Erich, et al v. Smith
| MARK ERICH and SHAWNA MALONEY |
| ERIK SMITH, in his official capacity as the Superintendent of the Kansas Highway Patrol |
| 23-3267 |
| December 18, 2023 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Civil Rights |
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[11067625] Order filed by Judges Holmes and Phillips granting appellant's motion for stay. The district court's permanent injunction dated 11/20/2023 is stayed until further order of this court. Served on 02/15/2024. [23-3264, 23-3267] [Entered: 02/15/2024 03:41 PM]
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| [11067003] Transcript order form filed by Kim Greiner in 23-3264, 23-3267. Transcripts of 04/24/2023 - 04/27/2023 trial proceedings due 03/12/2024 for Kim Greiner. [23-3264, 23-3267] [Entered: 02/13/2024 04:07 PM] |
| [11066588] Upon review of the district court docket, transcripts were filed by Nancy Wiss in 23-3264 in district court on 01/19/2024 (02/06/23 & 02/07/23 Jury Trial and 02/07/23 Jury Trial Aden). Manner of Service: email. [23-3264, 23-3267] [Entered: 02/12/2024 02:28 PM] |
| [11066202] Acknowledgment of transcript order filed by Erik Smith in 23-3264, 23-3267. Transcript ordered: 4/24/23 - 4/27/23 trial proceedings. Served on: 02/09/2024. Manner of Service: email. [23-3264, 23-3267] DC [Entered: 02/09/2024 01:52 PM] |
| [11066083] Reply filed by Erik Smith in 23-3264, 23-3267 to Appellees' Response in Opposition to Appellant's Motion for a Stay Pending Appeal. Served on 02/09/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-3264, 23-3267] DC [Entered: 02/09/2024 10:06 AM] |
| [11066225] Minute order filed - Transcript order form due 02/23/2024 for Kim Greiner. (4/24/23-4/27/23 jury trial). (Text Only - No Attachment) [23-3264, 23-3267] [Entered: 02/09/2024 02:26 PM] |
| [11064844] Response filed by Mr. Joshua Bosire, Mr. Mark Erich, Ms. Shawna Maloney, Blaine Franklin Shaw and Mr. Samuel James Shaw in 23-3264, Mr. Mark Erich and Ms. Shawna Maloney in 23-3267 to Appellant's Motion for a Stay Pending Appeal and for an Interim Administrative Stay. Served on 02/05/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-3264, 23-3267] KC [Entered: 02/05/2024 10:39 PM] |
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[11063390] Order filed by Judges Holmes and Phillips vacating the 01/29/2024 Order. Response to motion to stay now due on 02/06/2024 by 8:00 a.m. (MST) for Blaine Franklin Shaw, Samuel James Shaw, Joshua Bosire, Mark Eric, and Shawna Maloney. We enter a temporary stay of the district court's injunctive order that will be in effect until further order of this court. Served on 01/30/2024. [23-3264, 23-3267] --[Edited 01/30/2024 by ART to correct text regarding who needs to file a response] [Entered: 01/30/2024 05:04 PM]
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| [11062697] VACATED - Order filed by Clerk of the Court - Any party opposing appellant's motion for stay shall file a written opposition setting forth the particular basis for the partys opposition. The opposition must comply with Federal Rule of Appellate Procedure 27(d)(2) and must be served and filed at or before 7:00 a.m. (mountain time) on February 1, 2024. If no opposition is filed at or before that time, the court will consider the motion unopposed and will proceed on that basis. Served on 01/29/2024. [23-3264, 23-3267]--[Edited 01/30/2024 by ART to vacate pursuant to order enetred 01/30/2024] [Entered: 01/29/2024 11:51 AM] |
| [11062414] Motion filed by Appellant Erik Smith in 23-3264, 23-3267 for stay pending appeal and an interim administrative stay. Served on: 01/26/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. --[Edited 01/26/2024 by MLB to correct docket text][23-3264, 23-3267] DC [Entered: 01/26/2024 01:20 PM] |
| [11057766] Order filed by Clerk of the Court vacating the 01/08/2024 minute order [11057418-2]. Appellant may order the additional transcripts. Please see attached order for additional information. Served on 01/09/2024. [23-3264, 23-3267] [Entered: 01/09/2024 10:55 AM] |
| [11057418] (VACATED) Minute order filed - Transcript order form due 01/22/2024 for Kim Greiner (04/24-04/27/2023 Trial proceedings) and Nancy Wiss (02/07/2023 Aden). (Text Only - No Attachment) [23-3264, 23-3267] --[Edited by SLS to note the minute order was vacated per the order filed 01/09/2024.] [Entered: 01/08/2024 12:00 PM] |
| [11057264] Entry of appearance filed by Mr. Brian Matthew Hauss for Ms. Shawna Maloney and Mr. Mark Erich. CERT. OF INTERESTED PARTIES: n - interested parties listed already appear in this case. Served on 01/05/2024, 01/08/2024. Manner of Service: email [23-3267] [Entered: 01/08/2024 07:56 AM] |
| [11057198] Entry of appearance submitted by Brian Hauss for Appellees Mr. Mark Erich and Ms. Shawna Maloney for court review. Certificate of Interested Parties: Yes. Served on 01/05/2024. Manner of Service: email. [23-3267]--[Edited 01/08/2024 by ART to remove pdf as pleading was filed on 01/08/2024] BMH [Entered: 01/05/2024 03:59 PM] |
| [11057124] Plaintiffs' designation of additional transcripts to be ordered pursuant to FRAP 10(b)(3)(B) filed by Appellees Joshua Bosire, Mark Erich, Shawna Maloney, Blaine Franklin Shaw and Samuel James Shaw. Served on 01/05/2024 by email. [23-3264, 23-3267] --[Edited docket text 01/08/2024 by ART.] --[Edited 01/09/2024 by SLS to correct docket event and text.] KC [Entered: 01/05/2024 01:02 PM] |
| [11056633] Entry of appearance filed by Kunyu Ching and Sharon Brett for Mr. Mark Erich and Ms. Shawna Maloney. CERT. OF INTERESTED PARTIES: y. Served on01/03/2024, 01/04/2024. Manner of Service: email [23-3267] [Entered: 01/04/2024 07:46 AM] |
| [11056646] Entry of appearance filed by Mr. Patrick A. McInerney and Mrs. Leslie Greathouse for Mr. Mark Erich and Ms. Shawna Maloney. CERT. OF INTERESTED PARTIES: y. Served on 01/03/2024, 01/04/2024. Manner of Service: email [23-3267] [Entered: 01/04/2024 08:02 AM] |
| [11056354] Order filed by Clerk of the Court procedurally consolidating these appeals. All future filings in these appeals shall be captioned for and filed in both appeals. Appellees entry of appearance remains due in no. 23-3267. See order for further details re briefing. Served on 01/03/2024. [23-3267, 23-3264] [Entered: 01/03/2024 10:23 AM] |
| [11056373] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 01/12/2024 at 10:00 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.] [23-3264, 23-3267] [Entered: 01/03/2024 10:57 AM] |
| [11056451] Entry of appearance submitted by Sharon Brett, Kunyu Ching for Appellees Mr. Mark Erich and Ms. Shawna Maloney for court review. Certificate of Interested Parties: Yes. Served on 01/03/2024. Manner of Service: email. [23-3267]--[Edited 01/04/2024 by ART to remove pdf as pleading was filed on 01/04/2024] SB [Entered: 01/03/2024 12:37 PM] |
| [11056506] Entry of appearance submitted by Leslie Greathouse and Patrick McInerney for Appellee Ms. Shawna Maloney and Appellant Erik Smith for court review. Certificate of Interested Parties: Yes. Served on 01/03/2024. Manner of Service: email. [23-3267]--[Edited 01/04/2024 by ART to remove pdf as pleading was filed on 01/04/2024] LG [Entered: 01/03/2024 02:36 PM] |
| [11056077] Entry of appearance submitted by Anthony J. Powell, Dwight R. Carswell, and Kurtis K. Wiard for Appellant Erik Smith for court review. Certificate of Interested Parties: Yes. Served on 01/02/2024. Manner of Service: email. [23-3267]--[Edited 01/02/2024 by DJD. Removed PDF as pleading filed 1/2/24] DC [Entered: 01/02/2024 12:17 PM] |
| [11056118] Entry of appearance filed by Kurtis K. Wiard, Dwight Carswell and Anthony John Powell for Erik Smith. CERT. OF INTERESTED PARTIES: y. Served on 01/02/2024. Manner of Service: email [23-3267] [Entered: 01/02/2024 01:50 PM] |
| [11056141] Acknowledgment of transcript order filed by Erik Smith. Transcript ordered: 2/6/23, 2/7/23 trial proceedings - previously ordered in appeal 23-3264. Served on: 01/02/2024. Manner of Service: email. [23-3267] DC [Entered: 01/02/2024 02:25 PM] |
| [11056131] Docketing statement filed by Erik Smith. Served on 01/02/2024. Manner of Service: email. [23-3267] DC [Entered: 01/02/2024 01:58 PM] |
| [11053226] Civil case docketed. Preliminary record filed. DATE RECEIVED: 12/18/2023 Docketing statement, transcript order form, and notice of appearance due 01/02/2024 for Erik Smith. Notice of appearance also due 01/02/2024 for Mark Erich and Shawna Maloney. [23-3267] [Entered: 12/18/2023 02:53 PM] |
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