Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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"dismissal is proper only when bad faith, negligence or indifference has been shown. Id. (Petition, pp. 10-11). Even the authority cited by Petitioner concedes that "consistently dilatory conduct," is sufficient to warrant dismissal. Id. Here, after Petitioner still had not filed an appropriate appendix more than a year after commencing the appeal, dismissal was appropriate based on such dilatory conduct. See id. 23
CONCLUSION AND RELIEF SOUGHT For all of the reasons set forth above, Respondent <strong>Bausch</strong> & <strong>Lomb</strong>, Inc. respectfully requests that the Court deny the Petition for Writ of Certiorari. 24
Page 1 and 2: Ogletree Deakins Karen M. Morinelli
Page 3 and 4: QUESTIONS PRESENTED I. D o Federal
Page 5 and 6: QUESTIONS PRESENTEDi TABLE OF CONTE
Page 7 and 8: Federal Rule of Appellate Procedure
Page 9 and 10: JURISDICTION Ramirez's Petition for
Page 11 and 12: STATUTORY PROVISIONS AND RULES INVO
Page 13 and 14: After remand, the district court ag
Page 15 and 16: and to "find that the circumstances
Page 17 and 18: On November 21, 2016, Ramirez sough
Page 19 and 20: filing by either party hence, the a
Page 21 and 22: 2587, 542 U.S. 367, 381 (2004) (cit
Page 23 and 24: F.3d 1337, 1341 n.2 (11th Cir. 2011
Page 25 and 26: Simply calling a document a motion
Page 27 and 28: motion to set aside the dismissal a
Page 29: (Petition, p. 11). Nevertheless, th
Page 33 and 34: NO. 16-7880 IN THE SUPREME COURT OF
Page 35 and 36: Dated March 13, 2017. Respectfully
Page 37 and 38: Case: 12-14679 Date Filed: 12/17/20
Page 39 and 40: R.A. 4 Case: 12-14679 Date Filed: 0
Page 41 and 42: P A Case: 12-14679 Date Filed: 01/0
Page 43 and 44: PA R Case: 12-14679 Date Filed: 01/
Page 45 and 46: D A 1 A Case: 12-14679 Date Filed:
Page 53 and 54: Qase: 15-11914 IDAte [CASE: 15-1191
Page 55 and 56: 'RES UNITED STATES 1 POSTAL SERVICF
Page 57 and 58: The order of the United States Cour
Page 59 and 60: A No IN THE SUPREME COURT OF THE UN
Page 61 and 62: 1) A ')4 Rule 31-2. Briefs and Appe
Page 63 and 64: 0 A 1 4 Rule 42-2. Dismissal in a C
Page 65 and 66: U.S.C. Title 28- JUDICIARY AND JUDI
Page 81 and 82:
U.S.C. Title 28- JUDICIARY AND JUDI
Page 83 and 84:
Page 85 and 86:
Page 87:
Tampa, FL 33602 Telephone: (813) 28
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Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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