National Horsemen's Benevolent v. Black
| National Horsemen's Benevolent and Protective Association, Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Washington Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association, Gulf Coast Racing, L.L.C., LRP Group, Limited, Valle de Los Tesoros, Limited, Global Gaming LSP, L.L.C. and Texas Horsemen's Partnership, L.L.P. |
| State of Texas and Texas Racing Commission |
| Jerry Black, Katrina Adams, Leonard Coleman, MD Nancy Cox, Joseph Dunford, Frank Keating, Kenneth Schanzer, Horseracing Integrity and Safety Authority, Incorporated, Federal Trade Commission, Commissioner Noah Phillips, Commissioner Christine Wilson, Lisa Lazarus, Steve Beshear, Adolpho Birch, Ellen McClain, Charles Scheeler, Joseph DeFrancis, Susan Stover, Bill Thomason, Lina Khan, Chair, Rebecca Slaughter, Commissioner, Alvaro Bedoya, Commissioner and D. G. Van Clief |
| North American Association of Racetrack Veterinarians, American Quarter Horse Association, Reason Foundation, Cato Institute, Competitive Enterprise Institute, Goldwater Institute, Manhattan Institute for Policy Research and Niskanen Center |
| 23-10520 |
| May 19, 2023 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Statutory Actions |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 100 APPEARANCE FORM received from Mr. Raffi Melkonian for Cato Institute, Competitive Enterprise Institute, Goldwater Institute, Manhattan Institute for Policy Research, Niskanen Center and Reason Foundation for the court's review. Lead Counsel? Yes. [23-10520] (Raffi Melkonian ) [Entered: 07/17/2023 11:50 AM] |
| Filing 99 PROPOSED SUFFICIENT BRIEF filed by Amici Curiae Niskanen Center, Manhattan Institute for Policy Research, Goldwater Institute, Competitive Enterprise Institute, Cato Institute and Reason Foundation [ # 80 ] Date of service: 07/17/2023 via email - Attorney for Appellees: Busa, Dixon, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman; Attorney for Amici Curiae: Flores, Melkonian, Sacopulos; US mail - Attorney for Appellee: Ehrlich [23-10520] (Raffi Melkonian ) [Entered: 07/17/2023 11:48 AM] |
| Filing 98 PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae North American Association of Racetrack Veterinarians [ # 89 ] Date of service: 07/14/2023 via email - Attorney for Appellees: Busa, Dixon, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman; Attorney for Amici Curiae: Flores, Melkonian, Sacopulos; US mail - Attorney for Appellee: Ehrlich [23-10520] (Peter J. Sacopulos ) [Entered: 07/14/2023 02:25 PM] |
| Filing 97 APPEARANCE FORM received from Mr. Peter J. Sacopulos for North American Association of Racetrack Veterinarians for the court's review. Lead Counsel? Yes. [23-10520] (Peter J. Sacopulos ) [Entered: 07/14/2023 02:17 PM] |
| Filing 96 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10520] (Autum Flores ) [Entered: 07/14/2023 10:26 AM] |
| Filing 95 PAPER COPIES REQUESTED for the Amicus Brief filed by Cato Institute, Reason Foundation, Goldwater Institute, Competitive Enterprise Institute, Manhattan Institute for Policy Research and Niskanen Center in 23-10520 [ # 80 ]. Paper Copies of Brief due on 07/19/2023 for Amici Curiae Cato Institute, Competitive Enterprise Institute, Goldwater Institute, Manhattan Institute for Policy Research, Niskanen Center and Reason Foundation. [23-10520] (RSM) [Entered: 07/14/2023 08:44 AM] |
| Filing 94 PAPER COPIES REQUESTED for the Amicus Brief filed by American Quarter Horse Association in 23-10520 [ # 91 ]. Paper Copies of Brief due on 07/18/2023 for Amicus Curiae American Quarter Horse Association. [23-10520] (MFY) [Entered: 07/13/2023 05:06 PM] |
| Filing 92 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the motion to file amicus received from Amicus Curiae American Quarter Horse Association because it is unnecessary. [23-10520] (ADVISED IN LETTER FILING AMICUS BRIEF) (MFY) [Entered: 07/13/2023 04:59 PM] |
| Filing 90 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the motion to file amicus brief received from Amicus Curiae North American Association of Racetrack Veterinarians because unnecessary [23-10520] (ADVISED IN LETTER FILING AMICUS BRIEF) (MFY) [Entered: 07/13/2023 04:50 PM] |
| Filing 91 AMICUS CURIAE BRIEF FILED by American Quarter Horse Association. The Consent is Included in the Brief. Additionally the Brief requires appearance form. # of Copies Provided: 0 Sufficient Brief due on 07/27/2023 for Amicus Curiae American Quarter Horse Association. [23-10520] (MFY) [Entered: 07/13/2023 04:54 PM] |
| Filing 89 AMICUS CURIAE BRIEF FILED by North American Association of Racetrack Veterinarians. The Consent is Included in the Brief. Brief NOT Sufficient as it requires a Cert of Int Parties. Additionally the Brief requires and appearance form. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 07/27/2023 for Amicus Curiae North American Association of Racetrack Veterinarians. [23-10520] (MFY) [Entered: 07/13/2023 03:54 PM] |
| Filing 87 Paper copies of Record Excerpts filed by Appellants Texas Racing Commission and State of Texas in 23-10520 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [23-10520] (PFT) [Entered: 07/12/2023 03:01 PM] |
| Filing 86 Paper copies of Record Excerpts filed by Appellants National Horsemen's Benevolent and Protective Association, Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Washington Horsemen's Benevolent and Protective Association and Tampa Bay Horsemen's Benevolent and Protective Association in 23-10520 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [23-10520] (PFT) [Entered: 07/12/2023 02:59 PM] |
| Filing 84 Paper copies of Appellant Brief filed by Appellants Texas Racing Commission and State of Texas in 23-10520 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10520] (PFT) [Entered: 07/12/2023 02:42 PM] |
| Filing 83 Paper copies of Appellant Brief filed by Appellants National Horsemen's Benevolent and Protective Association, Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Washington Horsemen's Benevolent and Protective Association and Tampa Bay Horsemen's Benevolent and Protective Association in 23-10520 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10520] (PFT) [Entered: 07/12/2023 02:40 PM] |
| Filing 82 Paper copies of Record Excerpts filed by Appellants Gulf Coast Racing, L.L.C., LRP Group, Limited, Valle de Los Tesoros, Limited, Global Gaming LSP, L.L.C. and Texas Horsemen's Partnership, L.L.P. in 23-10520 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [23-10520] (PFT) [Entered: 07/12/2023 02:36 PM] |
| Filing 81 Paper copies of Appellant Brief filed by Appellants Gulf Coast Racing, L.L.C., LRP Group, Limited, Valle de Los Tesoros, Limited, Global Gaming LSP, L.L.C. and Texas Horsemen's Partnership, L.L.P. in 23-10520 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10520] (PFT) [Entered: 07/12/2023 02:35 PM] |
| Filing 80 AMICUS CURIAE BRIEF FILED by Niskanen Center, Manhattan Institute for Policy Research, Goldwater Institute, Competitive Enterprise Institute, Cato Institute and Reason Foundation. The Consent is Included in the Brief. Additionally the Brief requires INSUFFICIENT FOR: COVER MUST iNDICATE WHETHER THE BRIEF SUPPORTS AFFIRMANCE OR REVERSAL; APPEARANCE FORM NEEDED FOR ATTORNEY SIGNING BRIEF (MELKONIAN). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 07/28/2023 for Amici Curiae Reason Foundation, Cato Institute, Competitive Enterprise Institute, Goldwater Institute, Manhattan Institute for Policy Research and Niskanen Center. [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by REASON FOUNDATION, CATO INSTITUTE, COMPETITIVE ENTERPRISE INSTITUTE, GOLDWATER INSTITUTE, MANHATTAN INSTITUTE FOR POLICY RESEARCH, AND NISKANEN CENTER. Date of service: 07/12/2023 via email - Attorney for Appellees: Busa, Dixon, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman; US mail - Attorney for Appellee: Ehrlich [23-10520] (Raffi Melkonian ) [Entered: 07/12/2023 02:22 PM] |
| Filing 78 PAPER COPIES REQUESTED for the Appellant Brief filed by Appellants Gulf Coast Racing, L.L.C., LRP Group, Limited, Valle de Los Tesoros, Limited, Global Gaming LSP, L.L.C. and Texas Horsemen's Partnership, L.L.P. in 23-10520 [ # 72 ], Record Excerpts filed by Appellants Gulf Coast Racing, L.L.C., LRP Group, Limited, Valle de Los Tesoros, Limited, Global Gaming LSP, L.L.C. and Texas Horsemen's Partnership, L.L.P. in 23-10520 [ # 73 ], Appellant Brief filed by Appellants Texas Racing Commission and State of Texas in 23-10520 [ # 74 ], Record Excerpts filed by Appellants Texas Racing Commission and State of Texas in 23-10520 [ # 75 ], Appellant Brief filed by Appellants National Horsemen's Benevolent and Protective Association, Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Washington Horsemen's Benevolent and Protective Association and Tampa Bay Horsemen's Benevolent and Protective Association in 23-10520 [ # 76 ], Record Excerpts filed by Appellants National Horsemen's Benevolent and Protective Association, Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Washington Horsemen's Benevolent and Protective Association and Tampa Bay Horsemen's Benevolent and Protective Association in 23-10520 [ # 77 ]. Paper Copies of Brief due on 07/11/2023 for Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, LRP Group, Limited, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, State of Texas, Tampa Bay Horsemen's Benevolent and Protective Association, Texas Horsemen's Partnership, L.L.P., Texas Racing Commission, Valle de Los Tesoros, Limited and Washington Horsemen's Benevolent and Protective Association.. Paper Copies of Record Excerpts due on 07/11/2023 for Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, LRP Group, Limited, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, State of Texas, Texas Horsemen's Partnership, L.L.P., Texas Racing Commission, Valle de Los Tesoros, Limited, Washington Horsemen's Benevolent and Protective Association and Tampa Bay Horsemen's Benevolent and Protective Association. [23-10520] (MFY) [Entered: 07/06/2023 03:39 PM] |
| Filing 77 RECORD EXCERPTS FILED. # of Copies Provided: 0 [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants National Horsemen's Benevolent and Protective Association, Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association and Washington Horsemen's Benevolent and Protective Association. Date of service: 07/05/2023 via email - Attorney for Appellees: Busa, Dixon, Ehrlich, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman [23-10520] (Daniel Robert Suhr ) [Entered: 07/05/2023 07:54 PM] |
| Filing 76 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association and Washington Horsemen's Benevolent and Protective Association. Date of service: 07/05/2023 via email - Attorney for Appellees: Busa, Dixon, Ehrlich, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman [23-10520] (Daniel Robert Suhr ) [Entered: 07/05/2023 07:33 PM] |
| Filing 75 RECORD EXCERPTS FILED. # of Copies Provided: 0 [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants State of Texas and Texas Racing Commission. Date of service: 07/05/2023 via email - Attorney for Appellees: Busa, Dixon, Ehrlich, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman [23-10520] (Lanora Christine Pettit ) [Entered: 07/05/2023 04:35 PM] |
| Filing 74 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by State of Texas and Texas Racing Commission. Date of service: 07/05/2023 via email - Attorney for Appellees: Busa, Dixon, Ehrlich, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman [23-10520] (Lanora Christine Pettit ) [Entered: 07/05/2023 04:33 PM] |
| Filing 73 RECORD EXCERPTS FILED. # of Copies Provided: 0 [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., LRP Group, Limited, Texas Horsemen's Partnership, L.L.P. and Valle de Los Tesoros, Limited. Date of service: 07/05/2023 via email - Attorney for Appellees: Busa, Dixon, Ehrlich, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman [23-10520] (Gregory Philip Sapire ) [Entered: 07/05/2023 02:41 PM] |
| Filing 72 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., LRP Group, Limited, Texas Horsemen's Partnership, L.L.P. and Valle de Los Tesoros, Limited. Date of service: 07/05/2023 via email - Attorney for Appellees: Busa, Dixon, Ehrlich, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman [23-10520] (Gregory Philip Sapire ) [Entered: 07/05/2023 02:39 PM] |
| Filing 71 SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 5:21-CV-71. Electronic ROA due on 07/07/2023. [23-10520] (CAS) [Entered: 06/30/2023 02:16 PM] |
| Filing 70 CLERK ORDER granting Motion to supplement the record on appeal filed by Appellants Texas Racing Commission and State of Texas [ # 66 ] [23-10520] (CAS) [Entered: 06/30/2023 01:55 PM] |
| Filing 66 UNOPPOSED MOTION filed by Appellants State of Texas and Texas Racing Commission to supplement the record on appeal with Docket entries 199 and 200 (Texas's trial exhibits) [66]. Date of service: 06/30/2023 via email - Attorney for Appellees: Busa, Dixon, Ehrlich, Meier, Paterno, Roach, Shah; Attorney for Appellants: Bustos, Gifford, Jordan, Klusmann, Maples, Pettit, Sapire, Suhr, Wurman [23-10520] (Lanora Christine Pettit ) [Entered: 06/30/2023 10:17 AM] |
| Filing 64 APPEARANCE FORM FILED by Attorney(s) Joseph Forrest Busa for party(s) Appellee Noah Phillips Appellee Lina Khan Appellee Rebecca Slaughter Appellee FTC Appellee Christine Wilson Appellee Alvaro Bedoya, in case 23-10520 [23-10520] (CAS) [Entered: 06/15/2023 11:32 AM] |
| Filing 63 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10520] (Joseph Forrest Busa ) [Entered: 06/13/2023 03:36 PM] |
| Filing 61 APPEARANCE FORM FILED by Attorney(s) Travis Maples for party(s) Appellant Global Gaming LSP, L.L.C. Appellant Valle de Los Tesoros, Limited Appellant LRP Group, Limited Appellant Texas Horsemen's Partnership, L.L.P. Appellant Gulf Coast Racing, L.L.C., in case 23-10520 [23-10520] (RSM) [Entered: 05/31/2023 12:02 PM] |
| Filing 59 APPEARANCE FORM FILED by Attorney(s) Stewart Reeves Jordan for party(s) Appellant Global Gaming LSP, L.L.C. Appellant Valle de Los Tesoros, Limited Appellant LRP Group, Limited Appellant Texas Horsemen's Partnership, L.L.P. Appellant Gulf Coast Racing, L.L.C., in case 23-10520 [23-10520] (RSM) [Entered: 05/30/2023 03:08 PM] |
| Filing 58 BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 07/05/2023 for Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, LRP Group, Limited, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, State of Texas, Tampa Bay Horsemen's Benevolent and Protective Association, Texas Horsemen's Partnership, L.L.P., Texas Racing Commission, Valle de Los Tesoros, Limited and Washington Horsemen's Benevolent and Protective Association.. Appellee's Brief due on 08/04/2023 for Appellees Katrina Adams, Alvaro Bedoya, Steve Beshear, Adolpho Birch, Jerry Black, Leonard Coleman, Nancy Cox, Joseph DeFrancis, Joseph Dunford, Federal Trade Commission, Horseracing Integrity and Safety Authority, Incorporated, Frank Keating, Lina Khan, Lisa Lazarus, Ellen McClain, Noah Phillips, Kenneth Schanzer, Charles Scheeler, Rebecca Slaughter, Susan Stover, Bill Thomason, D. G. Van Clief and Christine Wilson.. Reply Brief due on 08/25/2023 for Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, LRP Group, Limited, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, State of Texas, Tampa Bay Horsemen's Benevolent and Protective Association, Texas Horsemen's Partnership, L.L.P., Texas Racing Commission, Valle de Los Tesoros, Limited and Washington Horsemen's Benevolent and Protective Association. [23-10520] (MFY) [Entered: 05/30/2023 02:47 PM] |
| Filing 57 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10520] (Travis Maples ) [Entered: 05/30/2023 02:05 PM] |
| Filing 56 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. [23-10520] (DDL) [Entered: 05/30/2023 11:27 AM] |
| Filing 54 COURT ORDER: Appellants' opposed motions to expedite the appeal are GRANTED IN PART. The case is expedited and tentatively scheduled for oral argument the week of October 2, 2023. IT IS FURTHER ORDERED that an expedited briefing schedule will proceed as follows: Appellants' brief is due for filing within forty (40) days, or, by July 5, 2023; Appellees' brief is due thirty (30) days later, or, by August 4, 2023; and Appellants' reply brief is due twenty-one (21) days later, or, by August 25, 2023. [ # 17 ], [ # 25 ] [23-10520] (PAC) [Entered: 05/26/2023 07:52 PM] |
| Filing 52 APPEARANCE FORM FILED by Attorney(s) Lide E. Paterno for party(s) Appellee Adolpho Birch Appellee Joseph DeFrancis Appellee Leonard Coleman Appellee Jerry Black Appellee Ellen McClain Appellee Nancy Cox Appellee Steve Beshear Appellee Katrina Adams Appellee D. G. Van Clief Appellee Lisa Lazarus Appellee Kenneth Schanzer Appellee Frank Keating Appellee Joseph Dunford Appellee Charles Scheeler Appellee Susan Stover Appellee Bill Thomason Appellee Horseracing Integrity and Safety Authority, Incorporated, in case 23-10520 [23-10520] (PAC) [Entered: 05/26/2023 03:32 PM] |
| Filing 51 APPEARANCE FORM FILED by Attorney(s) Pratik A. Shah for party(s) Appellee Adolpho Birch Appellee Joseph DeFrancis Appellee Leonard Coleman Appellee Jerry Black Appellee Ellen McClain Appellee Nancy Cox Appellee Steve Beshear Appellee Katrina Adams Appellee D. G. Van Clief Appellee Lisa Lazarus Appellee Kenneth Schanzer Appellee Frank Keating Appellee Joseph Dunford Appellee Charles Scheeler Appellee Susan Stover Appellee Bill Thomason Appellee Horseracing Integrity and Safety Authority, Incorporated, in case 23-10520 [23-10520] (PAC) [Entered: 05/26/2023 03:30 PM] |
| Filing 50 APPEARANCE FORM FILED by Attorney(s) Fernando Manuel Bustos for party(s) Appellant Illinois Horsemen's Benevolent and Protective Association Appellant Washington Horsemen's Benevolent and Protective Association Appellant Arizona Horsemen's Benevolent and Protective Association Appellant Oregon Horsemen's Benevolent and Protective Association Appellant Nebraska Horsemen's Benevolent and Protective Association Appellant Oklahoma Horsemen's Benevolent and Protective Association Appellant Tampa Bay Horsemen's Benevolent and Protective Association Appellant Mountaineer Park Horsemen's Benevolent and Protective Association Appellant Arkansas Horsemen's Benevolent and Protective Association Appellant Pennsylvania Horsemen's Benevolent and Protective Association Appellant Indiana Horsemen's Benevolent and Protective Association Appellant Louisiana Horsemen's Benevolent and Protective Association Appellant National Horsemen's Benevolent and Protective Association, in case 23-10520 [23-10520] (PAC) [Entered: 05/26/2023 03:23 PM] |
| Filing 49 APPEARANCE FORM FILED by Attorney(s) Beth Ellen Klusmann for party(s) Appellant Texas Racing Commission Appellant State of Texas, in case 23-10520 [23-10520] (PAC) [Entered: 05/26/2023 03:18 PM] |
| Filing 48 APPEARANCE FORM FILED by Attorney Gregory Philip Sapire for Appellant Texas Horsemen's Partnership, L.L.P. in 23-10520 [23-10520] (PAC) [Entered: 05/26/2023 03:15 PM] |
| Filing 47 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10520] (Stewart Reeves Jordan ) [Entered: 05/26/2023 02:36 PM] |
| Filing 45 APPEARANCE FORM FILED by Attorney(s) John Roach for party(s) Appellee Adolpho Birch Appellee Joseph DeFrancis Appellee Leonard Coleman Appellee Jerry Black Appellee Ellen McClain Appellee Nancy Cox Appellee Steve Beshear Appellee Katrina Adams Appellee D. G. Van Clief Appellee Lisa Lazarus Appellee Kenneth Schanzer Appellee Frank Keating Appellee Joseph Dunford Appellee Charles Scheeler Appellee Susan Stover Appellee Bill Thomason Appellee Horseracing Integrity and Safety Authority, Incorporated, in case 23-10520 [23-10520] (RSM) [Entered: 05/26/2023 07:59 AM] |
| Filing 43 APPEARANCE FORM FILED by Attorney(s) Courtney Dixon for party(s) Appellee Noah Phillips Appellee Lina Khan Appellee Rebecca Slaughter Appellee FTC Appellee Christine Wilson Appellee Alvaro Bedoya, in case 23-10520. [23-10520] (RLL) [Entered: 05/24/2023 11:38 AM] |
| Filing 42 APPEARANCE FORM FILED by Attorney Daniel Robert Suhr for Appellant Tampa Bay Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Washington Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Pennsylvania Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Oregon Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Oklahoma Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Nebraska Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Mountaineer Park Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Louisiana Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Illinois Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Indiana Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Arkansas Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant Arizona Horsemen's Benevolent and Protective Association in 23-10520, Attorney Daniel Robert Suhr for Appellant National Horsemen's Benevolent and Protective Association in 23-10520. [23-10520] (RLL) [Entered: 05/24/2023 11:36 AM] |
| Filing 41 APPEARANCE FORM FILED by Attorney(s) Lanora Christine Pettit for party(s) Appellant Texas Racing Commission Appellant State of Texas, in case 23-10520. [23-10520] (RLL) [Entered: 05/24/2023 11:34 AM] |
| Filing 40 APPEARANCE FORM FILED by Attorney(s) Ilan Wurman for party(s) Appellant Global Gaming LSP, L.L.C. Appellant Valle de Los Tesoros, Limited Appellant LRP Group, Limited Appellant Texas Horsemen's Partnership, L.L.P. Appellant Gulf Coast Racing, L.L.C., in case 23-10520. [23-10520] (RLL) [Entered: 05/24/2023 11:32 AM] |
| Filing 39 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10520] (Fernando Manuel Bustos ) [Entered: 05/24/2023 08:50 AM] |
| Filing 38 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10520] (Beth Ellen Klusmann ) [Entered: 05/24/2023 08:28 AM] |
| Filing 37 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10520] (John Roach ) [Entered: 05/23/2023 04:04 PM] |
| Filing 36 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10520] (Lide E. Paterno ) [Entered: 05/23/2023 02:55 PM] |
| Filing 35 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10520] (Pratik A. Shah ) [Entered: 05/23/2023 02:54 PM] |
| Filing 30 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 5:21-CV-71 and 5:23-CV-77. Electronic ROA due on 06/07/2023. [23-10520] (MFY) [Entered: 05/23/2023 01:25 PM] |
| Filing 28 TRANSCRIPT ORDER received advising transcript unnecessary as it is already filed. [23-10520] (MFY) [Entered: 05/23/2023 01:23 PM] |
| Filing 27 TRANSCRIPT ORDER received advising transcript unnecessary as it is already filed. Transcript Order ddl satisfied [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., LRP Group, Limited, Texas Horsemen's Partnership, L.L.P. and Valle de Los Tesoros, Limited advising transcript unnecessary as it is already filed. Date of Service: 05/23/2023 via email - Attorney for Appellants: Bustos, Gifford, Sapire, Suhr; Attorney for Appellee: Meier; US mail - Attorney for Appellee: Ehrlich [23-10520] (Gregory Philip Sapire ) [Entered: 05/23/2023 12:19 PM] |
| Filing 26 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10520] (Courtney Dixon ) [Entered: 05/23/2023 12:02 PM] |
| Filing 25 OPPOSED MOTION filed by Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association and Washington Horsemen's Benevolent and Protective Association to expedite the appeal [25]. Date of service: 05/23/2023 via email - Attorney for Appellants: Bustos, Gifford, Sapire, Suhr; Attorney for Appellees: Ehrlich, Meier [23-10520] (Daniel Robert Suhr ) [Entered: 05/23/2023 11:50 AM] |
| Filing 24 ATTORNEY TRANSCRIPT ORDER form filed by Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association and Washington Horsemen's Benevolent and Protective Associationfor the Court to process. Date of service: 05/23/2023 via email - Attorney for Appellants: Bustos, Gifford, Sapire, Suhr; Attorney for Appellees: Ehrlich, Meier. [23-10520] (Daniel Robert Suhr ) [Entered: 05/23/2023 11:30 AM] |
| Filing 23 SIGNED NOTICE OF APPEAL FILED filed. [23-10520] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SIGNED NOTICE OF APPEAL FILED filed by Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association and Washington Horsemen's Benevolent and Protective Association. [23-10520] (Daniel Robert Suhr ) [Entered: 05/23/2023 11:21 AM] |
| Filing 22 APPEARANCE FORM received from Mr. Daniel Robert Suhr for Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association and Washington Horsemen's Benevolent and Protective Association for the court's review. Lead Counsel? Yes. [23-10520] (Daniel Robert Suhr ) [Entered: 05/23/2023 11:16 AM] |
| Filing 21 COURT REPORTER ACKNOWLEDGMENT received from Mechelle Daniel. [23-10520] (Mechelle Daniel ) [Entered: 05/23/2023 10:38 AM] |
| Filing 20 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [20] Transcript order due on 06/07/2023 for Appellants State of Texas and Texas Racing Commission [23-10520] (MFY) [Entered: 05/23/2023 10:00 AM] |
| Filing 19 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [19] Transcript order due on 06/07/2023 for Appellants Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., LRP Group, Limited, Texas Horsemen's Partnership, L.L.P. and Valle de Los Tesoros, Limited [23-10520] (MFY) [Entered: 05/23/2023 09:32 AM] |
| Filing 18 INITIAL CASE CHECK by Attorney Advisor complete. Action: OK to Process with Special Issues to be Briefed. [18] Initial AA Check Due satisfied.. Miscellaneous due on 06/22/2023 for Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association and Washington Horsemen's Benevolent and Protective Association for signed notice of appeal. [23-10520] (MFY) [Entered: 05/23/2023 09:02 AM] |
| Filing 17 OPPOSED MOTION filed by Appellants Global Gaming LSP, L.L.C., Gulf Coast Racing, L.L.C., LRP Group, Limited, Texas Horsemen's Partnership, L.L.P. and Valle de Los Tesoros, Limited to expedite the appeal [17]. Date of service: 05/22/2023 via email - Attorney for Appellants: Bustos, Gifford, Sapire, Suhr; Attorney for Appellees: Ehrlich, Meier; US mail - Attorney for Appellee: Ehrlich [23-10520] (Gregory Philip Sapire ) [Entered: 05/22/2023 05:33 PM] |
| Filing 16 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10520] (Lanora Christine Pettit ) [Entered: 05/22/2023 01:40 PM] |
| Filing 15 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10520] (Ilan Wurman ) [Entered: 05/19/2023 11:48 PM] |
| Filing 14 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10520] (Gregory Philip Sapire ) [Entered: 05/19/2023 03:55 PM] |
| Filing 9 CASE CAPTION updated. Additional appeal filed. [9] Parties added: Appellants State of Texas and Texas Racing Commission. NOA filed by Appellants Texas Racing Commission and State of Texas. [9] [23-10520] (CAS) [Entered: 05/19/2023 12:55 PM] |
| Filing 6 CASE CAPTION updated. Additional appeal filed. [6] Parties added: Appellants Gulf Coast Racing, L.L.C., LRP Group Limited, Valle de Los Tesoros Limited, Global Gaming LSP, L.L.C. and Texas Horsemen's Partnership, L.L.P.. NOA filed by Appellants Texas Horsemen's Partnership, L.L.P., Global Gaming LSP, L.L.C., Valle de Los Tesoros Limited, LRP Group Limited and Gulf Coast Racing, L.L.C.. [6] [23-10520] (CAS) [Entered: 05/19/2023 11:57 AM] |
| Filing 1 US CIVIL CASE docketed. NOA filed by Appellants Arizona Horsemen's Benevolent and Protective Association, Arkansas Horsemen's Benevolent and Protective Association, Illinois Horsemen's Benevolent and Protective Association, Indiana Horsemen's Benevolent and Protective Association, Louisiana Horsemen's Benevolent and Protective Association, Mountaineer Park Horsemen's Benevolent and Protective Association, National Horsemen's Benevolent and Protective Association, Nebraska Horsemen's Benevolent and Protective Association, Oklahoma Horsemen's Benevolent and Protective Association, Oregon Horsemen's Benevolent and Protective Association, Pennsylvania Horsemen's Benevolent and Protective Association, Tampa Bay Horsemen's Benevolent and Protective Association and Washington Horsemen's Benevolent and Protective Association [23-10520] (CAS) [Entered: 05/19/2023 10:45 AM] |
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