Edward Burdett v. Remington Arms Company, L.L.C., et al
| REMINGTON ARMS COMPANY, L.L.C. and SPORTING GOODS PROPERTIES, INCORPORATED |
| EDWARD BURDETT |
| 16-11216 |
| August 10, 2016 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Docket Report
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| Document Text |
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| MANDATE ISSUED. Mandate pull date satisfied. [16-11216] (NFD) |
| REVISED PUBLISHED OPINION FILED. [ # 8476374-2 ] [16-11216] (ACM) |
| COURT ORDER granting motion to modify opinion filed by Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated [ # 8483527-2 ] Judge(s): JES, CH and RAJ. [16-11216] (ACM) |
| UNOPPOSED MOTION to modify opinion [8483527-2]. [16-11216] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated to amend judgment [8483527-2]. Date of service: 04/27/2017 via email - Attorney for Appellants: Monsees, Thrasher; Attorney for Appellees: Jordan, Lothson, Wills [16-11216] (Dale Gene Wills ) |
| PUBLISHED OPINION FILED. [16-11216 Affirmed] Judge: JES, Judge: CH, Judge: RAJ. Mandate pull date is 05/10/2017 [16-11216] (EAB) |
| JUDGMENT ENTERED AND FILED. [16-11216] (EAB) |
| ORAL ARGUMENT HEARD before Judges Smith, Haynes, Junell. Arguing Person Information Updated for: James David Jordan arguing for Appellee L.L.C. Remington Arms Company and Sporting Goods Properties; Arguing Person Information Updated for: Robert Thrasher arguing for Appellant Edward Burdett [16-11216] (PFT) |
| JOINT SUPPLEMENTAL LETTER BRIEF FILED AS APPELLEE'S SUPPLEMENTAL BRIEF FILED # of Copies Provided: 0 Miscellaneous deadline satisfied [16-11216] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S SUPPLEMENTAL BRIEF FILED # of Copies Provided: 0 Miscellaneous deadline satisfied [16-11216] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S SUPPLEMENTAL BRIEF FILED by Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated Date of service: 04/03/2017 via email - Attorney for Appellants: Monsees, Thrasher; Attorney for Appellees: Jordan, Lothson, Wills [16-11216] (Andrew Arthur Lothson ) |
| ORAL ARGUMENT panel has requested of the parties the following: The attorneys should be prepared to discuss whether the district court had diversity jurisdiction. That depends in part on the principal place of business of corporate parties and of the citizenship of entities that are LLCs. See, e.g., Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., No. 16-20109, 2017 U.S. App. LEXIS 5115, 2017 WL 1088275 (5th Cir. Mar. 22, 2017); Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5th Cir. 2008). The attorneys are directed to submit, by April 3, 2017, letter briefs of not more than five pages addressing jurisdiction. Miscellaneous due on 04/03/2017 for Appellant Edward Burdett and Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated [16-11216] (PFT) |
| CASE CALENDARED for oral argument on Thursday, 04/06/2017 in Lubbock -- AM 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.. [16-11216] (PFT) |
| APPEARANCE FORM FILED by Attorney(s) Robert Thrasher for party(s) Appellant Edward Burdett, in case 16-11216 [16-11216] (RSM) |
| APPEARANCE FORM Robert A.Thrasher for the court's review. Lead Counsel? No.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-11216] (Robert Thrasher ) |
| CASE TENTATIVELY calendared for oral argument for the week of 04/03/2017. [16-11216] (GAM) |
| Paper copies of appellant reply brief filed by Appellant Mr. Edward Burdett in 16-11216 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [16-11216] (MRW) |
| APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied. Paper Copies of Brief due on 01/04/2017 for Appellant Edward Burdett. [16-11216] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Edward Burdett. Date of service: 12/28/2016 via email - Attorney for Appellant: Monsees; Attorney for Appellees: Jordan, Lothson, Wills [16-11216] (Timothy W. Monsees ) |
| Paper copies of appellee brief filed by Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated in 16-11216 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [16-11216] (MRW) |
| APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied. Reply Brief due on 12/29/2016 for Appellant Edward Burdett. Paper Copies of Brief due on 12/20/2016 for Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated. [16-11216] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated. Date of service: 12/15/2016 via email - Attorney for Appellant: Monsees; Attorney for Appellees: Jordan, Lothson, Wills [16-11216] (Dale Gene Wills ) |
| EXTENSION RECEIVED for Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated. Extension Granted in Part to and including 12/15/2016. Reason: Lacking Substantial Reason(s). E/Res's Brief deadline updated to 12/15/2016 for Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated [16-11216] (PAC) |
| UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated for filing Motion for Extension to File Appellees' Brief until 12/30/2016 at 11:59 pm. [16-11216] (Andrew Arthur Lothson ) |
| Paper copies of record excerpts filed by Appellant Mr. Edward Burdett in 16-11216 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [16-11216] (RSM) |
| Paper copies of appellant brief filed by Appellant Mr. Edward Burdett in 16-11216 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [16-11216] (RSM) |
| APPELLANT'S BRIEF FILED by Mr. Edward Burdett. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 11/30/2016 for Appellees Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated. Paper Copies of Brief due on 11/02/2016 for Appellant Edward Burdett. [16-11216] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Edward Burdett. Date of service: 10/28/2016 via email - Attorney for Appellant: Monsees; Attorney for Appellees: Jordan, Lothson, Wills [16-11216] (Timothy W. Monsees ) |
| RECORD EXCERPTS FILED by Appellant Mr. Edward Burdett. # of Copies Provided: 0 Paper Copies of Record Excerpts due on 11/02/2016 for Appellant Edward Burdett. [16-11216] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Edward Burdett. Date of service: 10/28/2016 via email - Attorney for Appellant: Monsees; Attorney for Appellees: Jordan, Lothson, Wills [16-11216] (Timothy W. Monsees ) |
| UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellant Mr. Edward Burdett for filing Appellant's Brief until 10/31/2016 at 11:59 pm. [16-11216] (Timothy W. Monsees ) |
| EXTENSION RECEIVED for Appellant Mr. Edward Burdett. Extension Granted to and including 10/31/2016. A/Pet's Brief deadline updated to 10/31/2016 for Appellant Edward Burdett [16-11216] (MFY) |
| ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [16-11216] (MRB) |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 10/11/2016 for Appellant Edward Burdett. [16-11216] (MRB) |
| APPEARANCE FORM FILED by Attorney(s) Andrew Arthur Lothson for party(s) Appellee Remington Arms Company, L.L.C. Appellee Sporting Goods Properties, Incorporated, in case 16-11216 [16-11216] (CB) |
| APPEARANCE FORM FILED by Attorney(s) Dale Gene Wills for party(s) Appellee Remington Arms Company, L.L.C. Appellee Sporting Goods Properties, Incorporated, in case 16-11216 [16-11216] (CAS) |
| APPEARANCE FORM FILED [16-11216] (LEF) |
| APPEARANCE FORM received from Mr. James David Jordan for Remington Arms Company, L.L.C. and Sporting Goods Properties, Incorporated for the court's review. Lead Counsel? No.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-11216] (James David Jordan ) |
| APPEARANCE FORM Andrew A. Lothson for the court's review. Lead Counsel? No.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-11216] (Andrew Arthur Lothson ) |
| APPEARANCE FORM Dale G. Wills for the court's review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-11216] (Dale Gene Wills ) |
| APPEARANCE FORM FILED by Attorney Timothy W. Monsees for Appellant Edward Burdett in 16-11216 [16-11216] (LEF) |
| TRANSCRIPT ORDER received advising transcript unnecessary [16-11216] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellant Mr. Edward Burdett advising transcript unnecessary for appeal purposes. Date of Service: 08/17/2016 via email - Attorney for Appellant: Monsees; Attorney for Appellee: Jordan [16-11216] (Timothy W. Monsees ) |
| APPEARANCE FORM received from Mr. Timothy W. Monsees for Mr. Edward Burdett for the court's review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [16-11216] (Timothy W. Monsees ) |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [8284142-2] Initial AA Check Due satisfied. [16-11216] (CAG) |
| ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 3:15-CV-4038. Electronic ROA due on 08/30/2016. [16-11216] (CAG) |
| PRIVATE CIVIL DIVERSITY CASE docketed. NOA filed by Appellant Mr. Edward Burdett [16-11216] (RLL) |
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