“First, rather than summarizing the relevant facts and procedural history in the ‘statement of facts’ section of its opening brief, ARP includes numerous reasons it believes the court’s rulings were improper,” Judge Michael J. Brown wrote for the court. “This tactic violates our appellate rules and needlessly injects uncertainty into the briefing process by leaving opposing counsel and this court to sort through a muddled presentation to discern what arguments have been fairly presented.”