Joshua Otero v. Christian Kane, et al
| JOSHUA OTERO, as Administrator of the Estate of Virgen Martinez, Deceased |
| TAHIR ELLISON, POLICE OFFICER ALEXANDER HERNANDEZ, CITY OF PHILADELPHIA and POLICE OFFICER CHRISTIAN KANE |
| 24-2907 |
| October 11, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Helen A. Lawless on behalf of Appellee(s) JOSHUA OTERO, as Administrator of the Estate of Virgen Martinez, Deceased. [24-2907] (HAL) [Entered: 11/20/2024 09:50 AM] |
| Filing 19 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 11/13/2024 08:43 AM] |
| Filing 18 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Alexander Hernandez and Christian Kane due on or before 12/23/2024. Appendix due on or before 12/23/2024. (AMR) [Entered: 11/13/2024 08:40 AM] |
| Filing 17 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Christian Kane and Alexander Hernandez advising this court that transcripts are already on file in the District Court. Requested date(s) are: May 30, 2024, to be filed by [24-2907] (ARZ) [Entered: 11/12/2024 04:44 PM] |
| Filing 16 ECF FILER: Concise Summary of the Case filed by Appellants Alexander Hernandez and Christian Kane. [24-2907] (ARZ) [Entered: 11/12/2024 11:07 AM] |
| Filing 15 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Christian Kane and Alexander Hernandez. [24-2907] (ARZ) [Entered: 11/12/2024 11:04 AM] |
Filing 14
ORDER (Clerk) This appeal will not be submitted to a motions panel for possible dismissal due to a jurisdictional defect at this time. The issue of jurisdiction is referred to the merits panel for consideration after briefing. This order does not represent a finding of jurisdiction in this matter. As in all cases, the panel of this Court that reviews the appeal on its merits will make a final determination of jurisdiction. A briefing schedule will be issued at the appropriate time. The parties should address jurisdiction in their briefs. See Fed. R. App. P. 28(a)(4) & 28(b). (CJG) [Entered: 11/08/2024 12:32 PM]
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| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Kelly J. Fox on behalf of Appellant(s) Tahir Ellison. [24-2907] (KJF) [Entered: 11/06/2024 01:44 PM] |
| Filing 12 FOLLOW UP LETTER to Attorney Adam R. Zurbriggen, Esq. for Appellants Christian Kane, Alexander Hernandez and Appellee City of Philadelphia requesting the following document(s): Concise Summary on or before 11/12/2024. Information Statement on or before 11/12/2024. Transcript Purchase Order on or before 11/12/2024. (AMR) [Entered: 10/28/2024 04:49 PM] |
| Filing 11 FOLLOW UP LETTER to Attorney Kelly J. Fox, Esq. for Appellee Tahir Ellison requesting the following document(s): Appearance Form within 14 days. (AMR) [Entered: 10/28/2024 04:44 PM] |
| Filing 10 ECF FILER: Show Cause Response filed by Attorney Charles L. Becker, Esq. for Appellee Joshua Otero. [24-2907] (CLB) [Entered: 10/24/2024 06:40 PM] |
| Filing 9 ECF FILER: Show Cause Response filed by Attorney Adam R. Zurbriggen, Esq. for Appellee City of Philadelphia and Appellants Alexander Hernandez and Christian Kane. [24-2907] (ARZ) [Entered: 10/24/2024 04:35 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Adam R. Zurbriggen, Esq. on behalf of Appellant(s) Police Officers Christian Kane and Alexander Hernandez. [24-2907] (ARZ) [Entered: 10/24/2024 04:30 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Kimberly M. Collins on behalf of Appellee(s) JOSHUA OTERO, as Administrator of the Estate of Virgen Martinez, Deceased. [24-2907] (KMC) [Entered: 10/16/2024 02:26 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Ruxandra M. Laidacker on behalf of Appellee(s) JOSHUA OTERO, as Administrator of the Estate of Virgen Martinez, Deceased. [24-2907] (RML) [Entered: 10/16/2024 02:24 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Charles L. Becker on behalf of Appellee(s) JOSHUA OTERO, as Administrator of the Estate of Virgen Martinez, Deceased. [24-2907] (CLB) [Entered: 10/16/2024 02:22 PM] |
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Filing 4
ORDER (Clerk) Appellants seek review of the District Court order entered September 12, 2024. The order on appeal may not be final within the meaning of 28 U.S.C. 1291 and may not otherwise be appealable at this time. Compare Mitchell v. Forsyth, 472 U.S. 511, 530 (1985), with Johnson v. Jones, 515 U.S. 304, 319-20 (1995), and Monteiro v. City of Elizabeth, 436 F.3d 397, 405 (3d Cir. 2006); see also Barton v. Curtis, 497 F.3d 331, 336 (3d Cir. 2007); Doe v. Groody, 361 F.3d 232, 237-38 (3d Cir. 2004); In re Montgomery County, 215 F.3d 367, 373-74 (3d Cir. 2000). All parties must file written responses addressing this issue, with a certificate of service attached, within fourteen (14) days from the date of this order. (AMR) [Entered: 10/11/2024 03:58 PM]
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| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 10/11/2024 03:56 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 10/11/2024 03:55 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Alexander Hernandez and Christian Kane in District Court No. 2-22-cv-04141. (AMR) [Entered: 10/11/2024 03:53 PM] |
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