s Docket does not include two briefs that were submitted to the Court of Appeals: Appellant’s Reply Brief and the amicus brief of Timothy B. McCormack filed in support of Appellee.

When I called your office in Mid-July upon the case’s transfer from the Court of Appeals, I noted that these two briefs were missing and I was told that I must reach out to the Clerk’s Office for the Court of Appeals to advise them of the missing briefs. I have now done so twice and although I was assured by that office that the missing briefs would be sent to the Supreme Court, apparently they have not been sent.

In addition to my calling, the Appellant Matthew Chan called the Court on July 16, 2014 (prior to my admission pro hac vice in this case) and actually physically visited the Supreme Court Clerk’s Office on August 6, 2014, to see if the missing briefs had arrived; they had not.

I am therefore taking the liberty to upload at this time both the Appellant’s Reply Brief and the Amicus Brief in Support of Appellee. Appellee’s counsel is already in receipt of these two documents as they were part of the full Court of Appeals’ record below.

Thank you for your attention in this matter.

Sincerely,

OSCAR MICHELEN
Georgia Bar#:H10048

OM:sjk
cc: Elizabeth McBride – Page Scrantom; Timothy B. McCormack

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