Murphy v. Schaible, et al
| SCHAIBLE, RUSSO & COMPANY, C.P.A.'S, L.L.P. |
| DIANNA CHRISTINE MURPHY |
| THOMAS SCHAIBLE |
| 22-1421 |
| December 5, 2022 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Personal Injury |
Docket Report
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| [11042030] Order filed by Clerk of the Court appellee's unopposed motion for 28-day extension of time to file brief of appellee to 12/07/2023 for Dianna Christine Murphy. Served on 11/06/2023. Text only entry - no attachment. [22-1421] [Entered: 11/06/2023 09:10 AM] |
| [11041956] Motion filed by Appellee Dianna Christine Murphy to extend time to file appellee/respondent's brief until 12/07/2023. Served on: 11/04/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] ATG [Entered: 11/04/2023 09:00 AM] |
| [11040823] Entry of appearance filed by Mr. Anthony Todd Golz for Dianna Christine Murphy. CERT. OF INTERESTED PARTIES: y. Served on 10/31/2023. Manner of Service: email. [22-1421] [Entered: 10/31/2023 04:20 PM] |
| [11040816] Entry of appearance submitted by Anthony T. Golz for Appellee Dianna Christine Murphy for court review. Certificate of Interested Parties: Yes. Served on 10/31/2023. Manner of Service: email. [22-1421]--[Edited 10/31/2023 by KLP to delete the attachment; entry filed.] ATG [Entered: 10/31/2023 04:11 PM] |
| [11036523] Paper copies of appellant's brief and appendix received from Thomas Schaible. [22-1421] [Entered: 10/13/2023 11:56 AM] |
| [11035261] Minute order filed - Appellant's brief and appendix is accepted for filing. Paper copies shall be filed with the court within 5 business days (10/17/23) of this order. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes filed for appendices. Appellee's brief due 11/09/2023 for Dianna Christine Murphy. (Text Only - No Attachment) [22-1421] [Entered: 10/10/2023 08:56 AM] |
| [11035196] Appellant's appendix filed by Thomas Schaible. Total number of volumes filed: 8. Served on 10/09/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 10/09/2023 09:49 PM] |
| [11035197] Appellant/Petitioner's brief filed by Thomas Schaible. Served on 10/09/2023 by email. Oral argument requested? Yes. Word/page count: 12265. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 10/09/2023 11:31 PM] |
| [11030178] Order filed by Clerk of the Court - granting first unopposed motion to extend time to file apet brief (14 days). Appellant's brief and appendix due on 10/10/2023 for Thomas Schaible. Served on 09/20/2023. Text only entry - no attachment. [22-1421] [Entered: 09/20/2023 06:25 AM] |
| [11030171] Motion filed by Appellant Thomas Schaible to extend time to file appellant/petitioner's brief until 10/10/2023. Served on: 09/19/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 09/19/2023 11:09 PM] |
| [11020680] Minute order filed - Notice due that record is complete by 08/21/2023 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [22-1421] [Entered: 08/14/2023 10:30 AM] |
| [11020754] Filed notice record is complete. Served on 08/14/2023. Appellant brief and appendix due on 09/25/2023 for Thomas Schaible. [22-1421] [Entered: 08/14/2023 12:40 PM] |
| [11011484] Amended notice of appeal filed. [22-1421] [Entered: 07/07/2023 11:48 AM] |
| [11010999] Supplemental preliminary record filed. Contents: Final judgment, orders, motions. [22-1421] [Entered: 07/06/2023 07:58 AM] |
| [11010802] Order filed by Clerk of the Court lifting the abatement of this appeal; directing that transcript be filed by 08/04/2023. Served on 07/05/2023. (See the attachment for the order.) [22-1421] [Entered: 07/05/2023 02:10 PM] |
| [11010116] Status report filed by Thomas Schaible. Served on 06/30/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 06/30/2023 03:00 PM] |
| [11005182] Status report filed by Thomas Schaible. Served on 06/09/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 06/09/2023 11:39 AM] |
| [11005317] Order filed by Clerk of the Court. - This matter is before the court on Appellants June 9, 2023 status report. Upon consideration, the abatement is continued. Appellant shall file another status report by July 10, 2023, notifying this court as to the status of the post-trial motions. If the district court rules before that time, Appellant shall notify this court in writing forthwith. Status report due 07/10/2023 by Thomas Schaible. Served on 06/09/2023. Text only entry - no attachment. [22-1421] [Entered: 06/09/2023 03:13 PM] |
| [10998265] Status report filed by Thomas Schaible. Served on 05/10/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 05/10/2023 01:49 PM] |
| [10998311] Order filed by Clerk of the Court - This matter is before the court on Appellants May 10, 2023 status report. Upon consideration, the abatement is continued. Appellant shall file another status report by June 9, 2023, notifying this court as to the status of the post-trial motions. If the district court rules before that time, Appellant shall notify this court in writing forthwith. Served on 05/10/2023. Text only entry - no attachment. [22-1421] [Entered: 05/10/2023 02:57 PM] |
| [10990063] Minute order filed - This matter is before the court on Appellant's April 10, 2023 status report indicating that the district court has still not ruled on Appellee's pending motion for prejudgment interest and entry of judgment (Doc No. 341) and Appellant's pending motion for judgment as a matter of law pursuant to Fed. R. Civ. R. 50(b) (Doc. No. 349). Upon consideration, the abatement of this appeal is continued pending the district court's decision on the post-trial motions. Appellant shall file another status report by May 10, 2023, notifying this court as to the post-trial motions. If the District Court rules before that time, Appellant shall notify this court in writing forthwith. Status report now due 05/10/2023 by Thomas Schaible. (Text Only - No Attachment) [22-1421] [Entered: 04/10/2023 11:22 AM] |
| [10989988] Status report filed by Thomas Schaible. Served on 04/10/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 04/10/2023 08:59 AM] |
| [10982536] Status report filed by Thomas Schaible. Served on 03/10/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 03/10/2023 10:11 AM] |
| [10982713] Minute Order filed by Clerk of the Court - This matter is before the court on Appellants March 10, 2023 status report. Upon consideration, the abatement is continued. Appellant shall file another status report by April 10, 2023, notifying this court as to the status of the post-trial motions. If the district court rules before that time, Appellant shall notify this court in writing forthwith. Served on 03/10/2023. Text only entry - no attachment. [22-1421] [Entered: 03/10/2023 03:23 PM] |
[10975812] Order filed by Judges Tymkovich, McHugh and Eid denying as moot, petition for rehearing en banc filed by Appellant Thomas Schaible. Pursuant to Fed. R. App. P. 40, the petition for rehearing is granted as set forth herein. TEXT ONLY ENTRY. See the next order filed entry for details. [22-1421] [Entered: 02/09/2023 10:34 AM]
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[10975814] Order filed by Judges Tymkovich, McHugh and Eid. This matter is before the court on appellant's corrected petition for en banc review and rehearing. Petition for rehearing is granted as set forth herein. The court's order of 1/17/2023 dismissing the appeal is vacated, and the appeal is reinstated. Accordingly, request for rehearing en banc is denied as moot. Status report due 03/13/2023 by Thomas Schaible. Served on 02/09/2023. [22-1421] Please see order for additional important details.--[Edited 02/13/2023 by LG to correct typo] [Entered: 02/09/2023 10:41 AM]
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| [10973598] Notice of deficient petition for rehearing and rehearing en banc received from Thomas Schaible.Type of deficiency: Decision not attached Corrected petition for rehearing and rehearing en banc due 02/06/2023 for Thomas Schaible. [22-1421] [Entered: 02/01/2023 09:02 AM] |
| [10973737] Corrected petition for rehearing, for rehearing en banc filed by Thomas Schaible. Served on 02/01/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421]--[Edited 02/01/2023 by LG to show as corrected] KB [Entered: 02/01/2023 12:54 PM] |
| [10973515] Petition for rehearing, for rehearing en banc filed by Thomas Schaible. Served on 01/31/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. --[Edited 02/01/2023 by SDS to cite as deficient] [22-1421] KB [Entered: 01/31/2023 11:11 PM] |
| [10969750] Jurisdictional Defect; Procedural termination after other judicial action; Written, unsigned, unpublished; Judges Tymkovich, McHugh and Eid. [22-1421] [Entered: 01/17/2023 03:05 PM] |
| [10967096] Response filed by Thomas Schaible to December 20, 2022 Show Cause Order. Served on 01/04/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1421] KB [Entered: 01/04/2023 11:23 PM] |
| [10964912] Transcript order form filed by Ms. Mary J. George and Transcript due 02/21/2023 for Mary J. George. [22-1421] [Entered: 12/23/2022 12:30 PM] |
| [10964129] Order filed by Clerk of the Court vacating the 12/19/2022 abatement order, however proceedings remain suspended pending further order of this court. Response to the attached show cause order due on 01/04/2023 for Thomas Schaible. See order for details. Served on 12/20/2022. --[Edited 12/20/2022 by SDS to correct text] [22-1421] [Entered: 12/20/2022 04:30 PM] |
| [10963283] Minute order filed - Transcript order form due 12/30/2022 for Mary J. George. (Text Only - No Attachment) [22-1421] [Entered: 12/19/2022 06:08 AM] |
| [10963664] VACATED Order filed by Clerk of the Court. This matter is before the court sua sponte. A review of the docketing statement has revealed a pending motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b). As a result, the appeal is abated. Within 5 days after the district court enters its order disposing of the motion, the clerk of the district court is directed to supplement the preliminary record in accordance with 10th Cir. R. 3.2(B). Served on 12/19/2022. --[Edited 12/20/2022 by SDS vacated per the court's 12/20/2022 order] [22-1421] [Entered: 12/19/2022 03:48 PM] |
| [10963259] Acknowledgment of transcript order filed by Thomas Schaible. Transcript ordered: May 31, 2022 - June 7, 2022. Served on: 12/16/2022. Manner of Service: email. [22-1421] KB [Entered: 12/16/2022 04:42 PM] |
| [10963269] Docketing statement filed by Thomas Schaible. Served on 12/16/2022. Manner of Service: email. [22-1421] KB [Entered: 12/16/2022 05:16 PM] |
| [10962420] Entry of appearance filed by Mr. Cory M. Curtis, Esq. for Dianna Christine Murphy. CERT. OF INTERESTED PARTIES: y. Interested parties are already listed in the appeal. Served on 12/14/2022. Manner of Service: email [22-1421] [Entered: 12/14/2022 11:24 AM] |
| [10962418] Entry of appearance submitted by Cory M. Curtis for Appellee Dianna Christine Murphy for court review. Certificate of Interested Parties: Yes. Served on 12/14/2022. Manner of Service: email. [22-1421]--[Edited 12/14/2022 by LG to remove PDF from entry, as pleading was filed on 12/14/2022] CMC [Entered: 12/14/2022 11:19 AM] |
| [10960583] Entry of appearance submitted by Hilary Dawn Wells and Kendra Nychel Beckwith of Lewis Roca Rothgerber Christie LLP for Appellant Thomas Schaible for court review. Certificate of Interested Parties: Yes. Served on 12/08/2022. Manner of Service: email. [22-1421] --[Edited 12/08/2022 by AT to remove PDF as pleading was filed on 12/8/22.] HDW [Entered: 12/08/2022 11:58 AM] |
| [10960630] Entry of appearance filed by Ms. Kendra Beckwith and Ms. Hilary D. Wells, Esq. for Thomas Schaible. CERT. OF INTERESTED PARTIES: y (The parties listed are or were counsel of record). Served on 12/08/2022. Manner of Service: email. [22-1421] [Entered: 12/08/2022 01:22 PM] |
| [10959581] Civil case docketed. Preliminary record filed. DATE RECEIVED: 12/05/2022. Docketing statement, transcript order form and entry of appearance due 12/19/2022 for Thomas Schaible. Notice of appearance due on 12/19/2022 for Dianna Christine Murphy. [22-1421] [Entered: 12/05/2022 11:13 AM] |
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