Leachco v. Consumer Product Safety Commission, et al
| LEACHCO, INC. |
| CONSUMER PRODUCT SAFETY COMMISSION, ALEXANDER HOEHN-SARIC, Chair of the Consumer Product Safety Commission, DANA BAIOCCO, Commissioner of the Consumer Product Safety Commission, MARY T. BOYLE, Commissioner of the Consumer Product Safety Commission, PETER A. FELDMAN, Commissioner of the Consumer Product Safety Commission and RICHARD TRUMKA, Commissioner of the Consumer Product Safety Commission |
| 22-7060 |
| December 6, 2022 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Statutory Actions |
Docket Report
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[10973138] Order filed by Judges Hartz and Matheson - Appellant's motion for an injunction pending appeal is denied. We also deny Leachcos alternative request to expedite the appeal. Served on 01/30/2023. [22-7060] [Entered: 01/30/2023 02:50 PM]
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| [10970753] Paper copies of appellant's brief and appendix received from Leachco, Inc. [22-7060] [Entered: 01/20/2023 12:27 PM] |
| [10969865] Minute order filed - The brief and appendix submitted by appellant are accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes filed for appendices. Appellees' brief now due 02/16/2023 for Peter A. Feldman, Richard Trumka, Mary T. Boyle, Alexander Hoehn-Saric, Consumer Product Safety Commission, and Dana Baiocco. Paper copies of appellant's brief and appendix due 01/25/2023 by Leachco, Inc.. (Text Only - No Attachment) [22-7060] [Entered: 01/18/2023 07:01 AM] |
| [10969839] Appellant's appendix filed by Leachco, Inc.. Total number of volumes filed: 1. Served on 01/17/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-7060] OJD [Entered: 01/17/2023 05:27 PM] |
| [10969838] Appellant/Petitioner's brief filed by Leachco, Inc.. Served on 01/17/2023 by email. Oral argument requested? Yes. Word/page count: 10636. This pleading complies with all required privacy and virus certifications: Yes. [22-7060] OJD [Entered: 01/17/2023 05:22 PM] |
| [10965387] Reply filed by Leachco, Inc. to Appellant's Motion for Injunction Pending Appeal, or, in the Alternative, for Expedited Consideration. Served on 12/27/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-7060] OJD [Entered: 12/27/2022 09:12 PM] |
| [10964677] Response filed by Dana Baiocco, Mary T. Boyle, Consumer Product Safety Commission, Peter A. Feldman, Alexander Hoehn-Saric and Richard Trumka to Plaintiff-Appellant Leachco, Inc.'s Motion of Injunction Pending Appeal. Served on 12/22/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-7060] JMS [Entered: 12/22/2022 12:45 PM] |
| [10961557] This matter is before the court sua sponte in preparation for the January 1, 2023 implementation of Tenth Circuit Rule 26.1, which requires Fed. R. App. P. 26.1 disclosures to be made via a separately filed Tenth Circuit Form 4 instead of in the parties' briefs. Within 7 days of the date of this order, all non-governmental corporate entities in civil appeals (including movants, intervenors, and amici), and the government and any corporate defendants in criminal appeals, shall complete and e-file Form 4, which is available on the forms page of the court's website. The aforementioned parties must file Form 4 even if they already filed a brief that includes Fed. R. App. P. 26.1 disclosures and/or have nothing to disclose. Counsel representing more than one party may file one Form 4 for all represented parties. Form 4 should be filed using the Rule 26 Disclosure Statement event in CM/ECF. Disclosure statement due on 12/20/2022 for Leachco, Inc.. [22-7060] [Entered: 12/13/2022 08:58 AM] |
| [10961881] Rule 26 Disclosure Statement filed by Leachco, Inc.. More than 50 parties disclosed: no. Served on 12/13/2022. Manner of Service: email. [22-7060] OJD [Entered: 12/13/2022 11:47 AM] |
| [10961991] Order filed by Clerk of the Court. Appellees' shall file a response to appellant's motion for injunction pending appeal or for expedited consideration on or before 12/23/2022. (Response due on 12/23/2022 for Dana Baiocco, Mary T. Boyle, Consumer Product Safety Commission, Peter A. Feldman, Alexander Hoehn-Saric and Richard Trumka.) Served on 12/13/2022. [22-7060] [Entered: 12/13/2022 01:06 PM] |
| [10962015] Entry of appearance filed by Daniel J. Aguilar for Richard Trumka, Alexander Hoehn-Saric, Peter A. Feldman, Consumer Product Safety Commission, Mary T. Boyle and Dana Baiocco. CERT. OF INTERESTED PARTIES: n. Served on 12/13/2022. Manner of Service: email. [22-7060] [Entered: 12/13/2022 01:28 PM] |
| [10961147] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. ZoomGov conference scheduled for 12/23/2022 at 9:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [22-7060] [Entered: 12/12/2022 11:17 AM] |
| [10961415] Motion filed by Appellant Leachco, Inc. for injunction pending appeal, to expedite case. Served on: 12/12/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-7060] OJD [Entered: 12/12/2022 05:55 PM] |
| [10961089] Entry of appearance filed by Mr. Joshua Marc Salzman for Richard Trumka, Alexander Hoehn-Saric, Peter A. Feldman, Consumer Product Safety Commission, Mary T. Boyle and Dana Baiocco. CERT. OF INTERESTED PARTIES: n. Served on 12/12/2022. Manner of Service: email. [22-7060] [Entered: 12/12/2022 09:41 AM] |
| [10961066] Entry of appearance submitted by Joshua M. Salzman for Appellees Dana Baiocco, Mary T. Boyle, Consumer Product Safety Commission, Alexander Hoehn-Saric and Richard Trumka for court review. Certificate of Interested Parties: No. Served on 12/12/2022. Manner of Service: email. [22-7060]--[Edited 12/12/2022 by KLP to delete the attachment; entry filed.] JMS [Entered: 12/12/2022 09:21 AM] |
| [10960676] Entry of appearance submitted by Frank D. Garrison for Appellant Leachco, Inc. for court review. Certificate of Interested Parties: Yes. Served on 12/08/2022. Manner of Service: email. [22-7060]--[Edited 12/08/2022 by JM PDF removed filed 12/8/22] FDG [Entered: 12/08/2022 01:56 PM] |
| [10960680] Entry of appearance submitted by John F. Kerkhoff for Appellant Leachco, Inc. for court review. Certificate of Interested Parties: Yes. Served on 12/08/2022. Manner of Service: email. [22-7060] --[Edited 12/08/2022 by SLS to remove PDF from docket entry as the document has been filed.] JK [Entered: 12/08/2022 01:58 PM] |
| [10960673] Minute order filed - Notice due that record is complete by 12/15/2022 for Bonnie Hackler, Clerk of Court. (Text Only - No Attachment) [22-7060] [Entered: 12/08/2022 01:55 PM] |
| [10960665] Notice received from Leachco, Inc. that a transcript is not necessary for this appeal. Served on: 12/08/2022. Manner of Service: email [22-7060] OJD [Entered: 12/08/2022 01:50 PM] |
| [10960658] Entry of appearance submitted by Oliver J. Dunford for Appellant Leachco, Inc. for court review. Certificate of Interested Parties: Yes. Served on 12/08/2022. Manner of Service: email. [22-7060] --[Edited 12/08/2022 by SLS to remove PDF from docket entry as the document has been filed.] OJD [Entered: 12/08/2022 01:47 PM] |
| [10960660] Docketing statement filed by Leachco, Inc.. Served on 12/08/2022. Manner of Service: email. [22-7060] OJD [Entered: 12/08/2022 01:47 PM] |
| [10960688] Entry of appearance submitted by Kurt M. Rupert for Appellant Leachco, Inc. for court review. Certificate of Interested Parties: Yes. Served on 12/08/2022. Manner of Service: email. --[Edited 12/08/2022 by MLB to remove pdf from docket; entry filed on 12/08/22][22-7060] KMR [Entered: 12/08/2022 02:06 PM] |
| [10960697] Entry of appearance filed by Mr. Frank D Garrison, IV for Leachco, Inc. CERT. OF INTERESTED PARTIES: y. Served on 12/08/2022. Manner of Service: email. [22-7060] [Entered: 12/08/2022 02:37 PM] |
| [10960744] Entry of appearance filed by Mr. John Kerkhoff for Leachco, Inc. CERT. OF INTERESTED PARTIES: y (same as co-counsel). Served on 12/08/2022. Manner of Service: email. [22-7060] [Entered: 12/08/2022 04:07 PM] |
| [10960745] Filed notice record is complete. Served on 12/08/2022. Appellant's brief and appendix due on 01/17/2023 for Leachco, Inc. [22-7060] [Entered: 12/08/2022 04:08 PM] |
| [10960741] Entry of appearance filed by Mr. Kurt M. Rupert for Leachco, Inc.. CERT. OF INTERESTED PARTIES: n (all parties previously disclosed). Served on 12/08/2022. Manner of Service: email [22-7060] [Entered: 12/08/2022 04:04 PM] |
| [10960727] Entry of appearance submitted by Daniel Aguilar for Appellees Dana Baiocco, Mary T. Boyle, Consumer Product Safety Commission, Peter A. Feldman, Alexander Hoehn-Saric and Richard Trumka for court review. Certificate of Interested Parties: No. Served on 12/08/2022. Manner of Service: email. [22-7060] --[Edited 12/13/2022 by SLS to remove PDF from docket entry as the document has been filed.] DJA [Entered: 12/08/2022 03:12 PM] |
| [10960707] Entry of appearance filed by Mr. Oliver James Dunford for Leachco, Inc. CERT. OF INTERESTED PARTIES: y. Served on 12/08/2022. Manner of Service: email. [22-7060] --[Edited 12/08/2022 by SLS to note interested parties same as co-counsel.] [Entered: 12/08/2022 02:47 PM] |
| [10959985] Civil case docketed. Preliminary record filed. DATE RECEIVED: 12/06/2022. Transcript order form and docketing statement due 12/20/2022 for Leachco, Inc. Notice of appearance due on 12/20/2022 for Dana Baiocco, Mary T. Boyle, Consumer Product Safety Commission, Peter A. Feldman, Alexander Hoehn-Saric, Leachco, Inc., and Richard Trumka. [22-7060] [Entered: 12/06/2022 11:38 AM] |
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| Plaintiff / appellant: LEACHCO, INC. | |
| Represented By: | Oliver James Dunford |
| Represented By: | Frank D. Garrison IV |
| Represented By: | John Kerkhoff |
| Represented By: | Kurt M. Rupert |
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| Defendant / appellee: CONSUMER PRODUCT SAFETY COMMISSION | |
| Represented By: | Madeline McMahon |
| Represented By: | Steven A. Myers |
| Represented By: | Daniel J. Aguilar |
| Represented By: | Joshua Marc Salzman |
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| Defendant / appellee: ALEXANDER HOEHN-SARIC, Chair of the Consumer Product Safety Commission | |
| Represented By: | Madeline McMahon |
| Represented By: | Steven A. Myers |
| Represented By: | Daniel J. Aguilar |
| Represented By: | Joshua Marc Salzman |
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| Defendant / appellee: DANA BAIOCCO, Commissioner of the Consumer Product Safety Commission | |
| Represented By: | Madeline McMahon |
| Represented By: | Steven A. Myers |
| Represented By: | Daniel J. Aguilar |
| Represented By: | Joshua Marc Salzman |
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| Defendant / appellee: MARY T. BOYLE, Commissioner of the Consumer Product Safety Commission | |
| Represented By: | Madeline McMahon |
| Represented By: | Steven A. Myers |
| Represented By: | Daniel J. Aguilar |
| Represented By: | Joshua Marc Salzman |
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| Defendant / appellee: PETER A. FELDMAN, Commissioner of the Consumer Product Safety Commission | |
| Represented By: | Madeline McMahon |
| Represented By: | Steven A. Myers |
| Represented By: | Daniel J. Aguilar |
| Represented By: | Joshua Marc Salzman |
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| Defendant / appellee: RICHARD TRUMKA, Commissioner of the Consumer Product Safety Commission | |
| Represented By: | Madeline McMahon |
| Represented By: | Steven A. Myers |
| Represented By: | Daniel J. Aguilar |
| Represented By: | Joshua Marc Salzman |
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