Michael Smart v. State of Texas, et al
| NORMA FAVELA BARCELEAU, El Paso County District Clerk, in her official and individual capacity, JOHN PASSMORE, State of Texas, Assistant State Attorney, Child Support Division, in his individual capacity, KEN PAXTON, Texas Attorney General, in his official capacity, GREG ABBOTT, GOVERNOR OF THE STATE OF TEXAS, in his official capacity and LORI GONZALEZ, El Paso County Assistant District Clerk, Family Court, in her individual capacity |
| MICHAEL C. SMART, Individually and as Next of Friend of T.L., a Minor Child |
| 19-50783 |
| August 20, 2019 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Docket Report
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| Document Text |
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| MOTION filed by Appellees Greg Abbott, Governor of the State of Texas, Mr. John Passmore and Mr. Ken Paxton to dismiss appeal as frivolous [9166558-2]. Date of service: 10/14/2019 Response/Opposition due on 10/28/2019. [19-50783] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellees Greg Abbott, Governor of the State of Texas, Mr. John Passmore and Mr. Ken Paxton to dismiss appeal as frivolous [9166558-2]. Date of service: 10/14/2019 via email - Attorney for Appellees: Graydon, Untereker; US mail - Appellant Smart [19-50783] (Scot Macdonald Graydon ) [Entered: 10/14/2019 10:07 AM] |
| PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. Michael C. Smart in 19-50783 [ # 9152534-2 ] Record Excerpts have been deemed sufficient. Sufficient Record Excerpts deadline satisfied [19-50783] (SDH) [Entered: 10/07/2019 11:09 AM] |
| PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. Michael C. Smart in 19-50783 [ # 9152487-2 ] Brief has been deemed sufficient. Sufficient Brief deadline satisfied [19-50783] (SDH) [Entered: 10/07/2019 10:42 AM] |
| APPEARANCE FORM received from Mr. John E. Untereker for Ms. Norma Favela Barceleau and Ms. Lori Gonzalez for the court's review. Lead Counsel? Yes. [19-50783] (John E. Untereker ) [Entered: 09/25/2019 11:38 AM] |
| APPEARANCE FORM FILED by Attorney John E. Untereker for Appellee Lori Gonzalez in 19-50783, Attorney John E. Untereker for Appellee Norma Favela Barceleau in 19-50783 [19-50783] (SDH) [Entered: 09/25/2019 01:39 PM] |
| SUFFICIENT RECORD EXCERPTS FILED by Appellant Mr. Michael C. Smart. Record Excerpts NOT Sufficient as they require a corrected caption and must include tabs between each document. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 4 Sufficient Record Excerpts due on 10/09/2019 for Appellant Michael C. Smart [19-50783] (SDH) [Entered: 09/25/2019 11:05 AM] |
| SUFFICIENT APPELLANT'S BRIEF FILED by Mr. Michael C. Smart. Brief NOT Sufficient as it requires a Cert of Int Parties. Additionally the Brief requires a corrected caption, statement regarding oral argument, standard of review, and blue covers required. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 7 A/Pet's Brief deadline satisfied. Sufficient Brief due on 10/09/2019 for Appellant Michael C. Smart.. Appellee's Brief due on 10/21/2019 for Appellees Greg Abbott, Governor of the State of Texas, Norma Favela Barceleau, Lori Gonzalez, John Passmore and Ken Paxton [19-50783] (SDH) [Entered: 09/25/2019 10:42 AM] |
| APPEARANCE FORM FILED by Attorney Scot Macdonald Graydon for Appellee John Passmore in 19-50783, Attorney Scot Macdonald Graydon for Appellee Ken Paxton in 19-50783, Attorney Scot Macdonald Graydon for Appellee Greg Abbott, Governor of the State of Texas in 19-50783 [19-50783] (SDH) [Entered: 09/17/2019 10:22 AM] |
| APPEARANCE FORM received from Mr. Scot Macdonald Graydon for Greg Abbott, Governor of the State of Texas, Mr. John Passmore and Mr. Ken Paxton for the court's review. Lead Counsel? Yes. [19-50783] (Scot Macdonald Graydon ) [Entered: 09/16/2019 01:35 PM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 10/07/2019 for Appellant Michael C. Smart. [19-50783] (CB) [Entered: 08/28/2019 09:29 AM] |
| ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [19-50783] (CB) [Entered: 08/28/2019 09:28 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9128664-2] Initial AA Check Due satisfied. [19-50783] (WMJ) [Entered: 08/23/2019 11:44 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 3:19-CV-12. Electronic ROA due on 09/09/2019. [19-50783] (WMJ) [Entered: 08/23/2019 11:50 AM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the 'Petition for Permission to Appeal Pursuant to 28 USC 1291' received from Appellant Mr. Michael C. Smart. It appears to be his merits brief which is premature at this time. [19-50783] (PAC) [Entered: 08/26/2019 09:09 AM] |
| CIVIL RIGHTS CASE docketed. NOA filed by Appellant Mr. Michael C. Smart [19-50783] (WMJ) [Entered: 08/20/2019 11:52 AM] |
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| Defendant / appellee: NORMA FAVELA BARCELEAU, El Paso County District Clerk, in her official and individual capacity | |
| Represented By: | John E. Untereker |
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| Defendant / appellee: JOHN PASSMORE, State of Texas, Assistant State Attorney, Child Support Division, in his individual capacity | |
| Represented By: | Scot Macdonald Graydon |
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| Defendant / appellee: KEN PAXTON, Texas Attorney General, in his official capacity | |
| Represented By: | Scot Macdonald Graydon |
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| Defendant / appellee: GREG ABBOTT, GOVERNOR OF THE STATE OF TEXAS, in his official capacity | |
| Represented By: | Scot Macdonald Graydon |
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| Defendant / appellee: LORI GONZALEZ, El Paso County Assistant District Clerk, Family Court, in her individual capacity | |
| Represented By: | John E. Untereker |
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| Plaintiff / appellant: MICHAEL C. SMART, Individually and as Next of Friend of T.L., a Minor Child | |
| Represented By: | Michael C. Smart |
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