Del-Ray Battery v. Douglas Battery
| Del-Ray Battery Company and Golden Eagle Battery, Incorporated |
| Interstate Battery Systems of America, Incorporated and Douglas Battery Company |
| 10-40515 |
| June 7, 2010 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Statutory Actions |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 7, 2011. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| SUPREME COURT ORDER received denying petition for writ of certiorari filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated in 10-40515 on 11/07/2011. [6944836-1] [10-40515] (LGL) [Entered: 11/07/2011 01:48 PM] |
| SUPREME COURT NOTICE that petition for writ of certiorari [6917944-2] was filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated on 06/13/2011. Supreme Court Number: 11-411. [10-40515] (LGL) [Entered: 10/03/2011 02:55 PM] |
| MANDATE ISSUED. Mandate pull date satisfied. [10-40515] (CNF) [Entered: 04/05/2011 08:26 AM] |
| PUBLISHED OPINION FILED. [10-40515 Affirmed ] Judge: CDK , Judge: WED , Judge: LHS Mandate pull date is 04/04/2011 [10-40515] (RMF) [Entered: 03/14/2011 11:18 AM] |
| JUDGMENT ENTERED AND FILED. [10-40515] (RMF) [Entered: 03/14/2011 12:15 PM] |
| RESPONSE filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated to the 28j letter filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated in 10-40515 [ # 6753945-2 ] Date of Service: 03/10/2011 via email - Attorney for Appellant: Shaw; Attorney for Appellee(s): James, Stephens; US mail - Attorney for Appellee(s): James, Stephens [10-40515] (Diane Kay Shaw ) [Entered: 03/10/2011 11:05 AM] |
| RESPONSE filed by Appellees Douglas Battery Company and Interstate Battery Systems of America, Incorporated to the 28j letter filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated in 10-40515 [ # 6753945-2 ] Date of Service: 03/07/2011 via US mail - Attorney for Appellant: Shaw; email - Attorney for Appellant: Shaw; Attorney for Appellee(s): James, Stephens [10-40515] (S. Shawn Stephens ) [Entered: 03/07/2011 05:17 PM] |
| SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated Date of Service: 03/02/2011 via email - Attorney for Appellant: Shaw; Attorney for Appellee(s): James, Stephens [10-40515] (Diane Kay Shaw ) [Entered: 03/02/2011 12:58 PM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Rule 28(j) w/ attachment received from Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated because incorrectly filed as letter filed [10-40515] (JMW) [Entered: 03/02/2011 07:08 AM] |
| ORAL ARGUMENT HEARD before Judges King, Davis, Southwick. Arguing Person Information Updated for: Diane Kay Shaw arguing for Appellants Del-Ray Battery Company and Incorporated Golden Eagle Battery; Arguing Person Information Updated for: S. Shawn Stephens arguing for Appellees Douglas Battery Company and Incorporated Interstate Battery Systems of America [10-40515] (SME) [Entered: 02/28/2011 11:48 AM] |
| MOTION filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated Appellants for leave to file supplemental brief w/ attachments [6749591-2] Attachment included? Yes. Date of service: 02/25/2011 via email - Attorney for Appellant: Shaw; Attorney for Appellee(s): James, Stephens [10-40515] (Diane Kay Shaw ) [Entered: 02/25/2011 09:38 AM] |
| COURT ORDER FILED denying motion to file supplemental brief filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated [ # 6749591-2 ] [10-40515] (SME) [Entered: 02/28/2011 08:46 AM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Letter brief w/ exhs received from Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated because counsel filed as "status report", but they needed to file motion for leave to file letter brief [10-40515] (JMW) [Entered: 02/25/2011 10:07 AM] |
| Exhibits, 1 Env (attachment to pleadings), attachment to pleadings always send with with record on appeal. FILEDROA deadline satisfied. [10-40515] (BCL) [Entered: 02/16/2011 03:41 PM] |
| Argument moved from Wednesday, March 2, 2011 to Monday, February 28, 2011. [10-40515] (GAM) [Entered: 02/08/2011 03:01 PM] |
| APPEARANCE FORM FILED by Attorney(s) S. Shawn Stephens for party(s) Appellee Interstate Battery Systems of America, Incorporated Appellee Douglas Battery Company, in case 10-40515, by Attorney Walter Dudley James III for Appellee Interstate Battery Systems of America, Incorporated in 10-40515, Attorney Walter Dudley James III for Appellee Douglas Battery Company in 10-40515 [10-40515] (CNF) [Entered: 02/07/2011 03:44 PM] |
| Requested exhs. consisting of state court judgments FROM DISTRICT COURT. ROA due on 02/11/2011 [10-40515] (JMW) [Entered: 02/04/2011 02:29 PM] |
| CASE CALENDARED for oral argument on 03/02/2011 in New Orleans in the East Courtroom -- PM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [10-40515] (SME) [Entered: 01/14/2011 09:43 AM] |
| CASE TENTATIVELY calendared for oral argument for the week of 02/28/2011. [10-40515] (GAM) [Entered: 01/03/2011 11:20 AM] |
| Paper copies of appellant reply brief filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated in 10-40515 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [10-40515] (CNF) [Entered: 10/25/2010 02:33 PM] |
| APPELLANT'S REPLY BRIEF FILED by Del-Ray Battery Company and Golden Eagle Battery, Incorporated Date of service: 10/18/2010 via email - Attorney for Appellant: Shaw; Attorney for Appellee: James ; ; [10-40515] REVIEWED AND/OR EDITED. . # of Copies Provided: 0 Reply Brief deadline satisfied. Paper Copies of Brief due on 10/25/2010 for Appellant Del-Ray Battery Company and Appellant Golden Eagle Battery, Incorporated. [10-40515] (Diane Kay Shaw ) [Entered: 10/18/2010 04:15 PM] |
| Paper copies of appellee brief filed by Appellees Douglas Battery Company and Interstate Battery Systems of America, Incorporated in 10-40515 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [10-40515] (BCL) [Entered: 10/07/2010 01:28 PM] |
| PHONE EXTENSION CONFIRMED for Appellees Douglas Battery Company and Interstate Battery Systems of America, Incorporated. Extension granted to and including 10/12/2010. Paper Copies of Brief due on 10/12/2010 for Appellee Douglas Battery Company and Appellee Interstate Battery Systems of America, Incorporated [10-40515] (SBS) [Entered: 10/06/2010 10:18 AM] |
| APPELLEE'S BRIEF FILED by Appellees Douglas Battery Company and Interstate Battery Systems of America, Incorporated Date of service: 09/30/2010 via US mail - Attorney for Appellant: Shaw; email - Attorney for Appellant: Shaw; Attorney for Appellee: James [10-40515] REVIEWED AND/OR EDITED. APPELLEE'S BRIEF FILED . # of Copies Provided: 0 E/Res's Brief deadline satisfied. Paper Copies of Brief due on 10/05/2010 for Appellee Douglas Battery Company and Appellee Interstate Battery Systems of America, Incorporated.. Reply Brief due on 10/18/2010 for Appellant Del-Ray Battery Company and Appellant Golden Eagle Battery, Incorporated [10-40515] (Walter Dudley James III) [Entered: 09/30/2010 04:19 PM] |
| Paper copies of record excerpts filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated in 10-40515 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [10-40515] (CNF) [Entered: 09/17/2010 10:46 AM] |
| Paper copies of appellant brief filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated in 10-40515 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [10-40515] (CNF) [Entered: 09/17/2010 10:34 AM] |
| CLERK ORDER granting motion to file brief out of time filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated [ # 6620223-2 ]; granting motion to file appendix (record excerpts) out of time filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated [ # 6621992-2 ]. [10-40515] (CNF) [Entered: 09/09/2010 10:59 AM] |
| APPELLANT'S BRIEF FILED by Del-Ray Battery Company and Golden Eagle Battery, Incorporated . # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Paper Copies of Brief due on 09/14/2010 for Appellant Del-Ray Battery Company and Appellant Golden Eagle Battery, Incorporated.. Appellee's Brief due on 10/12/2010 for Appellee Douglas Battery Company and Appellee Interstate Battery Systems of America, Incorporated [10-40515] (CNF) [Entered: 09/09/2010 11:05 AM] |
| RECORD EXCERPTS FILED by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated. Record Excerpts NOT Sufficient as they require a certificate of service and they also exceeds the 40 optional page limitation. # of Copies Provided: 0 Sufficient Record Excerpts due on 09/23/2010 for Appellant Del-Ray Battery Company and Appellant Golden Eagle Battery, Incorporated [10-40515] (CNF) [Entered: 09/09/2010 11:12 AM] |
| RECORD EXCERPTS MADE SUFFICIENT filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated in 10-40515 [ # 6623592-2 ]. Sufficient Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 09/14/2010 for Appellant Del-Ray Battery Company and Appellant Golden Eagle Battery, Incorporated. [10-40515] (CNF) [Entered: 09/10/2010 08:18 AM] |
| APPEARANCE FORM FILED by Attorney Diane Kay Shaw for Appellant Golden Eagle Battery, Incorporated in 10-40515, Attorney Diane Kay Shaw for Appellant Del-Ray Battery Company in 10-40515 [10-40515] (CNF) [Entered: 09/09/2010 10:45 AM] |
| UNOPPOSED MOTION filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated to file out of time Record Excerpts [6621992-2]. Date of service: 09/07/2010 via email - Attorney for Appellant: Shaw; US mail - Attorney for Appellee: James [10-40515] (Diane Kay Shaw ) [Entered: 09/07/2010 03:35 PM] |
| UNOPPOSED MOTION filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated to file out of time Appellants' Brief [6620223-2]. Date of service: 09/02/2010 via email - Attorney for Appellant: Shaw; US mail - Attorney for Appellee: James [10-40515] (Diane Kay Shaw ) [Entered: 09/02/2010 04:12 PM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Appellant's Brief because it is filed out of time. Miscellaneous deadline updated to 09/13/2010 for Appellant Del-Ray Battery Company and Appellee Douglas Battery Company [10-40515] (BCL) [Entered: 09/01/2010 03:22 PM] |
| APPEARANCE FORM FILED by Attorneys Walter Dudley James III and Walter Dudley James III in 10-40515 for Appellees Interstate Battery Systems of America, Incorporated and Douglas Battery Company in 10-40515 [10-40515] (ST) [Entered: 08/06/2010 04:47 PM] |
| Attorney Ms. Diane Kay Shaw for Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated is advised to resubmit appearance form. Our records indicate that Ms. Shaw is not an active member.[10-40515] (CJM) [Entered: 08/02/2010 01:43 PM] |
| RECORD ON APPEAL FILED. Record Part: Electronic Pleadings, No. of Volumes: 1 Certified ROA due deadline satisfied. [10-40515] (CNF) [Entered: 07/22/2010 05:10 PM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 08/31/2010 for Appellant Del-Ray Battery Company and Appellant Golden Eagle Battery, Incorporated. [10-40515] (CNF) [Entered: 07/22/2010 05:11 PM] |
| Request issued to district court to CERTIFY THE RECORD ON APPEAL.Notice of Certified ROA Due on 07/07/2010. [10-40515] (JMW) [Entered: 06/22/2010 10:15 AM] |
| SIGNED NOTICE OF APPEAL FILED filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated. (SEND TO SCREENING JUDGE AND PANEL WITH A COPY OF CLERK'S LETTER OF 06/10/2010) [10-40515] (JMW) [Entered: 06/22/2010 10:14 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [6554635-2] Initial AA Check Due satisfied.. Miscellaneous due on 07/15/2010 for Appellant Del-Ray Battery Company and Appellant Golden Eagle Battery, Incorporated to send properly signed NOA.[10-40515] (BCL) [Entered: 06/10/2010 10:02 AM] |
| LETTER OF ADVISEMENT. Reason: NOA is not properly signed. [10-40515] (BCL) [Entered: 06/10/2010 10:04 AM] |
| PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Del-Ray Battery Company and Golden Eagle Battery, Incorporated [10-40515] (BCL) [Entered: 06/07/2010 09:02 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
