File DORs for IMR Appeals

Applicant attorneys are distraught that, many times, they can’t file DORs for their IMR Appeals because the matter is already on calendar for something else. Some judges essentially said there’s nothing that could be done in this situation, aside from potentially taking the other issue off-calendar, which may or may not be allowed, depending on which issue the Judge believes takes priority. In the right case, then, it may make sense to keep an issue on-calendar for as long as necessary in order to attempt to block the applicant attorney from filing a DOR on an IMR Appeal issue. By the time an AA could get his or her IMR Appeal heard, the issue may be moot.