citing unpublished cases in federal district court

Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. 0000011602 00000 n Rule B10.1.2explains more on how to cite to the correct reporter. "Unpublished" Federal Appeals Court Decisions Decisions (from 2001 to date) issued by U.S. circuit courts of appeals that are not selected for publication in the Federal Reporter are published in the Federal Appendix. The correct Bluebook citation nowreflects itssubsequent history: Lawson v. FMR LLC,670 F.3d 61 (1st Cir. As a result, the full state court citation for the following case would not be, Alderson v. Fatlan, 898 N.E.2d 595 (Ill. 2008), Alderson v. Fatlan,231 Ill.2d 311, 898 N.E.2d 595 (2008). This Committee Note will refer to these dispositions collectively asunpublished opinions. Accordingly, citation of unpublished opinions in briefs, memoranda, and oral arguments in the trial and appellate divisions is disfavored, except for the purpose of establishing claim preclusion, issue preclusion, or the law of the case. Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. [5] California Rules of Court, rule 8.1105 Publication of Appellate Opinions: All opinions of the Supreme Court are published in the Official Reports. 0000007856 00000 n 0000021508 00000 n The Washington proposal uses the language from the federal rule to describe the various synonyms for "opinion" and "unpublished." [6] California Rules of Court, rule 8.1105(e). For the fiscal year 2017, in Division One of the Arizona Court of Appeals, a total of 621 civil cases were terminated, with only 69 (11%) by published opinion. [9] This Northern District of California rule must be read in concert with the controlling circuit rule noted above. Reporter abbreviation ("F. Under Rule 32.1(b), a party who cites an opinion of a federal court must provide a copy of that opinion to the court of appeals and to the other parties, unless that opinion is available in a publicly accessible electronic databasesuch as a commercial database maintained by a legal research service or a database maintained by a court. A citation to a case in the United StatesReports includes the following five elements: You may need to include a "pinpoint" citation, which is a citation tothe page(s) on which the specific material referenced appears. 0000015078 00000 n at the page number on which the material you citing to is located (at 115). After thecase name, the reporter citationincludes: 1. the volume number of the reporter in whichthe case is published; 2. the abbreviated name of the reporter;and. Rule B10.1.1provides the most important rules for correctly citing the name of a case. An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary action because it states reasons for a decision affecting the same defendant or respondent in another such action. trailer <]/Prev 89433/XRefStm 1677>> startxref 0 %%EOF 230 0 obj <>stream 0000008515 00000 n Y0TpktX`J6czf~%s3b`P*t0wX~!l> M o00:5B+|2)_f r}4#o0 "> endstream endobj 229 0 obj <>/Filter/FlateDecode/Index[19 160]/Length 27/Size 179/Type/XRef/W[1 1 1]>>stream 10-2240, 2012 U.S. App. [8] See Circuit Rules 36-3; Fed. It is recommended that the format set out by the Supreme Court of Ohio Writing Manual be used when submitting briefs or other documents to Ohio State Courts. (2) Applies an existing rule of law to a set of facts significantly different from those stated in published opinions; (8) Invokes a previously overlooked rule of law, or reaffirms a principle of law not applied in a recently reported decision; or 2d 1069, 1077 n.6 (N.D. Ill. 2013) ("[W]hether or not a district court case is reported has no impact on its ultimate authority or lack See Rule 10.8.1 (page 112) for information on . 0000017359 00000 n . 2015). Most of the time, you will cite a state case using a regional reporter citation. Other articles in this series examine differences in punitive damages, the jury system, evidentiary privileges, and class actions. Cummings Center for History of Psychology. For example, in the citationRoe v. Wade, 410 U.S. 113, 115 (1973), the pincite is 115. [9] N.D. Cal. Before 2016, a grant of review of an appellate opinion automatically depublished the opinion creating a minefield when looking to newly issued cases. Of particular importance are the following abbreviation rules: Read rulesB10.1.1 and B10.2(Short Form Citation) forother rules that must be followed when citing case names. (4) Advances a new interpretation, clarification, criticism, or construction of a provision of a constitution, statute, ordinance, or court rule; Aswith published/reported cases, you use Table 6 (case names), Table 7 (court names), and Table 10(geographical terms) for abbreviations. A final exception is citing unpublished California appellate opinions in federal court. (e) When review of published opinion has been granted. If the page numbers consist of three or more digits, you must drop any repetitive digits other than the last two digits, for example, 1195-96. Jurisdiction Tables and Abbreviations: Table T.1 50 West San Fernando Street,10thFloor If you are citing to the same exact page as the immediately preceding citation, simply cite "Id." The local rules of the Central, Eastern, and Southern Districts of California do not forbid citation of unpublished cases. (The abbreviated name of the state court's official reporter is always the same as the abbreviated name of the state's highest court. . The short form of Roe v. Wade if Roe v. Wade was cited in the immediately preceding citation: Id. Connecticut, Delaware, District of Columbia, Maine, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont, Illinois, Indiana, Massachusetts, New York, Ohio, Iowa, Michigan, Minnesota, Nebraska, North Dakota, South Dakota, Wisconsin, Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, Wyoming, Georgia, North Carolina, South Carolina, Virginia, West Virginia, Arkansas, Kentucky, Missouri, Texas, Tennessee. 2d" or "F. Supp. In all cases, citing an unpublished opinion requires attention to the rules followed by the court you're in. 0000000836 00000 n 0000004218 00000 n A court decision is considered "unreported" when a court decides not to include the decision in the published case reporter for the court. In the federal system, under Federal Rule of Appellate Procedure 32.1, unpublished decisions from and after January 1, 2007 may be cited as persuasive authority. Services Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 447, fn. Browse All U.S. Courts Opinions. The th in 4th should NOT be superscript (R6.2(b)). 2d 319 (D.N.J. The federal district court opinion in theLawson v. FMRLLCcase is properly citedas: Lawson v. FMR LLC, 724 F.Supp. The volume and page numbers for each unofficial reporter will be different than those found in the United States Reports. Cacayorin v. Derr Filing 7 ORDER DISMISSING PETITION UNDER 28 U.S.C. 0000034910 00000 n The court distinguishes between citing an unpublished opinion for its persuasive value rather than as precedent. (A) Unless otherwise ordered under (2): (A) An opinion is no longer considered published if the rendering court grants rehearing. B. Orders Amending Local Rules. If an unpublished case is not available in an electronic database and only available as a slip opinion, the citation is the same, except without the database identifier: United States v. Bennett,No. 0000003855 00000 n %PDF-1.4 % These are called "slip opinions." . 0000002388 00000 n For example, a court may not instruct parties that the citation of unpublished opinions is discouraged, nor may a court forbid parties to cite unpublished opinions when a published opinion addresses the same issue. Georgetown University Law Library. Rule 32. 7-14 or pursuant to a similar rule of any other issuing court, may not be cited to this Court, either in written submissions or oral argument, except when relevant under the doctrines of law of the case, res judicata or collateral estoppel. Second, the Committee decided to insert into the Committee Note references to the studies conducted by the Federal Judicial Center (FJC) and the Administrative Office (AO). [8] See Circuit Rules 36-3; Fed. Decisions of the United States District Courtsare usually found in the: There is a space between the single capital letter F.and the longer abbreviationSupp. Supp.) The Federal Appendix was a case law reporter published by West Publishing from 2001 to 2021. [2] In California state courts, unpublished opinions, with few exceptions, may not be cited. The elements of the Supreme Court Reporter cite are as follows: Unlike the Supreme Court, decisions from the nation's federal courts of appeal are not compiled in an official reporter; there is none. For purposes of citation to California authorities, this article follows the California Style Manual (4th ed. These guides may be used for educational purposes, as long as proper credit is given. 2d"). Citations may also includeother parenthetical informationand thesubsequent historyof the case, if necessary. As a matter of competence, lawyers who practice in state and federal courts should stay familiar with these differences. See Assem. [3] California Rules of Court, rule 8.1115 Citation of Opinions: Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (a)Criminal Cases. If you are citing to a different page of the immediately preceding citation, cite "Id. To cite to a case in the United States Reports, list the following five elements in order: New York Times Co. v. Tasini, 533 U.S. 483 (2001). (F. If a party cites a federal judicial opinion, order, judgment, or other written disposition that is not available in a publicly accessible electronic database, the party must file and serve a copy of that opinion, order, judgment, or disposition with the brief or other paper in which it is cited. As amended through January 27, 2023. Feb. 3, 2012). Proposed Local Rule Amendments. The Northern District of California prohibits citation of uncertified opinions. Click on the link below to search this system for an opinion or other . The citation of unpublished opinions issued before January 1, 2007, will continue to be governed by the local rules of the circuits. Rule 32.1 is a new rule addressing the citation of judicial opinions, orders, judgments, or other written dispositions that have been designated by a federal court as unpublished, not for publication, non-precedential, not precedent, or the like. andtheordinals2d and3d (F. Supp. Most courts allow citation to published opinions only. The Federal Reporter (ISSN 1048-3888) is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. There should be no spaces between the page numbers and the dash, for example, 83-84. Factors such as the workload of the court, or the potential embarrassment of a litigant, lawyer, judge, or other person should not affect the determination of whether to publish an opinion. In California state court, trial court opinions and unpublished California appellate opinions should not be cited. 2015). See also Rule 10.3.1. 2d and F. Supp. Italics is preferred. The list includes abbreviationsand indicates whichphrases should be followed by a comma. . [9] This Northern District of California rule must be read in concert with the controlling circuit rule noted above. 0000035560 00000 n 2255 is before the Court on federal prisoner Jeffrey T. . Federal authorities are cited using the Bluebook (20th ed. For example, the recent case Arellano v. Mcdonoughis not available in the U.S. Reports yet (as of 2/14/2023). 179 0 obj <> endobj xref 179 52 0000000016 00000 n MEMORANDUM AND ORDER This closed matter under 28 U.S.C. or "F. Supp. 2012),rev'd571 U.S. 429(2014). (July 10, 2001): Both here and in the trial court, the parties citeunpublishedout-of-state decisions favoring their respective positions. 0000002019 00000 n See Rules on Parallel Citations,Rule B10.1.3 at p. 14. 0000016373 00000 n 0000017261 00000 n 0000013890 00000 n 0000036225 00000 n To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. <> (b) Courts of Appeal and appellate divisions. After decision on review by the Supreme Court, unless otherwise ordered by the Supreme Court under (3), a published opinion of a Court of Appeal in the matter, and any published opinion of a Court of Appeal in a matter in which the Supreme Court has ordered review and deferred action pending the decision, is citable and has binding or precedential effect, except to the extent it is inconsistent with the decision of the Supreme Court or is disapproved by that court. A lawyer must exercise care when citing authority in either federal or state court. 295-303(Other U.S. Jurisdictions). Unpublished opinions issued from April 18, 2005 to present. 2010). 0000001386 00000 n DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Subsequent citation forms should use a short form of the citation. Thus, federal courts can be fair game -- unless the federal court has a specific rule against citing cases that may not be cited in their home jurisdiction. Aswith published/reported cases, you use, For example, In 2014, the United States Supreme Court. 543 (2023). Some circuits have freely permitted such citation, others have discouraged it but permitted it in limited circumstances, and still others have forbidden it altogether. Additionally, any filing that references a portion of a different Western District of Michigan case record shall be preceded with the 13-digit case number for that other case (e.g., 1:15-cv-99999 PageID.234).. References to the record by PageID, following the proper cite form, display to the reviewing judicial officer with an electronic link to the precise page of the record where the evidence . 0000035216 00000 n Ct. App.. [abbreviation corresponds to the Indiana Court of Appeals]. 2012). It does not dictate the circumstances under which a court may choose to designate an opinion as unpublished or specify the procedure that a court must follow in making that determination. Nevertheless, you will oftensee parallel citations to S. Ct. and L. Ed. Ct. R. 6. [5] These standards include a notable recent change. Digital Realty Tr., Inc. v. Somers, 138 S. Ct. 767 (2018). Like the federal courts of appeals, cases from the federal district courts are not compiled in an official reporter. (6) Involves a legal issue of continuing public interest; In some cases, a court decision may be "unpublished" if it is so new that it has yet to be published in the court reporter. . (5:11-cr-00286-D-1) 0000014514 00000 n Table T.1 includes the official names and legal citation abbreviations for federal and state reporters, and federal and state statutory compilations. at 115. His clients range from individuals and closely held businesses to Fortune 500 companies. 7-14 or pursuant to a similar rule of any other issuing court, may not be cited to this Court, either in written submissions or oral argument, except when relevant under the doctrines of law of the case, res judicata or collateral estoppel. (a) Citation Permitted. Supp.) [5] California Rules of Court, rule 8.1105 Publication of Appellate Opinions: All opinions of the Supreme Court are published in the Official Reports. 0000010042 00000 n 0000016020 00000 n Pursuant toRule 6.1(a), there is no space between adjacent single capital letters (e.g., U.S.), while there is a space between a single capital letter and a longer abbreviation (e.g.,S. Ct. and L. Following is a sum-mary table of the federal courts of appeals' local rules on . Federal courts have allowed citation of unpublished decisions since 2007. <> 2d) when citing U.S. District Court Cases: Glover v. Oppleman, 178 F. Supp. opinions of the same court, although not precedent, may be cited for persuasive reasoning. 3 0 obj United States Reportsis theofficialreporter of the Supreme Court, so you must citeto itwhen possible. Sess.) For purposes of citation to California authorities, this article follows the California Style Manual (4th ed. Note: These rules pertain to case captions only, and do not apply to case citations. (1) The Supreme Court may order that an opinion certified for publication is not to be published or that an opinion not certified is to be published. Federal Rule of Appellate Procedure 32.1 permits attorneys to cite to federal courts of appeals their unpublished opinions issued 2007 or later. In the Northern District of California, unpublished federal opinions predating 2007 may be used only in limited circumstances set forth in the local rules. stream R. App. Table 7 provides a list of explanatory phrases for prior and subsequent history. (A) Unless otherwise ordered under (2): (A) An opinion is no longer considered published if the rendering court grants rehearing. Pincites are placed after the page on which the case begins, separated by a comma and one space. or L. Ed. 2010), F. Supp. Online, Inc. v. Superior Court (2001) 90 Cal.App.4th 1, 6, fn.2, as mod. [4], The California standards for publication, and changes in publication status, are generally set out in California Rules of Court, rule 8.1105. [Former] Rule 977 of the California Rules of Court prohibits citation to our own state's unpublished opinions, thus we are hardly inclined to consider those of the Massachusetts Superior Court, federal district courts in Illinois and New York, or Florida trial courts and its Court of Appeal. Reports, Mass. [9] N.D. Cal. If you are writing a brief or memo, look at the Blue Pages, Rule B10 (Or apply the citation rules of the jurisdiction). Lawson v. FMR LLC, No. 0000001516 00000 n 2012). Civil Cases Superior Court Civil Rule 107(c)(4) provides that: The following shall be the form of citations: a. (2) Applies an existing rule of law to a set of facts significantly different from those stated in published opinions; California has no rule prohibiting the citation of unpublished out-of-state or unpublished federal opinions. Due to the time lag between the Court releasing a decision and the Printing Office's publication of that decision, however, it is possible that you may have to cite a Supreme Court case that does not yet have an official United States Reports cite. These tables give the various abbreviations for the U.S. Federal Courts including the U.S. Supreme Court, U.S. Court of Appeals and U.S. District Courts. 2000) 133 F.Supp.2d 1164, 1167-1168 [citing and relying on an unpub-lished Third Circuit case].) 3. the database identifier and electronic report number; Bill No. 0000016861 00000 n Lawson v. FMR LLC, No. [Omitted]) These references make clear that the arguments of Rule 32.1's opponents were taken seriously and studied carefully, but ultimately rejected because they were unsupported by or, in some instances, actually refuted by the best available empirical evidence. . Instead, all district court decisions are cited in West's Federal Supplement. (The studies are described below. A citation to a court of appeals case in the Federal Reporter includes the following six elements: Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. ([m]any of the bills specific provisions are drawn from recently enacted federal rules . Counsel's Request for Disclosure. For example, Eastern District is abbreviated by "E.D. (5)Addresses or creates an apparent conflict in the law; P. 32.1. 0000001854 00000 n Local Rules and Appendices. Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. On September 14, 2017, the Nevada Supreme Court issued an order amending Rule 36 of the Nevada Rules of Appellate Procedure (NRAP) so that unpublished opinions of the Nevada Court of Appeals can no longer be cited in court briefs. 0000009076 00000 n 0000023235 00000 n It does not require any court to issue an unpublished opinion or forbid any court from doing so. [2] In California state courts, unpublished opinions, with few exceptions, may not be cited. For instructions on how to cite a case generally, see Bluebook, The correct citation for federal cases has, The published source (volume, reporter & page number) where the case may be found; and. . (4th Cir. If you are citing to an authority that was not cited in the immediately preceding citation or you are citing to a case that was cited in the immediately preceding citation with another source, you will use a different short form. See Ohio Rules forReporting Opinions 3.2. The Court reversed the decision of the First Circuit Court of Appeals by rulingthatthewhistleblower statute's protection includes employees of a public company's private contractors and subcontractors. July 28, 2010). Subsequent citation forms should use a short form of the citation. Any comments, suggestions, or requests to republish or adapt a guide should be submitted using the, https://guides.ll.georgetown.edu/bluebook, Name of the case (underlined or italicized and abbreviated according to Rule 10.2), Reporter abbreviation (F., F.2d, or F.3d), Name of the court (abbreviated according to Rule 10.4), Reporter abbreviation ("F. In the Northern District of California, unpublished federal opinions predating 2007 may be used only in limited circumstances set forth in the local rules. Thus, the unofficial Supreme Court Reporter cite for Arellano is 143S.Ct. Rule 10.8.1 describes how to cite an unpublished case and there are examples in the chart at the beginning of Rule 10 (p. 95). hb``b``c`c`0g`@ k9pA Unpublished opinions or decisions shall not constitute controlling legal authority. McManis Faulkner var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. De-publishing non-precedential district court opinions. .). [3] This includes trial court opinions, which are by their nature not published, and have no precedential value. Cal.] 2000). Supp." 2884 (2013). Mozingo v. S. Fin. First page where the case can be found in the reporter and pinpoint page if required; Abbreviation for the state court where the case was decided (within parentheses); and. Public Request for Disclosure. Federal Rulemaking; Case Information. 0000015278 00000 n Citation of opinions (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. Since you will use the information in Table T.1 often throughout your legal career, you should take the time to become familiar with its content. Under Supreme Court Rule 7.04, you should not cite unpublished decisions unless it has persuasive value and would help the court. . . 05-CR-6050 CJS, 2005 WL 2709572 (W.D.N.Y. Get free summaries of new District of South . This reporter set currently has fourseries, F., F.2d, F.3d, and F.4th. The Minnesota Court of Appeals does occasionally find its reasoning in unpublished opinions to have "persuasive" value, and accordingly may cite them. Code citations are to California state codes, e.g., the California Evidence Code, unless otherwise specified. Federal rules provide that federal courts must allow parties to citeunpublished (or unreported) opinions issued on or after January 1, 2007. 1, 507 N.E.2d 742 (1987). For how to cite specific pages in unpublished opinions, see Rule 10.8.1(a) and 10.8.1(b). The correct citation for unpublished federal court opinions includes: 1. the case name; The Bluebook dictates that you cite to the Supreme Court Reporterover the United States Supreme Court Reports--Lawyers' Edition (Table 1, p. 233). 0000017831 00000 n 2001), F.3d [third series of the Federal Reporter], Like the federal courts of appeals, decisions from the nation's district courts are not compiled in an official reporter; there is none. short form. As a matter of strategy, when a party has the option to litigate in either forum, the differences may present a tactical edge. When citing an unpublished opinion or decision a party shall include an electronic citation indicating where the . An unpublished decision of the North Carolina Court of Appeals does not constitute controlling legal authority. When citing a U.S. Supreme Court case, you must cite to the official reporter, the United States Reports, if the case is published therein (Table 1, p.233). This article, comparing the rules for citing unpublished authorities, is one of a five-part series of articles highlighting particular differences in California versus federal civil procedure. In federal court, while the rules are more relaxed, the question of whether an opinion may be cited may turn on when and where the opinion was issued. Oct. 21, 2005). You need only cite a case in full the first time it is cited in a legal memo or brief. Bluebook Rule B10.1.4 and Rule 10.8.1 provide instructions and examples for citing "unreported"opinions in WestlawEdge and Lexis Advance. This document is a summary table of the federal courts of appeals' local rules on citations . Conforming changes were made to the Committee Note. The following chart summarizes Table T.1, including where to find reporter and reporter abbreviation information for all federal and state courts. While the non-citation rule prohibits citation to any unpublished opinion, judicial notice pursuant to California Evidence Code section 452(d)(1) may be made as to the "[r]ecords of any court of this state . Some district court cases also are unreported, which is a separate concept that has become largely irrelevant given the accessibility of most district court opinions online (see Calhoun v. Colvin, 959 F. Supp. UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LARRY RAY WARD, a/k/a Red, Defendant - Appellant. endobj The purpose of this guide is to introduce The Bluebook and basic concepts of legal citation to new law students. The Supreme Court website is the Ohio Official Reports for opinions of the courts of appeals and the Court of Claims as of July 1, 2012. A rule of the Eleventh Circuit (p. 147, Rule 36.2) explicitly provides that unpublished opinions are not binding precedent but "may be cited as persuasive authority." Citation conventions for cases from general federal litigation courts, including U.S. Supreme Court, Courts of Appeal and District Courts are listed, as well asthe rest of federal courts (such as specialized federal courts, including the U.S. Bankruptcy Court and the U.S. Tax Court). The Supreme Court may also order depublication of part of an opinion at any time after granting review. Feb. 3, 2012). San Jose, CA 95113 If a court of appealscase is published in the Federal Reporter, The Bluebook dictatesthat you cite to it(Table 1, p. 234). You should indicate the first and last page of the range separated by a single dash. Consult your state court's local rules to find out whether the parallel citation is necessary. As a matter of strategy, when a party has the option to litigate in either forum, the differences may present a tactical edge. 0000004829 00000 n Changes to decisions H\j0~ Case information is updated once an hour throughout the business day. Moreover, each district court falls under the jurisdiction of a circuit court, and the opinions of that circuit court will be binding on that district court. Any citation to the Court of Appeal opinion must also note the grant of review and any subsequent action by the Supreme Court. 5 (2009-2010 Reg. 4. the court and full date parenthetical. R|f ^`~3$!`? E!3@7+7Bn Civil L.R. Ohiorequires parallel citation. 0000018495 00000 n [10] See Am. 0000009606 00000 n Com. The volume and page numbers for each unofficial reporter will be different than those found in the official reporter. The difference between brief format and law review note format is mostly the typeface. 3-4(e) Prohibition of Citation to Uncertified Opinion or Order: Any order or opinion that is designated: NOT FOR CITATION, pursuant to [N.D.