Phillips v. L. Brands Service
| David M. Phillips |
| L. Brands Service Company, L.L.C., incorrectly identified as L Brands Direct Fulfillment, LLC, Aidan Duffy, Originally named as Aiden Duffy and Shawn David Tolbert |
| 22-30245 |
| April 27, 2022 |
| U.S. Court of Appeals, Fifth Circuit |
| Assault, Libel and Slander |
Docket Report
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| Filing 54 ORAL ARGUMENT HEARD before Judges Richman, King, Higginson. Arguing Person Information Updated for: Glenn Charles McGovern arguing for Appellant David M. Phillips; Arguing Person Information Updated for: Andrew Christian Smith arguing for Appellee Aidan Duffy, Appellee L.L.C. L. Brands Service Company [22-30245] (SME) [Entered: 02/08/2023 09:28 AM] |
| Filing 52 CASE CALENDARED for oral argument on Wednesday, 02/08/2023 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.. [22-30245] (SME) [Entered: 12/21/2022 03:06 PM] |
| Filing 51 CASE TENTATIVELY calendared for oral argument for the week of 02/06/2023. [22-30245] (KMP) [Entered: 10/12/2022 09:09 AM] |
| Filing 50 Paper copies of Appellant Reply Brief filed by Appellant Mr. David M. Phillips in 22-30245 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [22-30245] (CMB) [Entered: 10/03/2022 09:48 AM] |
| Filing 48 Paper copies of Record Excerpts filed by Appellees L. Brands Service Company, L.L.C., Mr. Aidan Duffy and Mr. Shawn David Tolbert in 22-30245 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [22-30245] (DLJ) [Entered: 09/30/2022 02:52 PM] |
| Filing 47 Paper copies of Appellee Brief filed by Appellees L. Brands Service Company, L.L.C., Mr. Aidan Duffy and Mr. Shawn David Tolbert in 22-30245 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [22-30245] (DLJ) [Entered: 09/30/2022 02:40 PM] |
| Filing 46 Paper copies of Record Excerpts filed by Appellant Mr. David M. Phillips in 22-30245 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [22-30245] (DLJ) [Entered: 09/30/2022 02:34 PM] |
| Filing 45 Paper copies of Appellant Brief filed by Appellant Mr. David M. Phillips in 22-30245 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 7. [22-30245] (DLJ) [Entered: 09/30/2022 02:30 PM] |
| Filing 44 PAPER COPIES REQUESTED for the Appellant Reply Brief filed by Appellant Mr. David M. Phillips in 22-30245 [ # 36 ], Record Excerpts filed by Appellees L. Brands Service Company, L.L.C., Mr. Aidan Duffy and Mr. Shawn David Tolbert in 22-30245 [ # 35 ], Appellee Brief filed by Appellees L. Brands Service Company, L.L.C., Mr. Aidan Duffy and Mr. Shawn David Tolbert in 22-30245 [ # 32 ], Appellant Brief filed by Appellant Mr. David M. Phillips in 22-30245 [ # 28 ], Record Excerpts filed by Appellant Mr. David M. Phillips in 22-30245 [ # 27 ]. Paper Copies of Brief due on 10/03/2022 for Appellees Aidan Duffy, L. Brands Service Company, L.L.C. and Shawn David Tolbert and Appellant David M. Phillips.. Paper Copies of Record Excerpts due on 10/03/2022 for Appellees Aidan Duffy, L. Brands Service Company, L.L.C. and Shawn David Tolbert and Appellant David M. Phillips. [22-30245] (KMP) [Entered: 09/26/2022 08:16 AM] |
| Filing 36 APPELLANT'S REPLY BRIEF FILED. # of Copies Provided: 0. Reply Brief deadline satisfied. [22-30245] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. David M. Phillips. Date of service: 08/03/2022 via email - Attorney for Appellees: Antis, Frey, Knister, Smith; Attorney for Appellants: Bowman, Johns, McGovern [22-30245] (Glenn Charles McGovern ) [Entered: 08/03/2022 04:14 PM] |
| Filing 35 RECORD EXCERPTS FILED. # of Copies Provided: 0. [22-30245] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellees L. Brands Service Company, L.L.C., Mr. Shawn David Tolbert and Mr. Aidan Duffy. Date of service: 07/14/2022 via email - Attorney for Appellees: Antis, Frey, Knister, Smith; Attorney for Appellants: Bowman, Johns, McGovern [22-30245] (Andrew Christian Smith ) [Entered: 07/14/2022 02:33 PM] |
| Filing 34 ATTORNEY NOT PARTICIPATING. Kristina M. Lagasse is designated as inactive in this case. Reason: Not listed on brief and no appearance form on file. [22-30245] (SEP) [Entered: 07/14/2022 02:22 PM] |
| Filing 33 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the record excerpts received from Appellees Mr. Aidan Duffy, L. Brands Service Company, L.L.C. and Mr. Shawn David Tolbert because the record excerpts must be filed separately from the Appellees' brief using the docketing event "Record Excerpts Filed". [22-30245] (SEP) [Entered: 07/14/2022 02:17 PM] |
| Filing 32 APPELLEES' BRIEF FILED. # of Copies Provided: 0. E/Res's Brief deadline satisfied. Reply Brief due on 08/04/2022 for Appellant David M. Phillips. [22-30245] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by L. Brands Service Company, L.L.C., Mr. Shawn David Tolbert and Mr. Aidan Duffy. Date of service: 07/14/2022 via email - Attorney for Appellees: Antis, Frey, Knister, Lagasse, Smith; Attorney for Appellants: Bowman, Johns, McGovern [22-30245] (Andrew Christian Smith ) [Entered: 07/14/2022 11:28 AM] |
| Filing 30 APPEARANCE FORM FILED by Attorney(s) Oliver Daniel Frey for party(s) Appellee Shawn David Tolbert Appellee Aidan Duffy Appellee L. Brands Service Company, L.L.C., in case 22-30245 [22-30245] (CB) [Entered: 06/30/2022 07:47 AM] |
| Filing 29 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30245] (Oliver Daniel Frey ) [Entered: 06/28/2022 02:32 PM] |
| Filing 28 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 07/14/2022 for Appellees Aidan Duffy, L. Brands Service Company, L.L.C. and Shawn David Tolbert [22-30245] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. David M. Phillips. Date of service: 06/14/2022 via email - Attorney for Appellees: Antis, Knister, Lagasse, Smith; Attorney for Appellants: Bowman, Johns, McGovern [22-30245] (Glenn Charles McGovern ) [Entered: 06/14/2022 04:05 PM] |
| Filing 27 RECORD EXCERPTS FILED. # of Copies Provided: 0 [22-30245] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. David M. Phillips. Date of service: 06/14/2022 via email - Attorney for Appellees: Antis, Knister, Lagasse, Smith; Attorney for Appellants: Bowman, Johns, McGovern [22-30245] (Glenn Charles McGovern ) [Entered: 06/14/2022 03:39 PM] |
| APPEARANCE FORM FILED by Attorney(s) Marianna S. Knister for party(s) Appellee Shawn David Tolbert, Appellee Aidan Duffy, Appellee L. Brands Service Company, L.L.C., in case 22-30245. [22-30245] (SEP) [Entered: 06/02/2022 10:53 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30245] (Marianna S. Knister ) [Entered: 05/31/2022 04:07 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30245] (Phillip Jay Antis Jr.) [Entered: 05/19/2022 02:44 PM] |
| APPEARANCE FORM FILED by Attorney(s) Phillip Jay Antis Jr. for party(s) Appellee Shawn David Tolbert, Appellee Aidan Duffy, Appellee L. Brands Service Company, L.L.C., in case 22-30245. [22-30245] (SEP) [Entered: 05/19/2022 03:26 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30245] (Peyton M. Bowman ) [Entered: 05/18/2022 12:47 PM] |
| APPEARANCE FORM FILED by Attorney(s) Peyton M. Bowman for party(s) Appellant David M. Phillips, in case 22-30245. [22-30245] (SEP) [Entered: 05/19/2022 01:03 PM] |
| APPEARANCE FORM received from Mr. Andrew Christian Smith for Mr. Aidan Duffy, L. Brands Service Company, L.L.C. and Mr. Shawn David Tolbert for the court's review. Lead Counsel? Yes. [22-30245] (Andrew Christian Smith ) [Entered: 05/16/2022 02:24 PM] |
| APPEARANCE FORM FILED by Attorney Andrew Christian Smith for Appellee Shawn David Tolbert in 22-30245, Attorney Andrew Christian Smith for Appellee Aidan Duffy in 22-30245, Attorney Andrew Christian Smith for Appellee L. Brands Service Company, L.L.C. in 22-30245. [22-30245] (SEP) [Entered: 05/17/2022 12:40 PM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the appearance form from attorney Callan Johns (filed by attorney Glenn Charles McGovern) because (1) the wrong docketing event was used and (2) attorney Callan Johns must file the document using his own log-in and password. Attorney Johns must re-file using the docketing event "Appearance Form Filed" and not "Rule 28i Letter Filed". [22-30245] (SEP) [Entered: 05/10/2022 03:39 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-30245] (Callan Johns ) [Entered: 05/10/2022 03:45 PM] |
| APPEARANCE FORM FILED by Attorney(s) Callan Johns for party(s) Appellant David M. Phillips, in case 22-30245. [22-30245] (SEP) [Entered: 05/12/2022 11:06 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. [22-30245] (CMB) [Entered: 05/05/2022 10:17 AM] |
| APPEARANCE FORM received from Mr. Glenn Charles McGovern, Esq. for Mr. David M. Phillips for the court's review. Lead Counsel? Yes. [22-30245] (Glenn Charles McGovern ) [Entered: 05/05/2022 03:10 PM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 06/14/2022 for Appellant David M. Phillips. [22-30245] (CMB) [Entered: 05/05/2022 10:29 AM] |
| APPEARANCE FORM FILED by Attorney Glenn Charles McGovern for Appellant David M. Phillips in 22-30245. [22-30245] (SEP) [Entered: 05/06/2022 04:13 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9838125-2] Initial AA Check Due satisfied. [22-30245] (AGL) [Entered: 05/03/2022 10:31 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 2:21-CV-844. Electronic ROA due on 05/18/2022. [22-30245] (AGL) [Entered: 05/03/2022 10:34 AM] |
| PRIVATE CIVIL DIVERSITY CASE docketed. NOA filed by Appellant Mr. David M. Phillips [22-30245] (MCS) [Entered: 04/27/2022 11:01 AM] |
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