AirTran Airways, Inc. v. Brenda Elem, et al
Plaintiff / Appellee: AIRTRAN AIRWAYS, INC.
Defendant / Appellant: BRENDA ELEM, MARK D. LINK and LINK & SMITH, P.C.
Case Number: 13-11738
Filed: April 22, 2013
Court: U.S. Court of Appeals, Eleventh Circuit
Nature of Suit: Employee Retirement (ERISA)
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This docket was last retrieved on March 8, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2016 MOTION MOOT: Motion to withdraw as counsel filed by Victor O'Connell is MOOT [ # 7716950-2 ] [ # 7713724-2 ] [Entered: 03/08/2016 04:17 PM]
March 8, 2016 Opinion or Order ORDER: We VACATE the summary judgment of the district court, the order awarding attorneys fees and costs, and the Rule 70 order enforcing the judgment, and REMAND for reconsideration in the light of Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, 136 S. Ct. 651 (2016). We DENY Airtrans motion for supplemental briefing and oral argument. The district court should decide the legal and factual issues identified in that motion, including the question whether additional discovery is needed, in the first instance on remand. [ # 7711619-2 ] [ # 7711619-3 ]WHP, BBM and CEH [13-11738, 13-14912] [Entered: 03/08/2016 04:12 PM]
March 8, 2016 Removed from case: Attorney Victor O'Connell for Appellants Link & Smith, P.C., Mark D. Link and Brenda Elem in 13-11738 and Appellants Link & Smith, P.C., Mark D. Link and Brenda Elem in 13-14912. [13-11738, 13-14912] [Entered: 03/08/2016 04:18 PM]
March 7, 2016 MOTION to withdraw as counsel filed by Attorney Victor O'Connell for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. Motion is Unopposed [7716950-1] (ECF: Victor O'Connell) [Entered: 03/07/2016 12:36 PM]
March 7, 2016 RESPONSE to Motion to file supplemental brief filed by Appellee AirTran Airways, Inc. in 13-11738 [ # 7711619-2 ], Motion to request or set oral argument filed by Appellee AirTran Airways, Inc. in 13-11738 [ # 7711619-3 ] filed by Attorney Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. (ECF: Charles Cork) [Entered: 03/07/2016 01:10 PM]
March 2, 2016 MOTION to withdraw as counsel filed by Attorney Victor O'Connell for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. Motion is Unopposed [7713724-1] (ECF: Victor O'Connell) [Entered: 03/02/2016 02:29 PM]
February 29, 2016 APPEARANCE of Counsel Form filed by Miguel A. Estrada, for Appellee AirTran Airways, Inc. (ECF: Miguel Estrada) [Entered: 02/29/2016 08:50 AM]
February 29, 2016 Added Attorney(s) Miguel A. Estrada for party(s) Appellee AirTran Airways, Inc., in case 13-14912 Attorney(s) Miguel A. Estrada for party(s) Appellee AirTran Airways, Inc., in case 13-11738. [13-11738, 13-14912] [Entered: 02/29/2016 09:41 AM]
February 29, 2016 MOTION to file a supplement brief, to request or set oral argument.sets oral argument filed by AirTran Airways, Inc.. Opposition to Motion is Unknown. [7711619-1] (ECF: Miguel Estrada) [Entered: 02/29/2016 06:48 PM]
February 26, 2016 Judgment of U.S. Supreme Court received as to Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. 14-1061. [Entered: 03/01/2016 09:11 AM]
February 1, 2016 Remanded from the U.S. Supreme Court as to Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. [Entered: 02/01/2016 08:58 AM]
January 25, 2016 Writ of Certiorari filed as to Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. is GRANTED. The judgment of the Eleventh Circuit is VACATED and the case is REMANDED to the Eleventh Circuit. SC# 14-1061. [Entered: 02/01/2016 08:56 AM]
January 21, 2016 Checked status of ceritorari S Ct #14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 01/21/2016 11:54 AM]
December 7, 2015 Checked status of ceritorari 14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 12/07/2015 04:27 PM]
October 27, 2015 Checked status of ceritorari 14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 10/27/2015 02:27 PM]
September 22, 2015 Checked status of ceritorari S Ct # 14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 09/22/2015 12:55 PM]
August 21, 2015 Checked status of ceritorari s ct #14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 08/21/2015 02:28 PM]
July 21, 2015 Checked status of ceritorari 14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 07/21/2015 11:41 AM]
June 18, 2015 Checked status of ceritorari 14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 06/18/2015 03:01 PM]
May 13, 2015 Checked status of ceritorari 14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 05/13/2015 12:32 PM]
April 10, 2015 Checked status of ceritorari sc # 14-1061 filed as to Appellant Brenda Elem - Pending. [Entered: 04/10/2015 04:17 PM]
March 12, 2015 Opinion or Order ORDER: Motion for attorney's fees filed by Appellee AirTran Airways, Inc. and Aaron Edward Pohlmann is DENIED. [ # 7347987-2 ] WHP, BBM and CEH [Entered: 03/12/2015 03:02 PM]
March 3, 2015 Notice of Writ of Certiorari filed as to Appellant Brenda Elem. SC# 14-1061. [Entered: 03/05/2015 12:18 PM]
January 2, 2015 RESPONSE to Motion for attorney's fees filed by Appellee AirTran Airways, Inc. and Aaron Edward Pohlmann in 13-11738 [ # 7347987-2 ] filed by Attorney Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. (ECF: Charles Cork) [Entered: 01/02/2015 02:47 PM]
December 16, 2014 Motion for attorney fees filed by Aaron Edward Pohlmann for AirTran Airways, Inc. pursuant to court order dated 12/02/2014.--[Edited 12/17/2014 by RAV] (ECF: Aaron Pohlmann) [Entered: 12/16/2014 03:49 PM]
December 11, 2014 Mandate issued as to Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. in 13-11738, 13-14912. [13-11738, 13-14912] [Entered: 12/11/2014 09:16 AM]
December 2, 2014 Opinion or Order ORDER: The Petition(s) for Rehearing are DENIED and no Judge in regular active service on the Court having requested that the Court be polled, the Petition(s) for Rehearing En Banc filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. are DENIED. [7334846-1] [Entered: 12/02/2014 11:02 AM]
October 14, 2014 Petition for rehearing en banc (with panel rehearing) filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. (ECF: Peter Stris) [Entered: 10/13/2014 08:45 AM]
October 14, 2014 Received paper copies of E-PFR filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. [Entered: 10/21/2014 01:34 PM]
October 8, 2014 Signed Approved Bill of costs filed by Attorney Aaron Edward Pohlmann for Appellee AirTran Airways, Inc. in 13-11738, 13-14912. [13-11738, 13-14912] [Entered: 11/04/2014 08:02 AM]
October 6, 2014 Bill of costs filed by Attorney Aaron Edward Pohlmann for Appellee AirTran Airways, Inc.. (ECF: Aaron Pohlmann) [Entered: 10/06/2014 03:41 PM]
October 2, 2014 APPEARANCE of Counsel Form filed by Peter K. Stris for Brenda Elem, Mark D. Link, and Link & Smith, P.C. (ECF: Peter Stris) [Entered: 10/02/2014 12:36 PM]
October 2, 2014 APPEARANCE of Counsel Form filed by Victor O'Connell for Brenda Elem, Mark D. Link, and Link & Smith, P.C. (ECF: Victor O'Connell) [Entered: 10/02/2014 12:42 PM]
October 2, 2014 Added Attorney(s) Peter K. Stris for party(s) Appellant Mark D. Link Appellant Brenda Elem Appellant Link & Smith, P.C., in case 13-14912 Attorney(s) Peter K. Stris for party(s) Appellant Mark D. Link Appellant Brenda Elem Appellant Link & Smith, P.C., in case 13-11738. [13-11738, 13-14912] [Entered: 10/02/2014 01:04 PM]
October 2, 2014 Added Attorney(s) Victor O'Connell for party(s) Appellant Mark D. Link Appellant Brenda Elem Appellant Link & Smith, P.C., in case 13-14912 Attorney(s) Victor O'Connell for party(s) Appellant Mark D. Link Appellant Brenda Elem Appellant Link & Smith, P.C., in case 13-11738. [13-11738, 13-14912] [Entered: 10/02/2014 01:05 PM]
September 23, 2014 Judgment entered as to Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. in 13-11738, 13-14912. [13-11738, 13-14912] [Entered: 09/23/2014 11:31 AM]
September 23, 2014 Opinion issued by court as to Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. in 13-11738, 13-14912. Decision: Affirmed in part and Dismissed in part. Opinion type: Published. Opinion method: Signed. [13-11738, 13-14912] [Entered: 09/23/2014 11:35 AM]
March 31, 2014 RETURNED UNFILED: Supplemental Authority filed by Charles Madden Cork, III for Brenda Elem, Mark D. Link and Link & Smith, P.C. is returned unfiled because it was already filed as a Response to Appellee's Supplemental Authority on March 21, 2014, by the clerk's office. [Entered: 03/31/2014 02:32 PM]
March 27, 2014 DOCKETED IN ERROR *** Supplemental Authority filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. Service date: 03/20/2014 US mail - Attorney for Appellees: Bondurant, Pohlmann.--[Edited 03/31/2014 by CRL] (ECF: Charles Cork) [Entered: 03/27/2014 12:54 PM]
March 27, 2014 Notice of Mandatory ECF sent to Charles Madden Cork III. [13-11738, 13-14912] [Entered: 03/27/2014 12:04 PM]
March 24, 2014 Notice of Mandatory ECF sent to Aaron Edward Pohlmann. [13-11738, 13-14912] [Entered: 03/24/2014 02:39 PM]
March 21, 2014 Response to Supplemental Authority (28J) filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. in 13-14912. Service date: 03/20/2014 email - Attorney for Appellant: Cork; Attorney for Appellees: Bondurant, Cornwell, Pohlmann. [13-11738, 13-14912] [Entered: 03/27/2014 12:02 PM]
March 13, 2014 Supplemental Authority filed by Appellee AirTran Airways, Inc. in 13-11738. Service date: 03/13/2014 email - Attorney for Appellant: Cork; Attorney for Appellees: Bondurant, Cornwell, Pohlmann. [13-11738, 13-14912] [Entered: 03/24/2014 02:06 PM]
March 10, 2014 Oral Argument CD sent to Warren R. Hinds, Crossville Village Office Park, 1303 Macy Drive, Roswell, Georgia 30076. [Entered: 03/10/2014 03:25 PM]
March 5, 2014 Oral argument CD requested by Warren Hinds. [Entered: 03/06/2014 10:27 AM]
February 28, 2014 Oral argument held. Oral Argument participants were Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. and Aaron Edward Pohlmann for Appellee AirTran Airways, Inc. in 13-11738. [13-11738, 13-14912] [Entered: 02/28/2014 02:24 PM]
February 3, 2014 Attorney Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. in 13-14912, 13-11738 hereby acknowledges receipt of a copy of the printed calendar for 02/03/2014. Charles M. Cork, III (478) 742-0204 will present argument. [13-14912, 13-11738] (ECF: Charles Cork) [Entered: 02/03/2014 12:48 PM]
December 2, 2013 Attorney Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. hereby acknowledges receipt of a copy of the printed calendar for 12/02/2013. Charles M. Cork, III (478) 742-0204 will present argument. (ECF: Charles Cork) [Entered: 12/02/2013 01:18 PM]
November 27, 2013 Oral argument scheduled. Argument Date: Friday, 02/28/2014 Argument Location: Atlanta. [Entered: 11/27/2013 03:23 PM]
November 18, 2013 Attorney Aaron Edward Pohlmann for Appellee AirTran Airways, Inc. hereby acknowledges receipt of a copy of the printed calendar for 02/28/2014. Aaron E. Pohlmann (404) 962-1076 will present argument. (ECF: Aaron Pohlmann) [Entered: 11/18/2013 02:46 PM]
November 18, 2013 Calendar issued as to cases to be orally argued the week of 02/24/2014 in Atlanta, Georgia. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF. [Entered: 11/18/2013 11:39 AM]
October 16, 2013 Opinion or Order ORDER: Appellants Motion for Stay is DENIED. The Clerk is directed to treat any motion for reconsideration of this order as a non-emergency matter. [ # 6984799-2 ]; [ # 6984799-3 ] GBT, SM and BBM [Entered: 10/16/2013 11:00 AM]
October 11, 2013 Assigned to tentative calendar number 12 in Atlanta during the week of February 24, 2014. [Entered: 10/11/2013 03:36 PM]
October 8, 2013 Reply to response filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. (ECF: Charles Cork) [Entered: 10/08/2013 02:42 PM]
October 4, 2013 RESPONSE to Motion to stay lower court proceedings filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. in 13-11738 [ # 6984799-2 ], Motion to stay pending appeal filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. in 13-11738 [ # 6984799-3 ] filed by Attorney Aaron Edward Pohlmann for Appellee AirTran Airways, Inc.. (ECF: Aaron Pohlmann) [Entered: 10/04/2013 02:46 PM]
September 27, 2013 TIME SENSITIVE MOTION to stay lower court proceedings, to stay pending appeal filed by Brenda Elem, Mark D. Link and Link & Smith, P.C.. Motion is Opposed. [6984799-1] (ECF: Charles Cork) [Entered: 09/27/2013 10:38 AM]
September 10, 2013 Additional copies of Appendix received from Charles Madden Cork, III for Brenda Elem, Mark D. Link and Link & Smith, P.C. and forwarded to the record room. [Entered: 09/12/2013 04:04 PM]
September 5, 2013 The Court has determined that oral argument will be necessary in this case. Please forward 3 additional copies of the 1 volumes of Appendix filed by Attorney Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. to the Clerk's Office, Attention: Joyce Pope. Your prompt attention to this matter is appreciated. [Entered: 09/05/2013 09:55 AM]
September 5, 2013 The Court has determined that oral argument will be necessary in this case. Please forward 3 additional copies of the 1 volumes of Supplemental Appendix filed by Attorney Aaron Edward Pohlmann for Appellee AirTran Airways, Inc. to the Clerk's Office, Attention: Joyce Pope. Your prompt attention to this matter is appreciated. [Entered: 09/05/2013 09:55 AM]
September 5, 2013 Additional copies of Appendix received from Aaron Edward Pohlmann for AirTran Airways, Inc. and forwarded to the record room. [Entered: 09/06/2013 10:30 AM]
August 27, 2013 Received paper copies of EBrief filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. [Entered: 08/27/2013 12:32 PM]
August 26, 2013 Reply Brief filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. Service date: 08/26/2013 US mail - Attorney for Appellees: Bondurant, Pohlmann. (ECF: Charles Cork) [Entered: 08/26/2013 03:40 PM]
August 14, 2013 Supplemental Appendix [1 VOLUME - 2 sets] filed by Attorney Aaron Edward Pohlmann for Appellee AirTran Airways, Inc.. Service date: 08/14/2013 US mail - Attorney for Appellants: Cork. [Entered: 08/15/2013 04:29 PM]
August 7, 2013 Appellee's Brief filed by Appellee AirTran Airways, Inc.. Service date: 08/07/2013 US mail - Attorney for Appellant: Cork. (ECF: Aaron Pohlmann) [Entered: 08/07/2013 03:55 PM]
August 7, 2013 Received paper copies of EBrief filed by Appellee AirTran Airways, Inc. [Entered: 08/08/2013 02:47 PM]
July 15, 2013 Notice of deficient Appendix filed by Attorney Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. Deficiencies: incomplete Certificate of Service, no original signature. [Entered: 07/15/2013 12:07 PM]
July 8, 2013 Received paper copies of EBrief filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. [Entered: 07/15/2013 11:59 AM]
July 8, 2013 Appendix filed [1 VOLUME - 2 sets] by Attorney Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. Deficiencies: incomplete Certificate of Service, no original signature. Service: Attorney for Appellees: Bondurant, Pohlmann.--[Edited 07/15/2013 by JOD] [Entered: 07/15/2013 12:04 PM]
July 8, 2013 Corrections to Appendix received on 07/18/2013 from Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C. All deficiencies have been corrected. [Entered: 07/24/2013 05:38 PM]
July 5, 2013 Appellant's brief filed by Brenda Elem, Mark D. Link and Link & Smith, P.C.. Service date: 07/05/2013 [13-11738] Attorney for Appellee: Bondurant - US mail; Attorney for Appellee: Pohlmann - US mail. (ECF: Charles Cork) [Entered: 07/05/2013 05:15 PM]
May 7, 2013 E-filed Appearance of Counsel processed for Attorney Charles Madden Cork III for Appellant Link & Smith, P.C. in 13-11738, Attorney Charles Madden Cork III for Appellant Mark D. Link in 13-11738, Attorney Charles Madden Cork III for Appellant Brenda Elem in 13-11738. [Entered: 05/07/2013 11:03 AM]
May 6, 2013 APPEARANCE of Counsel Form filed by Charles Madden Cork, III for Brenda Elem, Mark D. Link and Link & Smith, P.C.. (ECF: Charles Cork) [Entered: 05/06/2013 01:23 PM]
May 6, 2013 Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. (ECF: Charles Cork) [Entered: 05/06/2013 01:25 PM]
May 6, 2013 Civil Appeal Statement filed by Attorney Charles Madden Cork, III for Appellants Brenda Elem, Mark D. Link and Link & Smith, P.C.. (ECF: Charles Cork) [Entered: 05/06/2013 01:27 PM]
May 3, 2013 APPEARANCE of Counsel Form filed by Aaron Edward Pohlmann for AirTran Airways, Inc.. (ECF: Aaron Pohlmann) [Entered: 05/03/2013 08:39 AM]
May 3, 2013 APPEARANCE of Counsel Form filed by Elizabeth J. Bondurant for AirTran Airways, Inc.. (ECF: Aaron Pohlmann) [Entered: 05/03/2013 08:39 AM]
May 3, 2013 E-filed Appearance of Counsel processed for Attorney Elizabeth J. Bondurant for Appellee AirTran Airways, Inc. in 13-11738. [Entered: 05/03/2013 10:32 AM]
May 3, 2013 E-filed Appearance of Counsel processed for Attorney Aaron Edward Pohlmann for Appellee AirTran Airways, Inc. in 13-11738. [Entered: 05/03/2013 10:31 AM]
April 22, 2013 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Brenda Elem on 04/18/2013. Fee Status: Fee Paid. No hearings to be transcribed. The appellants brief and record excerpts are due on or before 06/03/2013. [Entered: 04/24/2013 03:30 PM]

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Plaintiff / appellee: AIRTRAN AIRWAYS, INC.
Represented By: Elizabeth J. Bondurant
Represented By: Miguel A. Estrada
Represented By: Aaron Edward Pohlmann
Represented By: Dorothy Hubbard Cornwell
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Defendant / appellant: BRENDA ELEM
Represented By: Charles Madden Cork III
Represented By: Peter K. Stris
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Defendant / appellant: MARK D. LINK
Represented By: Charles Madden Cork III
Represented By: Peter K. Stris
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Defendant / appellant: LINK & SMITH, P.C.
Represented By: Charles Madden Cork III
Represented By: Peter K. Stris
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