Sherice Sargent, et al v. School District of Philadelphia, et al
| SHERICE SARGENT, Individually, as next friend of her minor child, and on behalf of those similarly situated, MICHELE SHERIDAN, Individually, as next friend of her minor child, and on behalf of those similarly situated and JOSHUA MEYER, Individually, as next friend of his minor child, and on behalf of those similarly situated |
| FALLON GIRINI, Individually, as next friend of her minor child, and on behalf of those similarly situated |
| SCHOOL DISTRICT OF PHILADELPHIA |
| STATE OF MASSACHUSETTS, STATE OF PENNSYLVANIA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, DISTRICT OF COLUMBIA, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF WASHINGTON, ASIAN AMERICANS ADVANCING JUSTICE, LATINOJUSTICE PRLDEF and NAACP LEGAL DEFENSE & EDUCATIONAL FUND INC |
| 22-2493 |
| August 16, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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Filing 62
ORDER (Clerk) dismissing case pursuant to Fed. R. App. P. 42(b). (LMR) [Entered: 05/12/2023 12:29 PM]
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| Filing 61 ECF FILER: Motion to Withdraw Case pursuant to Fed. R. App. P. 42(b) filed by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan with costs. Certificate of Service dated 05/10/2023. Service made by ECF. [22-2493] (JFM) [Entered: 05/10/2023 04:07 PM] |
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Filing 60
ORDER (SHWARTZ, MONTGOMERY-REEVES and ROTH, Circuit Judges) denying Motion of Asian Americans Advancing Justice-AAJC, LatinoJustice PRLDEF, and The NAACP Legal Defense & Educational Fund, Inc. as Amici Curiae for Leave to Present Oral Argument. Judge Shwartz, Authoring Judge. (PM) [Entered: 05/03/2023 05:00 PM]
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| Filing 59 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney William K. Kennedy, II, Esq. for Appellee School District of Philadelphia. Case Summary: Whether the District Court correctly denied Appellants' motion for a preliminary injunction regarding the School District of Philadelphia's race neutral high school admissions process for the 2022-2023 school year?. Post Video: YES. [22-2493] (WKK) [Entered: 05/01/2023 12:00 PM] |
| Filing 58 Oral Argument Notification for Tuesday, 05/16/2023. Setting & Time: Maris Courtroom / 10:00am. Location: Philadelphia, PA. (PM) [Entered: 04/26/2023 04:47 PM] |
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Filing 57
ORDER (Clerk) At the direction of the Court the foregoing motion by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan to supplement the record on appeal is granted to the extent it supplements the record with the declarations concerning standing/mootness but denied in all other respects. (LMR) [Entered: 04/06/2023 12:29 PM]
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| Filing 56 ECF FILER: Motion filed by Amicus Appellees AAJC, LatinoJustice PRLDEF and NAACP Legal Defense & Educational Fund Inc for Jin Hee Lee to particpate in oral argument. Certificate of Service dated 03/23/2023. Service made by ECF. [22-2493] (LEJ) [Entered: 03/23/2023 09:02 PM] |
| Filing 55 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Leslie E. John, Esq. for Amicus Appellees AAJC, LatinoJustice PRLDEF and NAACP Legal Defense & Educational Fund Inc. Certificate of Service dated 03/23/2023. Service made by ECF. [22-2493] (LEJ) [Entered: 03/23/2023 08:55 PM] |
| Filing 54 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney William K. Kennedy, II, Esq. for Appellee School District of Philadelphia. Certificate of Service dated 03/21/2023. Service made by ECF. [22-2493] (WKK) [Entered: 03/21/2023 02:35 PM] |
| Filing 53 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Jonathan F. Mitchell, Esq. for Non-Participating Fallon Girini and Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan. Certificate of Service dated 03/18/2023. Service made by ECF. [22-2493] (JFM) [Entered: 03/18/2023 04:32 AM] |
| Filing 52 Calendared for Thursday, 05/18/2023. Calendar Clerk: PM. (TNH) [Entered: 03/16/2023 04:17 PM] |
| Filing 51 ECF FILER: ENTRY OF APPEARANCE from Molly M. Cain on behalf of Amicus Curiae NAACP Legal Defense and Educational Fund, Inc.. [22-2493] (MMC) [Entered: 03/08/2023 03:44 PM] |
| Filing 50 ECF FILER: ENTRY OF APPEARANCE from Allison Scharfstein on behalf of Amicus Curiae NAACP Legal Defense and Educational Fund, Inc. [22-2493] (AS) [Entered: 03/08/2023 03:42 PM] |
| Filing 49 ECF FILER: ENTRY OF APPEARANCE from Jin Hee Lee on behalf of Amicus Curiae NAACP Legal Defense and Educational Fund, Inc.. [22-2493] (JL) [Entered: 03/08/2023 03:38 PM] |
| Filing 48 ECF FILER: LETTER from Attorney Leslie E. John, Esq. for Amicus Appellees AAJC, LatinoJustice PRLDEF and NAACP Legal Defense & Educational Fund Inc. [22-2493] (LEJ) [Entered: 03/06/2023 12:30 PM] |
| Filing 47 ECF FILER: LETTER from Attorney Maxwell S. Mishkin, Esq. for Amicus Appellees AAJC, LatinoJustice PRLDEF and NAACP Legal Defense & Educational Fund Inc. Counsel is unavailable for the following dates: 05/16/2023, 05/17/2023, 05/18/2023, 05/19/2023, [22-2493] (MSM) [Entered: 03/01/2023 11:09 AM] |
| Filing 46 HARD COPY RECEIVED from Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan - Appendix. Copies: 4. Volumes: 3 (Volume I attached to Brief). Received: 7. (EMA) [Entered: 02/27/2023 04:32 PM] |
| Filing 45 HARD COPY RECEIVED from Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan - Reply Brief. Copies: 7. (SJB) [Entered: 02/27/2023 11:46 AM] |
| Filing 44 HARD COPY RECEIVED from Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan - Brief with Volume I of Appendix attached. Copies: 7. (SJB) [Entered: 02/27/2023 11:44 AM] |
| Filing 43 ECF FILER: ENTRY OF APPEARANCE from Francisca D. Fajana on behalf of Amicus Curiae Asian Americans Advancing Justice-AAJC; LatinoJustice PRLDEF; NAACP Legal Defense & Educational Fund, Inc.. [22-2493] (FF) [Entered: 02/24/2023 10:51 AM] |
| Filing 42 TEXT ONLY ORDER (Clerk) directing Attorney Jonathan F. Mitchell, Esq. for Appellants Sherice Sargent, Michele Sheridan, Joshua Meyer to submit 7 hard copies in blue covers for the brief and 4 hard copies in white covers for the appendix e-filed on 11/02/2022 and 4 hard copies in white covers for the appendix volume III e-filed on 11/3/2022. Also, counsel must file 7 hard copies in gray covers for the reply brief e-filed on 01/26/2023. Due on or before 02/28/2023.[Edited docket text]--[Edited 02/23/2023 by MCW] (MCW) [Entered: 02/23/2023 04:16 PM] |
| Filing 41 ECF FILER: Reply by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan to to supplement. Certificate of Service dated 02/06/2023. Service made by ECF [22-2493] [SEND TO MERITS] (JFM) [Entered: 02/06/2023 11:48 PM] |
| Filing 40 ECF FILER: Response filed by Appellee School District of Philadelphia to to supplement. Certificate of Service dated 01/30/2023. [22-2493] [SEND TO MERITS] (WKK) [Entered: 01/30/2023 08:33 PM] |
| Filing 39 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan. Certificate of Service dated 01/26/2023 by ECF. [22-2493] (JFM) [Entered: 01/26/2023 11:57 PM] |
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Filing 38
ORDER (Clerk) The foregoing motion is also construed as a motion to expand the record. So construed, the motion is referred to the merits panel. (LMR) [Entered: 01/25/2023 09:59 AM]
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| Filing 37 ECF FILER: Motion filed by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan to supplement the record on appeal. Certificate of Service dated 01/19/2023. Service made by ECF. [22-2493] [SEND TO MERITS] (JFM) [Entered: 01/19/2023 03:40 PM] |
| Filing 36 TEXT ONLY ORDER (Clerk) granting Unopposed Motion for Extension of Time to File Reply Brief filed by Appellants Sherice Sargent, Michele Sheridan and Joshua Meyer. Appellants' reply brief must be filed and served on or before January 26, 2023. Pursuant to 3d Cir. L.A.R. 31.4, only one motion for extension of time to file a reply brief may be granted. Any further requests for extension of time will be presented to the Court and should be based on exceptional circumstances. (DW) [Entered: 01/19/2023 01:07 PM] |
| Filing 35 ECF FILER: UNOPPOSED Motion filed by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan for Extension of Time to file appellants' reply brief until/for 14 days. Certificate of Service dated 01/12/2023. Service made by ECF. [22-2493] (JFM) [Entered: 01/12/2023 06:26 PM] |
| Filing 34 HARD COPY RECEIVED from Amicus Curiae Asian Americans Advancing Justice-AAJC, LatinoJustice PRLDEF, and the NAACP Legal Defense & Educational Fund, Inc in support of Appellees- Amicus Brief. Copies: 7. (KEL) [Entered: 12/30/2022 03:58 PM] |
| Filing 33 ECF FILER: ENTRY OF APPEARANCE from Maxwell S. Mishkin on behalf of Amicus Curiae Asian Americans Advancing Justice-AAJC; LatinoJustice PRLDEF; NAACP Legal Defense & Education Fund, Inc.. [22-2493] (MSM) [Entered: 12/29/2022 10:46 AM] |
| Filing 32 ECF FILER: ENTRY OF APPEARANCE from Leslie E. John on behalf of Amicus Curiae Asian Americans Advancing Justice-AAJC; LatinoJustice PRLDEF; NAACP Legal Defense & Education Fund, Inc.. [22-2493] (LEJ) [Entered: 12/29/2022 10:45 AM] |
| Filing 31 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Asian Americans Advancing Justice-AAJC; LatinoJustice PRLDEF; NAACP Legal Defense & Education Fund, Inc. in support of Appellee/Respondent. Certificate of Service dated 12/29/2022 by ECF. F.R.A.P. 29(a) Permission: YES. [22-2493] (LEJ) [Entered: 12/29/2022 10:44 AM] |
| Filing 30 HARD COPY RECEIVED from Amicus Appellees District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Pennsylvania, State of Rhode Island and State of Washington - Amicus Brief. Copies: 7. Received: 10. (IDR) [Entered: 12/27/2022 11:55 AM] |
| Filing 29 COMPLIANCE RECEIVED. Electronic Addendum to Amicus Brief is no longer required due to the brief being filed by a goverment agency. (MCW) [Entered: 12/23/2022 02:21 PM] |
| Filing 28 TEXT ONLY ORDER (Clerk) directing Elizabeth N. Dewar, Esq., counsel for Amicus Appellees, to file an Addendum to Amicus Brief containing the Consent Statement that the parties has consented to the filing of the amicus brief in electronic format only. Due on or before 12/27/2022. (MCW) [Entered: 12/23/2022 01:37 PM] |
| Filing 27 HARD COPY RECEIVED from Appellee School District of Philadelphia - Brief. Copies: 7. (IDR) [Entered: 12/23/2022 01:18 PM] |
| Filing 26 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Massachusetts, Pennsylvania, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington in support of Appellee/Respondent. Certificate of Service dated 12/22/2022 by ECF. F.R.A.P. 29(a) Permission: YES. [22-2493] (END) [Entered: 12/22/2022 05:03 PM] |
| Filing 25 ECF FILER: ENTRY OF APPEARANCE from Elizabeth N. Dewar on behalf of Amicus Curiae Massachusetts, Pennsylvania, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington. [22-2493] (END) [Entered: 12/22/2022 04:59 PM] |
| Filing 24 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee School District of Philadelphia. Certificate of Service dated 12/22/2022 by ECF. [Entry edited to reflect the correct event] [22-2493]--[Edited 12/29/2022 by EMA] (WKK) [Entered: 12/22/2022 04:39 PM] |
| Filing 23 Appellee School District of Philadelphia verbally granted an extension of time to file brief until 12/22/2022 pursuant to Third Cir. LAR 31.4. (LMR) [Entered: 12/02/2022 03:11 PM] |
| Filing 22 ECF FILER: ENTRY OF APPEARANCE from Jessica M. Rizzo on behalf of Appellee(s) The School District of Philadelphia. [22-2493] (JR) [Entered: 12/02/2022 02:46 PM] |
| Filing 21 TEXT ONLY ORDER (Clerk) Appellants' Unopposed Motion for Extension of Time to file Brief and Appendix is construed as a Motion for Leave to File Brief and Appendix Out of Time. So construed, the motion is granted with filing as of November 2, 2022. Appellee's brief must be filed and served within thirty (30) days of the date of this ORDER.--[Edited 11/08/2022 by DW] (DW) [Entered: 11/08/2022 04:18 PM] |
| Filing 20 ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan. Certificate of service dated 11/02/2022 by ECF. [22-2493] (JFM) [Entered: 11/03/2022 12:03 AM] |
| Filing 19 ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan. Certificate of service dated 11/02/2022 by ECF. [22-2493] (JFM) [Entered: 11/02/2022 11:57 PM] |
| Filing 18 ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan. Certificate of Service dated 11/02/2022 by ECF. [22-2493] (JFM) [Entered: 11/02/2022 11:52 PM] |
| Filing 17 ECF FILER: UNOPPOSED Motion filed by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan for Extension of Time to file opening appellants' brief and appendix until/for 2 days. Certificate of Service dated 10/31/2022. Service made by ECF. [22-2493] (JFM) [Entered: 10/31/2022 10:12 AM] |
| Filing 16 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan due on or before 10/31/2022. Appendix due on or before 10/31/2022. (LMR) [Entered: 09/19/2022 10:32 AM] |
| Filing 15 ECF FILER: ENTRY OF APPEARANCE from Gene Hamilton on behalf of Appellant(s) Sherice Sargent, Michele Sheridan, Joshua Meyer. [22-2493] (GH) [Entered: 09/08/2022 06:53 PM] |
| Filing 14 FOLLOW UP LETTER to James J. Fitzpatrick, III, Esq., Jonathan F. Mitchell, Esq., and Walter S. Zimolong, III, Esq. for Fallon Girini requesting the following document(s): Appearance Form on or before 09/14/2022. (LMR) [Entered: 08/31/2022 07:57 AM] |
| Filing 13 ECF FILER: Concise Summary of the Case filed by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan. [22-2493] (JFM) [Entered: 08/30/2022 08:23 PM] |
| Filing 12 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee School District of Philadelphia. [22-2493] (WKK) [Entered: 08/29/2022 06:23 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from William K. Kennedy on behalf of Appellee(s) School District of Philadelphia. [22-2493] (WKK) [Entered: 08/29/2022 06:22 PM] |
| Filing 10 ECF FILER: ENTRY OF APPEARANCE from Renee N. Smith on behalf of Appellee(s) School District of Philadelphia. [22-2493] (RNS) [Entered: 08/29/2022 06:20 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from James J. Fitzpatrick on behalf of Appellant(s) Sherice Sargent, Michele Sheridan, Joshua Meyer. [22-2493] (WSZ) [Entered: 08/22/2022 01:59 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Walter S. Zimolong, Esquire on behalf of Appellant(s) Sharice Sargent, Michele Sheridan, Joshua Meyer. [22-2493] (WSZ) [Entered: 08/22/2022 01:58 PM] |
| Filing 7 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan advising this court that transcripts are already on file in the District Court. Lewis Parham. [22-2493] (JFM) [Entered: 08/22/2022 01:16 PM] |
| Filing 6 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan. [22-2493] (JFM) [Entered: 08/21/2022 11:14 PM] |
| Filing 5 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan. [22-2493] (JFM) [Entered: 08/21/2022 11:05 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Jonathan F. Mitchell on behalf of Appellant(s) Sherice Sargent, Michele Sheridan, and Joshua Meyer. [22-2493] (JFM) [Entered: 08/21/2022 10:59 PM] |
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Filing 3
ORDER (Clerk) To facilitate electronic filing for larger groups of parties represented by the same attorney, the first named party in each group will be the designated filer, as follows: For all parties represented by William K. Kennedy, Esq., Renee N. Smith, Esq., or any other attorney from Montgomery McCracken Walker & Rhoads, the designated filer shall be The School District of Philadelphia. Counsel is advised that the designated filer is for CM/ECF filing purposes only. Names of all represented parties must be listed on all forms, motions, and briefs. Attorneys representing smaller groups of parties must select all individual persons or entities as filers in CM/ECF. (LMR) [Entered: 08/16/2022 05:49 PM]
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| Filing 2 RECORD available on District Court CM/ECF. (LMR) [Entered: 08/16/2022 05:46 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Joshua Meyer, Sherice Sargent and Michele Sheridan in District Court No. 2-22-cv-01509. (LMR) [Entered: 08/16/2022 05:43 PM] |
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