Miller v. Federation of Southern Coop
| Sid Miller, On behalf of himself and others similarly situated, Greg Macha, James Meek, Lorinda O'Shaughnessy and Jeff Peters |
| Federation of Southern Cooperatives/Land Assistance Fund |
| Tom Vilsack, In his official capacity as Secretary of Agriculture |
| 21-11271 |
| December 22, 2021 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Miller v. Federation of Southern Coop |
Docket Report
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This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| TRANSCRIPT ALREADY FILED IN DISTRICT COURT (SEE DOC #67) Transcript Order: Court Reporter: Zoie Williams, Dt. Filed in Dist. Ct: 07/07/2021 [21-11271] (RAJ) [Entered: 01/31/2022 08:53 AM] |
| ACKNOWLEDGMENT Transcript Order: Court Reporter: Zoie Williams, (unnecessary transcript has already been filed see doc# 67) Est. No.of Pgs: 25, Proceeding Type and Date: Motion Hearing 06/30/2021. [21-11271] (RAJ) [Entered: 01/31/2022 08:57 AM] |
| COURT REPORTER ACKNOWLEDGMENT received [21-11271] (Zoie Williams ) [Entered: 01/29/2022 11:06 AM] |
| NOTICE RECEIVED that the transcript ordered by Appellant Federation of Southern Cooperatives/Land Assistance Fund is complete and has been filed in the District Court. [21-11271] (Zoie Williams ) [Entered: 01/29/2022 12:05 PM] |
| NOTICE RECEIVED that the transcript ordered by Appellant Federation of Southern Cooperatives/Land Assistance Fund is complete and has been filed in the District Court. [21-11271] (Zoie Williams ) [Entered: 01/29/2022 12:07 PM] |
| CASE CALENDARED for oral argument on Monday, 03/07/2022 in New Orleans in the West 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.. [21-11271] (PFT) [Entered: 01/28/2022 02:27 PM] |
| Paper copies of Appellee Brief filed by Appellees Mr. Sid Miller, Mr. Greg Macha, Mr. James Meek, Ms. Lorinda O'Shaughnessy and Mr. Jeff Peters in 21-11271 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11271] (MFY) [Entered: 01/24/2022 03:30 PM] |
| Paper copies of Appellant Reply Brief filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund in 21-11271 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11271] (MFY) [Entered: 01/24/2022 04:07 PM] |
| APPELLANT'S REPLY BRIEF FILED Reply Brief deadline satisfied. Paper Copies of Brief due on 01/26/2022 for Appellant Federation of Southern Cooperatives/Land Assistance Fund. [21-11271] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Federation of Southern Cooperatives/Land Assistance Fund. Date of service: 01/20/2022 via email - Attorney for Appellants: Cooper, Tauber; Attorney for Appellees: Dover, Hamilton, Mitchell, Sandberg, Starcher [21-11271] (Andrew E. Tauber ) [Entered: 01/20/2022 07:04 PM] |
| Paper copies of Appellee Brief filed by Appellee Mr. Tom Vilsack in 21-11271 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11271] (LEF) [Entered: 01/20/2022 10:12 AM] |
| APPEARANCE FORM FILED by Attorney(s) Gene Patrick Hamilton for party(s) Appellee James Meek Appellee Sid Miller Appellee Greg Macha Appellee Lorinda O'Shaughnessy Appellee Jeff Peters, in case 21-11271 [21-11271] (RSM) [Entered: 01/17/2022 03:14 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [21-11271] (Gene Patrick Hamilton ) [Entered: 01/14/2022 04:15 PM] |
| CASE TENTATIVELY calendared for oral argument for the week of 03/07/2022. [21-11271] (GAM) [Entered: 01/13/2022 10:31 AM] |
| APPELLEE'S BRIEF FILED by Mr. Tom Vilsack. # of Copies Provided: 0 E/Res's Brief deadline satisfied. Paper Copies of Brief due on 01/19/2022 for Appellee Tom Vilsack. [21-11271] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Mr. Tom Vilsack. Date of service: 01/13/2022 via email - Attorney for Appellants: Cooper, Tauber; Attorney for Appellees: Dover, Mitchell, Sandberg, Starcher [21-11271] (Jeffrey Eric Sandberg ) [Entered: 01/13/2022 06:30 PM] |
| APPELLEE'S BRIEF FILED by Mr. Greg Macha, Mr. James Meek, Mr. Sid Miller, Ms. Lorinda O'Shaughnessy and Mr. Jeff Peters. # of Copies Provided: 0 E/Res's Brief deadline satisfied. Paper Copies of Brief due on 01/19/2022 for Appellees Greg Macha, James Meek, Sid Miller, Lorinda O'Shaughnessy and Jeff Peters. [21-11271] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S MEMORANDUM BRIEF FILED by Mr. Greg Macha, Mr. James Meek, Mr. Sid Miller, Ms. Lorinda O'Shaughnessy and Mr. Jeff Peters. Date of service: 01/13/2022 via email - Attorney for Appellants: Cooper, Tauber; Attorney for Appellees: Dover, Mitchell, Sandberg, Starcher [21-11271] (Jonathan F. Mitchell ) [Entered: 01/13/2022 11:23 PM] |
| OPPOSED MOTION filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund to stay district court proceedings [9750339-2] Ruling is requested by: 01/07/2022. [21-11271] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund to stay district court proceedings [9750339-2] Ruling is requested by: 01/07/2022. Date of service: 01/07/2022 via email - Attorney for Appellants: Cooper, Tauber; Attorney for Appellees: Dover, Mitchell, Sandberg, Starcher [21-11271] (Andrew E. Tauber ) [Entered: 01/07/2022 11:14 AM] |
| COURT ORDER denying Motion to stay district court proceedings filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund [ # 9750339-2 ] [21-11271] (RAJ) [Entered: 01/07/2022 02:13 PM] |
| APPEARANCE FORM FILED by Attorney Chase Johnson Cooper for Appellant Federation of Southern Cooperatives/Land Assistance Fund in 21-11271 [21-11271] (CAS) [Entered: 01/06/2022 02:32 PM] |
| APPEARANCE FORM received from Mr. Chase Johnson Cooper for Federation of Southern Cooperatives/Land Assistance Fund for the court's review. Lead Counsel? No. [21-11271] (Chase Johnson Cooper ) [Entered: 01/05/2022 02:46 PM] |
| Paper copies of Appellant Brief filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund in 21-11271 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11271] (LEF) [Entered: 01/06/2022 02:56 PM] |
| Paper copies of Record Excerpts filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund in 21-11271 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [21-11271] (LEF) [Entered: 01/06/2022 03:13 PM] |
| RECORD EXCERPTS FILED by Appellant Federation of Southern Cooperatives/Land Assistance Fund. # of Copies Provided: 0 Paper Copies of Record Excerpts due on 01/10/2022 for Appellant Federation of Southern Cooperatives/Land Assistance Fund. [21-11271] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Federation of Southern Cooperatives/Land Assistance Fund. Date of service: 12/30/2021 via email - Attorney for Appellants: Cooper, Tauber; Attorney for Appellees: Dover, Mitchell, Sandberg, Starcher [21-11271] (Andrew E. Tauber ) [Entered: 12/30/2021 10:18 PM] |
| APPELLANT'S BRIEF FILED by Federation of Southern Cooperatives/Land Assistance Fund. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Paper Copies of Brief due on 01/10/2022 for Appellant Federation of Southern Cooperatives/Land Assistance Fund. [21-11271] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Federation of Southern Cooperatives/Land Assistance Fund. Date of service: 12/30/2021 via email - Attorney for Appellants: Cooper, Tauber; Attorney for Appellees: Dover, Mitchell, Sandberg, Starcher [21-11271] (Andrew E. Tauber ) [Entered: 12/30/2021 10:08 PM] |
| APPEARANCE FORM FILED by Attorney Jonathan F. Mitchell for Appellee Jeff Peters in 21-11271, Attorney Jonathan F. Mitchell for Appellee Lorinda O'Shaughnessy in 21-11271, Attorney Jonathan F. Mitchell for Appellee James Meek in 21-11271, Attorney Jonathan F. Mitchell for Appellee Greg Macha in 21-11271, Attorney Jonathan F. Mitchell for Appellee Sid Miller in 21-11271 [21-11271] (MFY) [Entered: 12/30/2021 01:41 PM] |
| 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. [21-11271] (DDL) [Entered: 12/29/2021 01:25 PM] |
| APPEARANCE FORM FILED by Attorney Jonathan F. Mitchell for Appellee Jeff Peters in 21-11271, Attorney Jonathan F. Mitchell for Appellee Lorinda O'Shaughnessy in 21-11271, Attorney Jonathan F. Mitchell for Appellee James Meek in 21-11271, Attorney Jonathan F. Mitchell for Appellee Greg Macha in 21-11271, Attorney Jonathan F. Mitchell for Appellee Sid Miller in 21-11271 [21-11271] (RAJ) [Entered: 12/29/2021 02:13 PM] |
| The Motion to expedite appeal filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund in 21-11271 [ # 9742083-2 ] has been made sufficient. Sufficient Mtn/Resp/Rpl deadline satisfied. [21-11271] (MFY) [Entered: 12/28/2021 01:25 PM] |
| APPEARANCE FORM FILED by Attorney(s) Jack Starcher for party(s) Appellee Tom Vilsack, in case 21-11271 [21-11271] (MVM) [Entered: 12/28/2021 12:31 PM] |
| CASE CAPTION updated. Appellee Tom Vilsack added to case. Reason: appellant advised this party should be included in the appeal., Party information modified for Federation of Southern Cooperatives/Land Assistance Fund in 21-11271. [21-11271] (MVM) [Entered: 12/28/2021 12:08 PM] |
| TRANSCRIPT ORDER received from Appellant Federation of Southern Cooperatives/Land Assistance Fund. DETAILS: (TRANSCRIPT ALREADY ON FILE SEE DOC# 67) Transcript Order: Court Reporter: Zoie Williams, Proceeding Type and Date: Motion Hearing 06/30/2021. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 01/07/2022 for Zoie Williams, Court Reporter. Electronic Filing Processed: [ # 9742837-2 ] [21-11271] (RAJ) [Entered: 12/28/2021 02:29 PM] |
| APPEARANCE FORM FILED by Attorney Jeffrey Eric Sandberg for Appellee Tom Vilsack in 21-11271 [21-11271] (MVM) [Entered: 12/28/2021 12:28 PM] |
| APPEARANCE FORM FILED by Attorney(s) Marleigh D. Dover for party(s) Appellee Tom Vilsack, in case 21-11271 [21-11271] (MVM) [Entered: 12/28/2021 12:32 PM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:21-CV-595. Electronic ROA due on 01/03/2022. [21-11271] (RAJ) [Entered: 12/28/2021 03:49 PM] |
| TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Zoie Williams, Dt. Filed in Dist. Ct: 07/07/2021 Ct. Reporter Acknowledgment deadline canceled [21-11271] (RAJ) [Entered: 12/28/2021 03:48 PM] |
| COURT ORDER granting Motion to expedite appeal filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund [ # 9742083-2 ] [21-11271] (MFY) [Entered: 12/28/2021 02:42 PM] |
| BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 12/30/2021 for Appellant Federation of Southern Cooperatives/Land Assistance Fund.. Appellee's Brief due on 01/13/2022 for Appellees Greg Macha, James Meek, Sid Miller, Lorinda O'Shaughnessy, Jeff Peters and Tom Vilsack.. Reply Brief due on 01/20/2022 for Appellant Federation of Southern Cooperatives/Land Assistance Fund. [21-11271] (MFY) [Entered: 12/28/2021 03:09 PM] |
| APPEARANCE FORM received from Mr. Jonathan F. Mitchell for Mr. Greg Macha, Mr. James Meek, Mr. Sid Miller, Ms. Lorinda O'Shaughnessy and Mr. Jeff Peters for the court's review. Lead Counsel? Yes. [21-11271] (Jonathan F. Mitchell ) [Entered: 12/28/2021 09:39 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9742435-2] Initial AA Check Due satisfied.. Transcript order due on 01/11/2022 for Appellant Federation of Southern Cooperatives/Land Assistance Fund [21-11271] (MFY) [Entered: 12/27/2021 11:17 AM] |
| ATTORNEY TRANSCRIPT ORDER form filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund re: Motion for Preliminary Injunction Hearing held on 6/30/2021 for the Court to process. Date of service: 12/27/2021 via US mail - Attorney for Appellant: Cooper; email - Attorney for Appellee: Mitchell; Attorney for Appellant: Tauber. [21-11271] (Andrew E. Tauber ) [Entered: 12/27/2021 04:27 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [21-11271] (Marleigh D. Dover ) [Entered: 12/25/2021 01:09 PM] |
| APPEARANCE FORM FILED by Attorney(s) Andrew E. Tauber for party(s) Appellant Federation of Southern Cooperatives/Land Assistance Fund, in case 21-11271 [21-11271] (CNF) [Entered: 12/23/2021 01:37 PM] |
| MOTION to expedite the appeal [9742083-2]. Document is insufficient for the following reasons: lacks Certificate of Conference Sufficient Mtn/Resp/Reply due on 01/06/2022 for Appellant Federation of Southern Cooperatives/Land Assistance Fund [21-11271] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund to expedite the appeal [9742083-2]. Date of service: 12/23/2021 via email - Attorney for Appellee: Mitchell; Attorney for Appellant: Tauber [21-11271] (Andrew E. Tauber ) [Entered: 12/23/2021 04:50 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-11271] (Jeffrey Eric Sandberg ) [Entered: 12/23/2021 08:11 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [21-11271] (Jack Starcher ) [Entered: 12/23/2021 08:34 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-11271] (Andrew E. Tauber ) [Entered: 12/22/2021 04:26 PM] |
| US CIVIL CASE docketed. NOA filed by Appellant Federation of Southern Cooperatives/Land Assistance Fund [21-11271] (MFY) [Entered: 12/22/2021 02:30 PM] |
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