Lanotte v. Highland Capital
| HIGHLAND GLOBAL ALLOCATION FUND, Nominal Defendant, BRYAN WARD, HIGHLAND CAPITAL MANAGEMENT FUND ADVISORS, L.P., ETHAN POWELL, TIMOTHY HUI, BOB FROEHLICH and JOHN HONIS |
| SUSAN LANOTTE, derivatively on behalf of Highland Global Allocation Fund, and on behalf of herself and all ohers similarly situated |
| 20-10649 |
| June 25, 2020 |
| U.S. Court of Appeals, Fifth Circuit |
| Stockholders Suits |
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| ORAL ARGUMENT HEARD before Judges Wiener, Dennis, Duncan. Arguing Person Information Updated for: Michael Barry arguing for Appellant Susan Lanotte; Arguing Person Information Updated for: Stephen Topetzes arguing for Appellee L.P. Highland Capital Management Fund Advisors [20-10649] (SME) [Entered: 03/02/2021 08:36 AM] |
| CASE CALENDARED for Zoom video conference oral argument on Tuesday, 03/02/2021 in the East Courtroom -- 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.. [20-10649] (SME) [Entered: 01/22/2021 09:05 AM] |
| Paper copies of Record Excerpts filed by Appellant Ms. Susan Lanotte in 20-10649 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [20-10649] (CAS) [Entered: 01/05/2021 11:33 AM] |
| Paper copies of Appellant Brief filed by Appellant Ms. Susan Lanotte in 20-10649 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [20-10649] (CAS) [Entered: 01/05/2021 11:30 AM] |
| Paper copies of Appellant Reply Brief filed by Appellant Ms. Susan Lanotte in 20-10649 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-10649] (CAS) [Entered: 01/05/2021 11:21 AM] |
| Paper copies of Appellee Brief filed by Appellees Highland Capital Management Fund Advisors, L.P., Mr. Timothy Hui, Mr. Bryan Ward, Mr. Bob Froehlich, Mr. John Honis, Mr. Ethan Powell and Highland Global Allocation Fund in 20-10649 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-10649] (CAS) [Entered: 01/05/2021 11:09 AM] |
| CASE TENTATIVELY calendared for oral argument for the week of 03/01/2021. [20-10649] (GAM) [Entered: 12/29/2020 02:18 PM] |
| PAPER COPIES REQUESTED for the Appellant Brief filed by Appellant Ms. Susan Lanotte in 20-10649 [ # 9406624-2 ], Record Excerpts filed by Appellant Ms. Susan Lanotte in 20-10649 [ # 9406627-2 ], Appellee Brief filed by Appellees Highland Capital Management Fund Advisors, L.P., Mr. Timothy Hui, Mr. Bryan Ward, Mr. Bob Froehlich, Mr. John Honis, Mr. Ethan Powell and Highland Global Allocation Fund in 20-10649 [ # 9447883-2 ], Appellant Reply Brief filed by Appellant Ms. Susan Lanotte in 20-10649 [ # 9461547-2 ]. Paper Copies of Brief due on 01/04/2021 for Appellees Bob Froehlich, Highland Capital Management Fund Advisors, L.P., Highland Global Allocation Fund, John Honis, Timothy Hui, Ethan Powell and Bryan Ward and Appellant Susan Lanotte.. Paper Copies of Record Excerpts due on 01/04/2021 for Appellant Susan Lanotte. [20-10649] (LEF) [Entered: 12/29/2020 08:19 AM] |
| APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 . Reply Brief deadline satisfied [20-10649] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Ms. Susan Lanotte. Date of service: 12/11/2020 via email - Attorney for Appellants: Barry, Rogers, Steckler; Attorney for Appellees: Flinn, Kornobis, Lechtman, Topetzes [20-10649] (Michael Barry ) [Entered: 12/11/2020 02:35 PM] |
| ATTORNEY NOT PARTICIPATING. Artoush Varshosaz, Philip Griffin, Edwin Cauley, Daniel Rhynhart, Bradley Andreozzi are designated as inactive in this case. Reason:The names of these attorneys are not listed on the brief and they have not filed appearance forms. [20-10649] (LEF) [Entered: 11/23/2020 03:58 PM] |
| APPELLEE'S BRIEF FILED by Highland Capital Management Fund Advisors, L.P., Highland Global Allocation Fund, Mr. Bob Froehlich, Mr. John Honis, Mr. Timothy Hui, Mr. Ethan Powell and Mr. Bryan Ward. # of Copies Provided: 0. E/Res's Brief deadline satisfied. Reply Brief due on 12/11/2020 for Appellant Susan Lanotte [20-10649] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Highland Capital Management Fund Advisors, L.P. and Highland Global Allocation Fund. Date of service: 11/20/2020 via email - Attorney for Appellants: Barry, Rogers, Steckler; Attorney for Appellees: Flinn, Kornobis, Lechtman, Rhynhart, Topetzes [20-10649] (Stephen Topetzes ) [Entered: 11/20/2020 10:05 PM] |
| COURT ORDER granting Joint Motion to view and obtain sealed documents ECF Nos. 40, 51, 61, 64 and 65 filed by Appellant Ms. Susan Lanotte and Appellees Highland Capital Management Fund Advisors, L.P., Mr. Timothy Hui, Mr. Bryan Ward, Mr. Bob Froehlich, Mr. John Honis, Mr. Ethan Powell and Highland Global Allocation Fund [ # 9440912-2 ] [20-10649] (LEF) [Entered: 11/18/2020 08:50 AM] |
| APPEARANCE FORM FILED by Attorney Evan H. Lechtman for Appellee Ethan Powell in 20-10649, Attorney Evan H. Lechtman for Appellee John Honis in 20-10649, Attorney Evan H. Lechtman for Appellee Bob Froehlich in 20-10649, Attorney Evan H. Lechtman for Appellee Bryan Ward in 20-10649, Attorney Evan H. Lechtman for Appellee Timothy Hui in 20-10649 [20-10649] (LEF) [Entered: 11/17/2020 04:42 PM] |
| Attorney Evan H. Lechtman added as counsel of record for Appellees Timothy Hui, Bryan Ward, Bob Froehlich, John Honis and Ethan Powell in 20-10649 [20-10649] (LEF) [Entered: 11/17/2020 03:16 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-10649] (Evan H. Lechtman ) [Entered: 11/17/2020 11:55 AM] |
| UNOPPOSED JOINT STIPULATION filed by Appellees Mr. Bob Froehlich, Highland Capital Management Fund Advisors, L.P., Highland Global Allocation Fund, Mr. John Honis, Mr. Timothy Hui, Mr. Ethan Powell, Mr. Bryan Ward and Appellant Ms. Susan Lanotte to view and obtain sealed document Date of Service: 11/12/2020 via email - Attorney for Appellants: Barry, Rogers, Steckler; Attorney for Appellees: Cauley, Flinn, Kornobis, Rhynhart, Topetzes. [20-10649] (Stephen Topetzes ) [Entered: 11/12/2020 12:28 PM] |
| EXTENSION RECEIVED for Appellees Mr. Bob Froehlich, Highland Capital Management Fund Advisors, L.P., Highland Global Allocation Fund, Mr. John Honis, Mr. Timothy Hui, Mr. Ethan Powell and Mr. Bryan Ward. Extension Granted to and including 11/20/2020. E/Res's Brief deadline updated to 11/20/2020 for Appellees Bob Froehlich, Highland Capital Management Fund Advisors, L.P., Highland Global Allocation Fund, John Honis, Timothy Hui, Ethan Powell and Bryan Ward [20-10649] (LEF) [Entered: 10/21/2020 08:33 AM] |
| Attorney Daniel Erik Rhynhart added as counsel of record for Appellees Timothy Hui, Bryan Ward, Bob Froehlich, John Honis and Ethan Powell in 20-10649 [20-10649] (LEF) [Entered: 10/21/2020 08:05 AM] |
| UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees Highland Capital Management Fund Advisors, L.P. and Highland Global Allocation Fund for filing Appellees' brief until 11/20/2020 [20-10649] (Stephen Topetzes ) [Entered: 10/16/2020 04:09 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Appellant Ms. Susan Lanotte [ # 9406624-2 ] Date of service: 10/08/2020 via email - Attorney for Appellees: Andreozzi, Cauley, Flinn, Griffin, Kornobis, Topetzes, Varshosaz; Attorney for Appellants: Barry, Rogers, Steckler [20-10649] (Michael Barry ) [Entered: 10/08/2020 09:30 AM] |
| RECORD EXCERPTS FILED. # of Copies Provided: 0 [20-10649] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Ms. Susan Lanotte. Date of service: 09/23/2020 via email - Attorney for Appellees: Andreozzi, Cauley, Flinn, Griffin, Kornobis, Topetzes, Varshosaz; Attorney for Appellants: Barry, Rogers, Steckler [20-10649] (Michael Barry ) [Entered: 09/23/2020 04:22 PM] |
| SUFFICIENT APPELLANT'S BRIEF FILED # of Copies Provided: 0 . Sufficient Brief deadline satisfied [20-10649] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED Brief NOT Sufficient as it requires the citations to the record on pages 6 and 7 to be in the proper form ROA. followed by the page numbers.. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. A/Pet's Brief deadline satisfied. Sufficient Brief due on 10/08/2020 for Appellant Susan Lanotte. Appellee's Brief due on 10/23/2020 for Appellees Bob Froehlich, Highland Capital Management Fund Advisors, L.P., Highland Global Allocation Fund, John Honis, Timothy Hui, Ethan Powell and Bryan Ward [20-10649] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Ms. Susan Lanotte. Date of service: 09/23/2020 via email - Attorney for Appellees: Andreozzi, Cauley, Flinn, Griffin, Kornobis, Topetzes, Varshosaz; Attorney for Appellants: Barry, Rogers, Steckler [20-10649] (Michael Barry ) [Entered: 09/23/2020 04:21 PM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the motion received from Appellant Ms. Susan Lanotte because it contains a moot request for the court to obtain the entire record. The court has the entire record, including the sealed documents. Counsel should refile only a motion to view sealed documents. [20-10649] (LEF) [Entered: 09/23/2020 11:35 AM] |
| APPEARANCE FORM FILED by Attorney(s) Meghan Elizabeth Flinn for party(s) Appellee Highland Global Allocation Fund Appellee Highland Capital Management Fund Advisors, L.P., in case 20-10649 [20-10649] (LEF) [Entered: 09/09/2020 10:21 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-10649] (Meghan Elizabeth Flinn ) [Entered: 09/08/2020 10:13 AM] |
APPEARANCE FORM FILED by Attorney(s) Stephen Topetzes for party(s) Appellee Highland Global Allocation Fund Appellee Highland Capital Management Fund Advisors, L.P., in case 20-10649 [20-10649] (LEF) [Entered: 08/13/2020 04:45 PM]
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APPEARANCE FORM FILED by Attorney(s) Theodore Kornobis for party(s) Appellee Highland Global Allocation Fund Appellee Highland Capital Management Fund Advisors, L.P., in case 20-10649 [20-10649] (LEF) [Entered: 08/13/2020 04:42 PM]
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CLERK ORDER granting Motion to extend time to file appellant's brief filed by Appellant Ms. Susan Lanotte. Reason: COVID-19. [ # 9376397-2 ] A/Pet's Brief deadline updated to 09/23/2020 for Appellant Susan Lanotte [20-10649] (LEF) [Entered: 08/13/2020 10:45 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-10649] (Stephen Topetzes ) [Entered: 08/12/2020 04:49 PM]
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UNOPPOSED MOTION filed by Appellant Ms. Susan Lanotte to extend time to file brief as appellant until 09/28/2020 [9376397-2]. Date of service: 08/12/2020 via email - Attorney for Appellees: Andreozzi, Cauley, Griffin, Varshosaz; Attorney for Appellants: Barry, Rogers, Steckler [20-10649] (Michael Barry ) [Entered: 08/12/2020 05:27 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [20-10649] (Theodore Kornobis ) [Entered: 08/12/2020 04:50 PM]
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APPEARANCE FORM FILED by Attorney(s) Michael Barry for party(s) Appellant Susan Lanotte, in case 20-10649 [20-10649] (LEF) [Entered: 08/11/2020 04:07 PM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [20-10649] (Michael Barry ) [Entered: 08/10/2020 04:27 PM]
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APPEARANCE FORM FILED by Attorney Bruce W. Steckler for Appellant Susan Lanotte in 20-10649 [20-10649] (LEF) [Entered: 07/28/2020 03:52 PM]
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APPEARANCE FORM received from Mr. Bruce W. Steckler, Esq. for Ms. Susan Lanotte for the court's review. Lead Counsel? Yes. [20-10649] (Bruce W. Steckler ) [Entered: 07/28/2020 11:02 AM]
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BRIEFING NOTICE ISSUED A/Pet's Brief Due on 08/24/2020 for Appellant Susan Lanotte. [20-10649] (MRW) [Entered: 07/15/2020 10:56 AM]
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ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [20-10649] (MRW) [Entered: 07/15/2020 10:55 AM]
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APPEARANCE FORM FILED by Attorney(s) Laura Kirstine Rogers for party(s) Appellant Susan Lanotte, in case 20-10649 [20-10649] (LEF) [Entered: 07/07/2020 11:17 AM]
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TRANSCRIPT ORDER received advising transcript unnecessary as it is already filed. [20-10649] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellant Ms. Susan Lanotte advising transcript unnecessary as it is already filed. Date of Service: 07/07/2020 via US mail - Attorney for Appellees: Andreozzi, Griffin, Varshosaz; email - Attorney for Appellee: Cauley; Attorney for Appellants: Rogers, Steckler [20-10649] (Laura Kirstine Rogers ) [Entered: 07/07/2020 11:37 AM]
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ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 3:18-CV-2360. Electronic ROA due on 07/22/2020. [20-10649] (LEF) [Entered: 07/07/2020 11:31 AM]
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INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9349640-2] Initial AA Check Due satisfied. [20-10649] (LEF) [Entered: 07/07/2020 11:27 AM]
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APPEARANCE FORM for the court's review. Lead Counsel? No. [20-10649] (Laura Kirstine Rogers ) [Entered: 07/06/2020 07:57 PM]
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PRIVATE CIVIL DIVERSITY CASE docketed. NOA filed by Appellant Ms. Susan Lanotte [20-10649] (LEF) [Entered: 06/25/2020 08:31 AM]
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