Doe, et al v. Wilmington Housing Authority, et al
| WILMINGTON HOUSING and FREDERICK S. PURNELL, SR., in his official capacity as executive director of the Wilmington Housing Authority |
| CHARLES BOONE and JANE DOE |
| BRADY CENTER TO PREVENT GUN VIOLENCE |
| 12-3433 |
| August 29, 2012 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| MANDATE ISSUED, filed. (MLR) |
| REVIEWED AND ADJUSTED BILL OF COSTS. After adjustment, costs will be taxed in the amount of $1710.10. (MLR) |
| ECF FILER: BILL OF COSTS filed on behalf of Appellants Charles Boone and Jane Doe. Certificate of Service dated 06/20/2014. (JKA) |
| NOT PRECEDENTIAL OPINION Coram: RENDELL, GREENAWAY, JR, Circuit Judges. and *ROSENTHAL, District Judge. Total Pages: 5. Judge: ROSENTHAL Authoring. *(The Honorable Lee H. Rosenthal, United States District Judge for the Southern District of Texas, sitting by designation). (MLR) |
| JUDGMENT, Ordered and Adjudged by this Court that the Judgment of the District Court entered July 27, 2012, be and the same is hereby Reversed and Remanded. Costs taxed against Appellee. (MLR) |
| Supreme Court of Delaware Opinion regarding question of state law pursuant to Third Circuit LAR Misc. 110, filed. (MLR) |
| Notification from Supreme Court of Delaware advising that question(s) certified pursuant to Third Circuit LAR Misc. 110 will be accepted. (MLR) |
ORDER (RENDELL, GREENAWAY, JR. and *ROSENTHAL, Circuit Judges) requesting Certification of State Law to Supreme Court of Delaware pursuant to Third Circuit LAR Misc. 110. RENDELL, Authoring Judge. *(The Honorable Lee H. Rosenthal, United States District Judge for the Southern District of Texas, sitting by designation). (MLR)
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| CLERK'S LETTER to Supreme Court of Delaware requesting certification of state law. (MLR) |
| ARGUED on Thursday, May 23, 2013. Panel: RENDELL, GREENAWAY Jr., Circuit Judges and *ROSENTHAL, District Judge. Francis G.X. Pileggi arguing for Appellants Charles Boone and Jane Doe; Barry M. Willoughby arguing for Appellees Frederick S. Purnell, Sr. and Wilmington Housing. *(Hon. Lee H. Rosenthal, District Judge for the Southern Texas District Court, sitting by designation) (TLG) |
| ECF FILER: LETTER from Attorney Francis G.X. Pileggi, Esq. for Appellants Jane Doe and Charles Boone regarding case cited in Appellants' Reply Brief. Certificate of Service dated 05/21/2013. (FGP) |
| Oral Argument Notification for Thursday, 05/23/2013. (TLG) |
| SEALED Letter to the Court (containing Exhibit A to Letter and Exhibit B to letter) from Appellants Charles Boone, Jane Doe and Appellees Frederick S. Purnell, Sr. and Wilmington Housing - Copies: 4 (SEALED) (SJB) |
| HARD COPY RECEIVED from Appellants Charles Boone, Jane Doe and Appellees Frederick S. Purnell, Sr. and Wilmington Housing - Excerpts from Joint Appendix Volume II (Pages Requested to be Sealed). Copies: 4. (MS) |
| HARD COPY RECEIVED from Appellees Frederick S. Purnell, Sr. and Wilmington Housing - Supplemental Appendix, titled "Volume III", submitted UNDER SEAL per Court's Order of 04/08/13. Copies: 4. Volumes: 1 (MS) |
| ECF FILER: LETTER from Attorney Francis G.X. Pileggi, Esq. for Appellants Jane Doe and Charles Boone Notice of Change of Address. Certificate of Service dated 04/24/2013. (FGP) |
| ECF FILER: SEALED LETTER/PROPOSED JOINT APPENDIX from Jill K. Agro, Esq. for Appellants Jane Doe and Charles Boone, Francis G.X. Pileggi, Esq. for Appellants Jane Doe and Charles Boone, Lauren E. Moak Russell, Esq. for Appellees Wilmington Housing and Frederick S. Purnell, Sr. and Barry M. Willoughby, Esq. for Appellees Wilmington Housing and Frederick S. Purnell, Sr. - Joint Letter from counsel in response to Court's 4/8/13 Order (attaching portions of Joint Appendix requested to be kept under seal). Certificate of Service dated 04/19/2013. [Text edited]--[Edited 04/22/2013 by EAF] (BMW) |
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ORDER (RENDELL, GREENAWAY JR., Circuit Judges, and ROSENTHAL, District Judge*), filed. Motion by Appellees to File Suplemental Appendix Under Seal and Motion by Appellants to Seal Portions of Joint Appendix will be taken under advisement by the Court. Counsel are directed to provide to the Court the Supplemental and Joint Appendix proposed to be sealed for preliminary (under seal) in camera review, after which the Court will rule on the motion. Marjorie O. Rendell, Authoring Judge. *Honorable Lee H. Rosenthal, District Judge for the US District Court of the Southern District of Texas, sittng by designation. (MS)
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| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Barry M. Willoughby, Esq. for Appellees Wilmington Housing and Frederick S. Purnell, Sr.. Certificate of Service dated 03/06/2013. (BMW) |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Francis G.X. Pileggi, Esq. for Appellants Jane Doe and Charles Boone. Certificate of Service dated 03/01/2013. (FGP) |
| Calendared for Thursday, 05/23/2013. (Rescheduled from Wednesday, 05/22/2013.)--[Edited 05/10/2013 by TLW] (TLG) |
| ECF FILER: Response filed by Appellees Frederick S. Purnell, Sr. and Wilmington Housing to Rule 28(j) letter. Certificate of Service dated 02/07/2013. This document will be SENT TO THE MERITS PANEL, if/when applicable. (BMW) |
| ECF FILER: SUPPLEMENTAL Letter dated 02/04/2013 , filed pursuant to Rule 28(j) from counsel for Appellants Charles Boone and Jane Doe. This document will be SENT TO THE MERITS PANEL, if/when applicable. (FGP) |
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ORDER (SLOVITER, SMITH and FISHER, Circuit Judges) denying Motion by Appellants for Leave to Exceed the Word Limitation for Reply Brief by 3, 188 Words, filed. Panel No.: XCO-008. SLOVITER, Authoring Judge. (MLR)
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| ECF FILER: LETTER from Attorney Francis G.X. Pileggi, Esq. for Appellants Jane Doe and Charles Boone. Counsel is unavailable for the following dates: 05/07/2013, 05/30/2013, 05/31/2013, (FGP) |
| ECF FILER: LETTER from Lauren E. Moak Russell, Esq. for Appellees Wilmington Housing and Frederick S. Purnell, Sr. and Barry M. Willoughby, Esq. for Appellees Wilmington Housing and Frederick S. Purnell, Sr.. Counsel is unavailable for the following dates: 05/09/2013, 05/10/2013, 05/30/2013, 05/31/2013, (BMW) |
| TEXT ONLY ORDER (Clerk) Insofar as Appellants filed a revised motion for leave to file an overlength reply brief, the original motion filed on December 7, 2012 will be marked withdrawn on the docket. (KAG) |
| HARD COPY RECEIVED from Appellants Charles Boone and Jane Doe - Reply Brief. Copies: 10. (KEL) |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Charles Boone and Jane Doe, filed. Certificate of Service dated 12/17/2012 by ECF. (FGP) |
| ECF FILER: Letter to Court Enclosing Appellants' Reply Brief filed by Appellants Charles Boone and Jane Doe. Certificate of Service dated 12/17/2012. (FGP) |
| ECF FILER: UNOPPOSED Motion filed by Appellants Charles Boone and Jane Doe to accept noncompliant filing of Appellants' Reply Brief. Certificate of Service dated 12/17/2012. (FGP) |
| ECF FILER: Motion filed by Appellants to file over-length reply brief responding to Appellees' Brief and Amicus Curiae Brief in Support of Appellees. Certificate of Service dated 12/07/2012. --[Edited 12/10/2012 by AWI] [WITHDRAWN per Clerk's Order of 1/17/13]--[Edited 01/22/2013 by LML] (FGP) |
| ECF FILER: LETTER from Attorney Francis G.X. Pileggi, Esq. for Appellants Jane Doe and Charles Boone. Counsel is unavailable for the following dates: 03/21/2013, 03/22/2013, (FGP) |
| ECF FILER: ENTRY OF APPEARANCE from Jill Agro on behalf of Appellant(s) Jane Doe and Charles Boone. (JKA) |
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ORDER (Clerk) The motion by Appellants for leave to file reply brief to brief of Amicus Curiae is also construed as a motion for leave to file overlength reply brief. So construed, the motion is denied as presented without prejudice to renewal. Counsel is directed to review the Court' Standing Order of 01/09/2012, regarding overlength briefs. If necessary, Appellant may file a renewed motion for leave to file an overlength reply brief provided the motion complies with the Court' Standing Order of 01/09/2012 setting forth the word count of the reply brief. Appellants must file one reply brief responding to the arguments of the Appellees and Amicus on or before 12/17/2012, filed. (AWI)
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| HARD COPY RECEIVED from Amicus Appellee Brady Center to Prevent Gun Violence - Brief. Copies: 10. (EAF) |
| ECF FILER: Motion filed by Appellants to file a Reply Brief to Brief of Amicus-Appellee The Brady Center to Prevent Gun Violence, Construed as a Motion to file overlength reply brief. Certificate of Service dated 12/03/2012. --[Edited 12/04/2012 by AWI] --[Edited 12/06/2012 by AWI] (JKA) |
| ECF FILER: ENTRY OF APPEARANCE from Adam K. Levin on behalf of Amicus Curiae The Brady Center to Prevent Gun Violence. (AKL) |
| ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of The Brady Center to Prevent Gun Violence in support of Appellee/Respondent, filed. Certificate of Service dated 11/30/2012 by ECF. (AKL) |
| HARD COPY RECEIVED from Appellees Frederick S. Purnell, Sr. and Wilmington Housing - Brief. Copies: 10. (SJB) |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Frederick S. Purnell, Sr. and Wilmington Housing, filed. Certificate of Service dated 11/26/2012 by ECF. (BMW) |
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ORDER (Clerk) referring to the merits panel the Motion by Appellants to Seal Portions of Joint Appendix, filed. Parts three and four of the joint Appendix volume II will be held provisionally under seal pending disposition of the motion. SEND TO MERITS PANEL. (MS)
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ORDER (Clerk) referring to the merits panel the Motion by Appellees Wilmington Housing and Frederick S. Purnell, Sr. to file supplemental appendix under seal. The supplemental appendix will be held provisionally under seal pending disposition of the motion, filed. (AWI)
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| COMPLIANCE RECEIVED. Motion by Appellees to file supplemental appendix under seal does not have to be submitted as it was previously filed by the Appellees on 10/23/12. The supplemental sealed appendix of behalf of Appellees was filed on 10/31/12. (MS) |
| NON COMPLIANCE Order issued to Appellees Frederick S. Purnell, Sr. and Wilmington Housing regarding the supplemental sealed appendix filed on 10/31/2012. Please open the attachment for the full text of the Order. Compliance due by 11/05/2012. (MS) |
| HARD COPY RECEIVED from Appellees Frederick S. Purnell, Sr. and Wilmington Housing - Supplemental Appendix entitled joint appendix volume III. Copies: 4. Volumes: 1 [FILED UNDER SEAL] (MCW) |
| ECF FILER: SEALED ELECTRONIC JOINT APPENDIX on behalf of Appellees Frederick S. Purnell, Sr. and Wilmington Housing, filed. Certificate of Service dated 10/31/2012 by hand delivery. (BMW) |
| ECF FILER: UNOPPOSED Motion filed by Appellants Charles Boone and Jane Doe to seal A367-A386 (Filed as part 3 of 5 of the joint appendix volume II) AND A387-427 (Filed as part 4 of 5 of the joint appendix volume II). Certificate of Service dated 10/26/2012. SEND TO MERITS PANEL--[Edited 11/13/2012 by MS] (FGP) |
| HARD COPY RECEIVED from Appellants Charles Boone and Jane Doe - Brief with Addendum and Volume I of Appendix attached. Copies: 10. (RM) |
| HARD COPY RECEIVED from Appellants Charles Boone and Jane Doe - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (MS) |
| NON COMPLIANCE Order issued to Appellants Charles Boone and Jane Doe regarding the brief and/or appendix filed on 10/23/2012. Please open the attachment for the full text of the Order. Compliance due by 10/29/2012. (MS) |
| ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Appellants Charles Boone and Jane Doe , filed. Certificate of Service dated 10/24/2012 by ECF. (FGP) |
| COMPLIANCE RECEIVED. Addendum to brief with missing statement received from Appellants Charles Boone and Jane Doe. Sealed appendix will be submitted by the Appellee. (MS) |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellants Charles Boone and Jane Doe, filed. Certificate of Service dated 10/23/2012 by ECF, hand delivery. (FGP) |
| ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Appellants Charles Boone and Jane Doe containing Statutes, Consititutional Provisions and Court Rules, filed. Certificate of Service dated 10/23/2012 by hand delivery, ECF.--[Edited 10/24/2012 by MS] (FGP) |
| ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellants Charles Boone, Jane Doe and Appellees Frederick S. Purnell, Sr. and Wilmington Housing, filed. Certificate of service dated 10/23/2012 by ECF, hand delivery. (FGP) |
| ECF FILER: CERTIFICATE OF SERVICE for Appellant's Opening Brief, Appendix and Addendum, filed. Service made on 10/23/2012 by hand delivery, ECF.--[Edited 10/24/2012 by MS] (FGP) |
| ECF FILER: UNOPPOSED Motion filed by Appellees Frederick S. Purnell, Sr. and Wilmington Housing to file supplemental appendix under seal. Certificate of Service dated 10/23/2012. SEND TO MERITS PANEL. --[Edited 10/24/2012 by AWI] --[Edited 11/07/2012 by AWI] (LEM) |
| ECF FILER: ENTRY OF APPEARANCE from Jill Agro on behalf of Appellant(s) Jane Doe and Charles Boone. APPEARANCE REMOVED FROM DOCKET SINCE ATTORNEY IS NOT BAR MEMBER. --[Edited 09/19/2012 by AWI] (FGP) |
| FOLLOW UP LETTER to Lauren E. Moak, Esq. and Barry M. Willoughby, Esq. requesting the following document: Disclosure Statement on or before 09/27/2012. (AWI) |
| BRIEFING NOTICE ISSUED. Brief and Appendix on behalf of Appellants Charles Boone and Jane Doe due on or before 10/23/2012. (AWI) |
| ECF FILER: ENTRY OF APPEARANCE from Lauren E. Moak, Esquire on behalf of Appellee(s) Wilmington Housing Authority and Frederick S. Purnell, Sr.. (LEM) |
| ECF FILER: ENTRY OF APPEARANCE from Barry M. Willoughby, Esquire on behalf of Appellee(s) Wilmington Housing Authority and Frederick S. Purnell, Sr.. (BMW) |
| ECF FILER: ENTRY OF APPEARANCE from Francis G. X. Pileggi on behalf of Appellant(s) Jane Doe Charles Boone. (PBO) |
| ECF FILER: ENTRY OF APPEARANCE from Penelope B. O'Connell on behalf of Appellant(s) Jane Doe Charles Boone. (PBO) |
| ECF FILER: Concise Summary of the Case filed by Appellants Charles Boone and Jane Doe, received. (PBO) |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Charles Boone and Jane Doe, filed. (PBO) |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Charles Boone and Jane Doe advising this court that transcripts are already on file in the District Court. Brian Gaffigan. (PBO) |
| RECORD available on District Court CM/ECF. (AWI) |
| CIVIL CASE DOCKETED. Notice filed by Appellants Charles Boone and Jane Doe in District Court No. 1-10-cv-00473. (AWI) |
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