Fire Protc Svc v. Survitec
Plaintiff / Appellant: Fire Protection Service, Incorporated
Defendant / Appellee: Survitec Survival Products, Incorporated
Case Number: 21-20145
Filed: March 18, 2021
Court: U.S. Court of Appeals, Fifth Circuit
Nature of Suit: Other Contract Actions

Opinions

We have the following opinions for this case:

Date Filed Description
November 22, 2021 Summary Fire Protection Service, Inc. v. Survitec Survival Products, Inc.
September 28, 2022 Fire Protc Svc v. Survitec

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Docket Report

This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2022 Opinion or Order JUDGMENT ENTERED AND FILED. Costs Taxed Against: Defendant-Appellee. [21-20145] (NFD) [Entered: 09/28/2022 02:46 PM]
September 28, 2022 Opinion or Order UNPUBLISHED OPINION FILED. [21-20145 Reversed and Remanded ] Judge: LHS , Judge: ASO , Judge: CTW. Mandate issue date is 10/20/2022 [21-20145] (NFD) [Entered: 09/28/2022 02:39 PM]
September 27, 2022 Opinion or Order COURT ACTION striking 28j Letter filed by Appellee Survitec Survival Products, Incorporated.[ # 9932800-2 ] [21-20145] (RLL) [Entered: 09/27/2022 10:44 AM]
September 27, 2022 Opinion or Order COURT ORDER striking 28j Letter filed by Appellee Survitec Survival Products, Incorporated. [ # 9932800-2 ] [21-20145] (RLL) [Entered: 09/27/2022 10:38 AM]
September 7, 2022 Opinion or Order NOTICE RECEIVED from the Supreme Court of Texas denying rehearing in 21-1088. [21-20145] (RLL) [Entered: 09/07/2022 03:10 PM]
September 6, 2022 Opinion or Order RESPONSE filed by Appellant Fire Protection Service, Incorporated to the filed by Appellee Survitec Survival Products, Incorporated [ # 9932800-2 ] Date of Service: 09/06/2022 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Wallace B. Jefferson ) [Entered: 09/06/2022 08:40 PM]
September 6, 2022 Opinion or Order STRICKEN SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellee Survitec Survival Products, Incorporated Date of Service: 09/06/2022 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan. [21-20145] (Jeremy Gaston ) [Entered: 09/06/2022 11:01 AM]
July 12, 2022 Opinion or Order NOTICE RECEIVED from the Supreme Court of Texas. Petition for Rehearing filed 07/08/2022. [21-20145] (RLL) [Entered: 07/12/2022 08:03 AM]
July 8, 2022 Opinion or Order LETTER filed by Appellee Survitec Survival Products, Incorporated referencing filed by Appellee Survitec Survival Products, Incorporated [ # 9885540-2 ]. Date of Service: 07/08/2022 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Jeremy Gaston ) [Entered: 07/08/2022 05:34 PM]
July 5, 2022 Opinion or Order LETTER filed by Appellee Survitec Survival Products, Incorporated referencing filed by Appellee Survitec Survival Products, Incorporated [ # 9871936-2 ]. Date of Service: 07/05/2022 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Jeremy Gaston ) [Entered: 07/05/2022 05:14 PM]
July 1, 2022 Opinion or Order NOTICE RECEIVED from the Supreme Court of Texas. Motion for extension of time to file rehearing received, filed, and granted. Rehearing due on or before 07/08/2022; further requests for extensions of time for this filing will not be considered. [21-20145] (RLL) [Entered: 07/06/2022 08:55 AM]
June 16, 2022 Opinion or Order LETTER filed from Supreme Court of Texas advising motion for extension of time to file rehearing has been granted; rehearing due 07/05/2022. [21-20145] (RLL) [Entered: 06/16/2022 08:15 AM]
June 16, 2022 Opinion or Order LETTER OF ADVISEMENT. Reason: case placed in abeyance pending ruling on rehearing in 21-1088 pending in the Supreme Court of Texas [21-20145] (RLL) [Entered: 06/16/2022 10:38 AM]
June 16, 2022 Opinion or Order LETTER filed referencing Letter from Supreme Court of Texas advising motion for extension of time to file rehearing has been granted [ # 9871705-2 ]. [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellee Survitec Survival Products, Incorporated referencing filed by Appellee Survitec Survival Products, Incorporated [ # 9871066-2 ]. Date of Service: 06/16/2022 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Jeremy Gaston ) [Entered: 06/16/2022 10:10 AM]
June 15, 2022 Opinion or Order LETTER filed referencing opinion of Supreme Court of Texas advising motion for extension to file rehearing has been filed with Supreme Court of Texas. [ # 9862545-2 ]. [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellee Survitec Survival Products, Incorporated referencing [ # 9862545-2 ]. Date of Service: 06/15/2022 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Jeremy Gaston ) [Entered: 06/15/2022 12:19 PM]
June 3, 2022 Opinion or Order OPINION/ORDER of the Supreme Court of Texas. [21-20145] (RLL) [Entered: 06/03/2022 04:36 PM]
December 20, 2021 Opinion or Order STATUS REPORT. Texas Supreme Court documents advising certified question accepted and setting oral argument for 03/22/2022 with briefing schedule therein. [21-20145] (RLL) [Entered: 12/22/2021 03:48 PM]
November 22, 2021 Opinion or Order NON DISPOSITIVE PUBLISHED OPINION FILED. Judge: JWE , Judge: ASO , Judge: CTW. Case 21-20145 placed in abeyance for certified questions to Supreme Court of Texas; granting Motion to certify question filed by Appellant Fire Protection Service, Incorporated [ # 9679243-2 ] [21-20145] (NFD) [Entered: 11/22/2021 04:01 PM]
November 1, 2021 Opinion or Order APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied. (PAPER COPY REQUIREMENT REMAINS SUSPENDED; PAPER COPIES WILL BE REQUESTED WHEN NEEDED) [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Fire Protection Service, Incorporated. Date of service: 11/01/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Wallace B. Jefferson ) [Entered: 11/01/2021 04:38 PM]
October 8, 2021 Opinion or Order CLERK ORDER granting Motion to extend time to file reply brief filed by Appellant Fire Protection Service, Incorporated [ # 9683124-2 ] Reply Brief deadline updated to 11/01/2021 for Appellant Fire Protection Service, Incorporated [21-20145] (RLL) [Entered: 10/08/2021 11:16 AM]
October 6, 2021 Opinion or Order UNOPPOSED MOTION to extend time to file reply brief until 11/01/2021 [9683124-2]. Date of service: 10/06/2021 [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellant Fire Protection Service, Incorporated for filing Reply Brief of Appellant until 11/01/2021 [21-20145] (Wallace B. Jefferson ) [Entered: 10/06/2021 02:58 PM]
October 4, 2021 Opinion or Order PROPOSED SUFFICIENT BRIEF filed by Appellee Survitec Survival Products, Incorporated [ # 9679874-2 ] Date of service: 10/04/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Jeremy Gaston ) [Entered: 10/04/2021 02:02 PM]
October 1, 2021 Opinion or Order SUFFICIENT APPELLEE'S BRIEF FILED # of Copies Provided: 0. Sufficient Brief deadline satisfied, (PAPER COPY REQUIREMENT REMAINS SUSPENDED; PAPER COPIES WILL BE REQUESTED WHEN NEEDED) [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED Reply Brief due on 10/22/2021 for Appellant Fire Protection Service, Incorporated [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED Brief NOT Sufficient as it requires corrections to the citations to the record. Additionally the Brief requires statement of issues must be double-spaced. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. E/Res's Brief deadline satisfied. Sufficient Brief due on 10/18/2021 for Appellee Survitec Survival Products, Incorporated. [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Survitec Survival Products, Incorporated. Date of service: 10/01/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Jeremy Gaston ) [Entered: 10/01/2021 04:45 PM]
October 1, 2021 Opinion or Order UNOPPOSED MOTION filed by Appellant Fire Protection Service, Incorporated to certify question to Is the application of the Texas Dealer Protection Act to the parties' agreement unconstitutionally retroactive under Article 1, section 16 of the Texas Constitution? [9679243-2]. Date of service: 10/01/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Wallace B. Jefferson ) [Entered: 10/01/2021 10:11 AM]
September 30, 2021 Opinion or Order FED. R. APP. P. 44 Notice of Challenge to Constitutionality of Statute. [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: FED. R. APP. P. 44 Notice of Challenge to Constitutionality of Statute filed by Appellee Survitec Survival Products, Incorporated. Date of Service: 09/30/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Jeremy Gaston ) [Entered: 09/30/2021 03:49 PM]
August 18, 2021 Opinion or Order EXTENSION RECEIVED for Appellee Survitec Survival Products, Incorporated. Extension Granted to and including 10/01/2021. E/Res's Brief deadline updated to 10/01/2021 for Appellee Survitec Survival Products, Incorporated [21-20145] (RLL) [Entered: 08/18/2021 03:51 PM]
August 18, 2021 Opinion or Order UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee Survitec Survival Products, Incorporated for filing Appellee's Brief until 10/01/2021 [21-20145] (Jeremy Gaston ) [Entered: 08/18/2021 01:22 PM]
August 3, 2021 Opinion or Order RECORD EXCERPTS FILED. # of Copies Provided: 0. Record Excerpts deadline satisfied. (PAPER COPY REQUIREMENT REMAINS SUSPENDED; PAPER COPIES WILL BE REQUESTED WHEN NEEDED) [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Fire Protection Service, Incorporated. Date of service: 08/03/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Wallace B. Jefferson ) [Entered: 08/03/2021 04:55 PM]
August 2, 2021 Opinion or Order APPELLANT'S BRIEF FILED # of Copies Provided: 0. A/Pet's Brief deadline satisfied. (PAPER COPY REQUIREMENT REMAINS SUSPENDED; PAPER COPIES WILL BE REQUESTED WHEN NEEDED) Record Excerpts due on 08/17/2021 for Appellant Fire Protection Service, Incorporated. Appellee's Brief due on 09/01/2021 for Appellee Survitec Survival Products, Incorporated [21-20145] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Fire Protection Service, Incorporated. Date of service: 08/02/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Wallace B. Jefferson ) [Entered: 08/02/2021 05:57 PM]
May 20, 2021 Opinion or Order CLERK ORDER granting appellant's unopposed Motion to extend time to file appellant's brief filed by Appellant Fire Protection Service, Incorporated [ # 9578308-2 ] A/Pet's Brief deadline updated to 08/02/2021 for Appellant Fire Protection Service, Incorporated [21-20145] (DMS) [Entered: 05/20/2021 11:52 AM]
May 19, 2021 Opinion or Order UNOPPOSED MOTION filed by Appellant Fire Protection Service, Incorporated to extend time to file brief as appellant until 08/02/2021 [9578308-2]. Date of service: 05/19/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan [21-20145] (Melanie Dawn Plowman ) [Entered: 05/19/2021 03:21 PM]
May 14, 2021 Opinion or Order APPEARANCE FORM FILED by Attorney Jeremy Gaston for Appellee Survitec Survival Products, Incorporated in 21-20145 [21-20145] (ABT) [Entered: 05/14/2021 09:39 AM]
May 12, 2021 Opinion or Order APPEARANCE FORM received from Mr. Jeremy Gaston for Survitec Survival Products, Incorporated for the court's review. Lead Counsel? Yes. [21-20145] (Jeremy Gaston ) [Entered: 05/12/2021 12:12 PM]
May 11, 2021 Opinion or Order BRIEFING NOTICE ISSUED A/Pet's Brief Due on 06/21/2021 for Appellant Fire Protection Service, Incorporated. [21-20145] (DDL) [Entered: 05/11/2021 09:18 AM]
May 11, 2021 Opinion or Order ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? Yes. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [21-20145] (DDL) [Entered: 05/11/2021 09:16 AM]
May 10, 2021 Opinion or Order ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:19-CV-2162. Electronic ROA due on 05/25/2021. [21-20145] (ABT) [Entered: 05/10/2021 08:08 AM]
May 10, 2021 Opinion or Order TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Heather Alcaraz, Dt. Filed in Dist. Ct: 05/06/2021 Transcript Due/Court Reporter Discount Date canceled [21-20145] (ABT) [Entered: 05/10/2021 08:07 AM]
April 26, 2021 Opinion or Order TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Linda Griffin, Dt. Filed in Dist. Ct: 04/23/2021 Ct. Reporter Acknowledgment deadline canceled [21-20145] (ABT) [Entered: 04/26/2021 07:56 AM]
April 12, 2021 Opinion or Order COURT REPORTER ACKNOWLEDGMENT received from Court Reporter Ms. Heather Alcaraz. [21-20145] (Heather Alcaraz ) [Entered: 04/12/2021 01:36 PM]
April 12, 2021 Opinion or Order ACKNOWLEDGMENT Transcript Order: Court Reporter: Heather Alcaraz, Est. Completion Dt: 04/29/2021, Est. No.of Pgs: 42, Dt. Fin Arrangements Made: 03/29/2021, Dt. Trans. to be Filed: 04/29/2021, Proceeding Type and Date: Motion Hearing 01/11/2021. Ct. Reporter Acknowledgment ddl satisfied. Transcript Due/Court Reporter Discount Date is 04/29/2021 for Heather Alcaraz, Court Reporter [21-20145] (RLL) [Entered: 04/12/2021 03:39 PM]
April 9, 2021 Opinion or Order TRANSCRIPT ORDER received from Appellant Fire Protection Service, Incorporated. DETAILS: Transcript Order: Court Reporter: Heather Alcaraz, Proceeding Type and Date: Motion Hearing 01/11/2021 ; Transcript Order: Court Reporter: Linda Griffin, Proceeding Type and Date: Pre-Trial Conference 10/07/2019 , Pre-Trial Conference 11/12/2019 , Docket Call 12/17/2020. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 04/19/2021 for Heather Alcaraz, Court Reporter and Linda Griffin, Court Reporter. Electronic Filing Processed: [ # 9546467-2 ], [ # 9546466-2 ], [ # 9546463-2 ] [21-20145] (ABT) [Entered: 04/09/2021 01:23 PM]
April 8, 2021 Opinion or Order ATTORNEY TRANSCRIPT ORDER form filed by Appellant Fire Protection Service, Incorporatedfor the Court to process. Date of service: 04/08/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan. [21-20145] (Melanie Dawn Plowman ) [Entered: 04/08/2021 05:07 PM]
April 8, 2021 Opinion or Order ATTORNEY TRANSCRIPT ORDER form filed by Appellant Fire Protection Service, Incorporatedfor the Court to process. Date of service: 04/08/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan. [21-20145] (Melanie Dawn Plowman ) [Entered: 04/08/2021 05:06 PM]
April 8, 2021 Opinion or Order ATTORNEY TRANSCRIPT ORDER form filed by Appellant Fire Protection Service, Incorporatedfor the Court to process. Date of service: 04/08/2021 via email - Attorney for Appellants: Bacarisse, Jefferson, Matney, Plowman; Attorney for Appellees: Gaston, McLauchlan. [21-20145] (Melanie Dawn Plowman ) [Entered: 04/08/2021 05:04 PM]
April 8, 2021 Opinion or Order APPEARANCE FORM FILED by Attorney(s) Nicholas Barrows Bacarisse for party(s) Appellant Fire Protection Service, Incorporated, in case 21-20145 [21-20145] (RLL) [Entered: 04/08/2021 04:50 PM]
April 8, 2021 Opinion or Order APPEARANCE FORM FILED by Attorney(s) Wallace Bernard Jefferson for party(s) Appellant Fire Protection Service, Incorporated, in case 21-20145 [21-20145] (RLL) [Entered: 04/08/2021 04:47 PM]
April 8, 2021 Opinion or Order APPEARANCE FORM FILED by Attorney(s) Melanie Dawn Plowman for party(s) Appellant Fire Protection Service, Incorporated, in case 21-20145 [21-20145] (RLL) [Entered: 04/08/2021 04:43 PM]
April 7, 2021 Opinion or Order APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-20145] (Wallace Bernard Jefferson ) [Entered: 04/07/2021 02:28 PM]
April 7, 2021 Opinion or Order APPEARANCE FORM for the court's review. Lead Counsel? No. [21-20145] (Nicholas Barrows Bacarisse ) [Entered: 04/07/2021 02:57 PM]
April 7, 2021 Opinion or Order APPEARANCE FORM for the court's review. Lead Counsel? No. [21-20145] (Melanie Dawn Plowman ) [Entered: 04/07/2021 02:33 PM]
March 24, 2021 Opinion or Order INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9534531-2] Initial AA Check Due satisfied. Transcript order due on 04/08/2021 for Appellant Fire Protection Service, Incorporated [21-20145] (RLL) [Entered: 03/24/2021 04:57 PM]
March 18, 2021 Opinion or Order PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellant Fire Protection Service, Incorporated [21-20145] (CAG) [Entered: 03/18/2021 09:14 AM]

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Plaintiff / appellant: Fire Protection Service, Incorporated
Represented By: William Scott Matney
Represented By: Nicholas Barrows Bacarisse
Represented By: Melanie Dawn Plowman
Represented By: Wallace Bernard Jefferson
Represented By: Wallace B. Jefferson
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Defendant / appellee: Survitec Survival Products, Incorporated
Represented By: Jeremy Gaston
Represented By: Peter Alexander McLauchlan
Represented By: Peter A. McLauchlan
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