Phillips v. Med Device Bus Svc
| Medical Device Business Services, Incorporated and DePuy Synthes Sales, Incorporated |
| Clifford Phillips and Linda Bailey Phillips |
| 21-30296 |
| May 27, 2021 |
| U.S. Court of Appeals, Fifth Circuit |
| Torts |
Docket Report
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This docket was last retrieved on May 6, 2022. A more recent docket listing may be available from PACER.
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MANDATE ISSUED. Mandate issue date satisfied. [21-30296] (CB) [Entered: 05/06/2022 08:55 AM]
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JUDGMENT ENTERED AND FILED. Costs Taxed Against: Appellants. [21-30296] (CCR) [Entered: 04/14/2022 04:34 PM]
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UNPUBLISHED OPINION FILED. [21-30296 Affirmed ] Judge: EGJ , Judge: JES , Judge: KDE Mandate issue date is 05/06/2022 [21-30296] (CCR) [Entered: 04/14/2022 04:32 PM]
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ORAL ARGUMENT HEARD before Judges Jolly, Smith, Engelhardt. Arguing Person Information Updated for: Richard E. Sarver arguing for Appellee Incorporated DePuy Synthes Sales; Arguing Person Information Updated for: Donald R. Wilson arguing for Appellant Clifford Phillips [21-30296] (SME) [Entered: 04/05/2022 10:25 AM]
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The oral argument has been moved from the West Courtroom to the En Banc Courtroom on 4/5/22.. [21-30296] (SME) [Entered: 03/02/2022 01:42 PM]
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CASE CALENDARED for oral argument on Tuesday, 04/05/2022 in New Orleans in the West 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.. [21-30296] (SME) [Entered: 02/24/2022 12:20 PM]
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Paper copies of Record Excerpts [ # 9776444-2 ] received as sufficient. Sufficient Paper Copies of Record Excerpts due deadline satisfied. [21-30296] (DMS) [Entered: 02/18/2022 03:44 PM]
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CASE TENTATIVELY calendared for oral argument for the week of 04/04/2022. [21-30296] (SME) [Entered: 02/14/2022 09:39 AM]
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Paper copies of Record Excerpts filed by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips in 21-30296 received. Paper copies match electronic version of document? No They require: Physical Tabs on paper copies are required # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied.. Sufficient Paper Copies of Record Excerpts Due on 02/18/2022 for Appellants Clifford Phillips and Linda Bailey Phillips. [21-30296] (DMS) [Entered: 02/15/2022 09:06 AM]
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Paper copies of Appellant Reply Brief filed by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips in 21-30296 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [21-30296] (DMS) [Entered: 02/15/2022 09:32 AM]
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Paper copies of Appellant Brief filed by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips in 21-30296 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-30296] (DMS) [Entered: 02/15/2022 09:01 AM]
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Paper copies of Appellee Brief filed by Appellees Medical Device Business Services, Incorporated and DePuy Synthes Sales, Incorporated in 21-30296 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-30296] (LEF) [Entered: 02/08/2022 02:09 PM]
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PAPER COPIES REQUESTED for the Appellants' Brief filed by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips in 21-30296 (7 Copies - Blue Covers) [ # 9659649-2 ], Record Excerpts filed by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips in 21-30296 (White Covers - 4 Copies) [ # 9660590-2 ], Appellee Brief filed by Appellees Medical Device Business Services, Incorporated and DePuy Synthes Sales, Incorporated in 21-30296 (7 copies - Red Covers) [ # 9685457-2 ], Appellant Reply Brief filed by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips in 21-30296 (7 Copies - Grey Covers) [ # 9699908-2 ]. Paper Copies of Brief due on 02/09/2022 for Appellees DePuy Synthes Sales, Incorporated and Medical Device Business Services, Incorporated and Appellants Clifford Phillips and Linda Bailey Phillips.. Paper Copies of Record Excerpts due on 02/09/2022 for Appellants Clifford Phillips and Linda Bailey Phillips. [21-30296] (MCS) [Entered: 02/04/2022 12:28 PM]
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| APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied [21-30296] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Clifford Phillips and Ms. Linda Bailey Phillips. Date of service: 10/28/2021 via email - Attorney for Appellees: McFall, Sarver; Attorney for Appellant: Wilson; US mail - Attorney for Appellees: McFall, Sarver; Attorney for Appellant: Wilson [21-30296] (Donald R. Wilson ) [Entered: 10/28/2021 11:01 AM] |
| APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied. Reply Brief due on 10/29/2021 for Appellants Clifford Phillips and Linda Bailey Phillips [21-30296] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Medical Device Business Services, Incorporated and DePuy Synthes Sales, Incorporated. Date of service: 10/08/2021 via email - Attorney for Appellees: McFall, Sarver; Attorney for Appellant: Wilson; US mail - Attorney for Appellant: Wilson [21-30296] (Shaun P. McFall ) [Entered: 10/08/2021 03:58 PM] |
| RECORD EXCERPTS FILED. # of Copies Provided: 0 Record Excerpts deadline satisfied [21-30296] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPENDIX FILED by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips Date of Service: 09/09/2021 via email - Attorney for Appellees: McFall, Sarver; Attorney for Appellant: Wilson [21-30296] (Donald R. Wilson ) [Entered: 09/09/2021 04:09 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips [ # 9659649-2 ] Date of service: 09/09/2021 via email - Attorney for Appellees: McFall, Sarver; Attorney for Appellant: Wilson [21-30296] (Donald R. Wilson ) [Entered: 09/09/2021 02:26 PM] |
| SUFFICIENT APPELLANT'S BRIEF FILED # of Copies Provided: 0 Sufficient Brief deadline satisfied [21-30296] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED Additionally the Brief requires corrections: Brief content is out of order. 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. Record Excerpts due on 09/23/2021 for Appellants Clifford Phillips and Linda Bailey Phillips. Sufficient Brief due on 09/23/2021 for Appellants Clifford Phillips and Linda Bailey Phillips.. Appellee's Brief due on 10/08/2021 for Appellees DePuy Synthes Sales, Incorporated and Medical Device Business Services, Incorporated [21-30296] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Clifford Phillips and Ms. Linda Bailey Phillips. Date of service: 09/08/2021 via email - Attorney for Appellees: McFall, Sarver; Attorney for Appellant: Wilson [21-30296] (Donald R. Wilson ) [Entered: 09/08/2021 06:05 PM] |
| UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips for filing original appellant brief until 09/10/2021 [21-30296] (Donald R. Wilson ) [Entered: 07/26/2021 01:37 PM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the extension request to file appellants' brief received from Appellant Mr. Clifford Phillips because all attorneys must file electronically. Must file via the ECF system. [21-30296] (MAS) [Entered: 07/26/2021 10:59 AM] |
| EXTENSION RECEIVED for Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips. Extension Denied Reason: Lacking/No Substantial Reason(s). [21-30296] (MAS) [Entered: 07/26/2021 02:55 PM] |
| UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips for filing Original brief of appellant until 09/10/2021 [21-30296] (Donald R. Wilson ) [Entered: 07/26/2021 04:21 PM] |
| EXTENSION RECEIVED for Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips. Extension Granted to and including 09/09/2021. A/Pet's Brief deadline updated to 09/09/2021 for Appellants Clifford Phillips and Linda Bailey Phillips [21-30296] (MAS) [Entered: 07/26/2021 05:36 PM] |
| APPEARANCE FORM FILED by Attorney Donald R. Wilson for Appellant Linda Bailey Phillips in 21-30296, Attorney Donald R. Wilson for Appellant Clifford Phillips in 21-30296 [21-30296] (MAS) [Entered: 07/02/2021 01:03 PM] |
| APPEARANCE FORM received from Mr. Donald R. Wilson for Mr. Clifford Phillips and Ms. Linda Bailey Phillips for the court's review. Lead Counsel? Yes. [21-30296] (Donald R. Wilson ) [Entered: 07/02/2021 10:19 AM] |
| 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. [21-30296] (DDL) [Entered: 07/01/2021 02:21 PM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 08/10/2021 for Appellants Clifford Phillips and Linda Bailey Phillips. [21-30296] (DDL) [Entered: 07/01/2021 02:21 PM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 3:19-CV-1447. Electronic ROA due on 07/01/2021. [21-30296] (AGL) [Entered: 06/16/2021 07:26 AM] |
| APPEARANCE FORM FILED by Attorney Richard E. Sarver for Appellee DePuy Synthes Sales, Incorporated in 21-30296, Attorney Richard E. Sarver for Appellee Medical Device Business Services, Incorporated in 21-30296 [21-30296] (AGL) [Entered: 06/11/2021 12:58 PM] |
| APPEARANCE FORM FILED by Attorney(s) Shaun P. McFall for party(s) Appellee DePuy Synthes Sales, Incorporated Appellee Medical Device Business Services, Incorporated, in case 21-30296 [21-30296] (MCS) [Entered: 06/11/2021 03:05 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9593275-2] Initial AA Check Due satisfied. [21-30296] (AGL) [Entered: 06/10/2021 07:56 AM] |
| APPEARANCE FORM received from Mr. Richard E. Sarver for DePuy Synthes Sales, Incorporated and Medical Device Business Services, Incorporated for the court's review. Lead Counsel? Yes. [21-30296] (Richard E. Sarver ) [Entered: 06/10/2021 02:27 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [21-30296] (Shaun P. McFall ) [Entered: 06/10/2021 03:28 PM] |
| PRIVATE CIVIL DIVERSITY CASE docketed. NOA filed by Appellants Mr. Clifford Phillips and Ms. Linda Bailey Phillips [21-30296] (AGL) [Entered: 05/27/2021 03:06 PM] |
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