B. S. v. Somerset County, et al
| B. S., and B.S. as guardian and parent of T.S., G.S., and N.S. |
| COUNTY OF SOMERSET, SOMERSET CHILD SERVICES, JESSICA ELLER and JULIE BARTH |
| 11-1833 |
| April 5, 2011 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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ORDER (FUENTES, JORDAN and NYGAARD, Circuit Judges) Thje Appellant's Petition for an Award of Interm Fees Pursuant to 42 U.S.C. Section 1988, or in the Alternative a Recognition of Entitlement of Fees Under Third Circuit LAR 108.1 is hereby DENIED without prejudice. As noted in the Appellees' objection and response tot he Petition, there are yet significant issues to be decided on remand which may affect the determination of whether an award of fees is appropriate and, if so, in what amount. It is best left for the District Court in the first instance, after the conclusion of proceedings in that Court, to determine the merits of any renewed petition for fees, filed. Jordan, Authoring Judge. --[Edited 04/19/2013 by AWI] (CLW) [Entered: 04/18/2013 04:22 PM]
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| ECF FILER: Reply by Appellant B. S. to Response Response , filed. Certificate of Service dated 03/01/2013. (EAO) [Entered: 03/01/2013 03:56 PM] |
| ECF FILER: Response filed by Appellees Julie Barth, County of Somerset, Jessica Eller and Somerset Child Ser to Motion for reimbursement of appeal fees. Certificate of Service dated 02/19/2013. (MMJ) [Entered: 02/19/2013 11:11 AM] |
| ECF FILER: Motion filed by Appellant B. S. for reimbursement of appeal fees. Certificate of Service dated 02/07/2013. (EAO) [Entered: 02/07/2013 03:09 PM] |
| MANDATE ISSUED, filed. (CLW) [Entered: 01/30/2013 09:38 AM] |
| PRECEDENTIAL OPINION Coram: FUENTES, JORDAN and NYGAARD, Circuit Judges. Total Pages: 74. Judge: JORDAN Authoring, Judge: NYGAARD Concurring/Dissenting (CLW) [Entered: 01/08/2013 09:49 AM] |
| JUDGMENT, ORDERED and ADJUDGED by this Court that the judgment of the District Court signed and entered on March 16, 2011, be and the same is hereby affirmed in part and reversed in part, each party to bear its own costs. All of the above is in accordance with the opinion of this Court. (CLW) [Entered: 01/08/2013 09:58 AM] |
| Argued on Tuesday, Janaury 10, 2012 before FUENTES, JORDAN and NYGAARD, Circuit Judges. Marie M. Jones arguing for Appellees Julie Barth, County of Somerset, Jessica Eller; Edward A. Olds arguing for Appellant B. S. (CMH) [Entered: 01/10/2012 01:17 PM] |
| ECF FILER: LETTER from Attorney Edward A. Olds, Esq. for Appellant B. S.. Certificate of Service dated 12/29/2011. (EAO) [Entered: 12/29/2011 03:53 PM] |
| ECF FILER: LETTER from Attorney Marie M. Jones, Esq. for Appellees County of Somerset, Somerset Child Ser, Jessica Eller and Julie Barth Appellee's letter reply to appellant's letter memoranda per Order dated 12/15/11. Certificate of Service dated 12/29/2011. (MMJ) [Entered: 12/29/2011 01:58 PM] |
| ECF FILER: LETTER from Attorney Edward A. Olds, Esq. for Appellant B. S.. Certificate of Service dated 12/22/2011. (EAO) [Entered: 12/22/2011 03:10 PM] |
| ECF FILER: LETTER from Attorney Marie M. Jones, Esq. for Appellees County of Somerset, Somerset Child Ser, Jessica Eller and Julie Barth Letter memoranda to the Court pursuant to Court Order dated 12/15/11. Certificate of Service dated 12/22/2011. (MMJ) [Entered: 12/22/2011 02:24 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Edward A. Olds, Esq. for Appellant B. S.. Certificate of Service dated 12/19/2011. (EAO) [Entered: 12/19/2011 10:46 AM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Marie M. Jones, Esq. for Appellees County of Somerset, Somerset Child Ser, Jessica Eller and Julie Barth. Certificate of Service dated 12/16/2011. (MMJ) [Entered: 12/16/2011 04:09 PM] |
| Oral Argument Notification for Tuesday, 01/10/2012. (CMH) [Entered: 12/16/2011 12:44 PM] |
| Calendared for Tuesday, 01/10/2012. (CMH) [Entered: 12/15/2011 08:59 AM] |
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ORDER (Clerk) At the direction of the court, the parties are directed to submit letter memoranda of no more than five pages, single-spaced, on or before December 22, 2011, addressing the following questions: " How, if at all, does the Rooker-Feldman doctrine affect subject matter jurisdiction over appellants' claims? See Great W. Mining & Mineral Co. v. Fox Rothchild LLP, 615 F.3d 159 ( 3d Cir. 2010). Letters repies to like length may be submitted no later than December 29, 2011, filed. (CLW) [Entered: 12/15/2011 10:06 AM]
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| ECF FILER: LETTER from Attorney Marie M. Jones, Esq. for Appellees County of Somerset, Somerset Child Ser, Jessica Eller and Julie Barth. Counsel is unavailable for the following dates: 01/09/2012, 01/13/2012, 01/26/2012, 01/27/2012, (MMJ) [Entered: 09/30/2011 02:17 PM] |
| HARD COPY RECEIVED from Appellant B. S. - Reply Brief. Copies: 10. (MKH) [Entered: 08/10/2011 10:43 AM] |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant B. S., filed. Certificate of Service dated 08/08/2011 by US mail. (EAO) [Entered: 08/08/2011 11:30 AM] |
| HARD COPY RECEIVED from Appellees Julie Barth, County of Somerset, Jessica Eller and Somerset Child Ser - Brief. Copies: 10. (KEL) [Entered: 07/25/2011 11:24 AM] |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Julie Barth, County of Somerset, Jessica Eller and Somerset Child Ser, filed. Certificate of Service dated 07/21/2011 by US mail. (MMJ) [Entered: 07/21/2011 01:17 PM] |
| HARD COPY RECEIVED from Appellant B. S. - Brief with Volume I of Appendix attached. Copies: 10. (RM) [Entered: 06/22/2011 11:46 AM] |
| ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellant B. S., filed. Certificate of service dated 06/20/2011 by ECF, US mail. (EAO) [Entered: 06/20/2011 01:37 PM] |
| ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant B. S., filed. Certificate of Service dated 06/20/2011 by US mail, ECF. (EAO) [Entered: 06/20/2011 01:19 PM] |
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ORDER (Clerk) granting Consent Motion by Appellant for Leave to Enlarge the Word Count Limitation of Appellant's Brief Containing 16, 000 Words. At the time of filing the brief, Appellant may file a brief containing 16, 000 words, filed. (CLW) [Entered: 06/16/2011 03:31 PM]
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| ECF FILER: UNOPPOSED Motion filed by Appellant B. S. to accept noncompliant filing of Appellants' Main Brief. Certificate of Service dated 06/08/2001. (EAO) [Entered: 06/08/2011 09:12 AM] |
| BRIEFING NOTICE ISSUED. Brief on behalf of Appellant B. S. due on or before 06/20/2011. Appendix due on or before 06/20/2011. (CLW) [Entered: 05/10/2011 11:01 AM] |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant B. S. advising this court that no transcripts are available. Requested date(s) are: n/a, to be filed by n/a. (EAO) [Entered: 04/19/2011 03:26 PM] |
| ECF FILER: Concise Summary of the Case filed by Appellant B. S., received. (EAO) [Entered: 04/19/2011 03:24 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant B. S., filed. (EAO) [Entered: 04/19/2011 03:23 PM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant B. S., filed. (EAO) [Entered: 04/19/2011 03:22 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Edward A. Olds, Esquire on behalf of Appellant(s) B.S. and B.S. as guardian and parent of T.S., G.S., N.S.. (EAO) [Entered: 04/19/2011 03:20 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Marie Milie Jones on behalf of Appellee(s) Somerset County, Somerset County Children and Youth Services, Jessica Eller, Julie Barth. (MMJ) [Entered: 04/11/2011 02:38 PM] |
| RECORD available on District Court CM/ECF. (TNH) [Entered: 04/05/2011 11:55 AM] |
| CIVIL CASE DOCKETED. Notice filed by Appellant B. S. in District Court No. 3-08-cv-00030. (TNH) [Entered: 04/05/2011 11:49 AM] |
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