Fender v. Biden
Plaintiff / Appellant: Virna Catherine Fender
Defendant / Appellee: Joseph R. Biden, President of the United States, Lloyd Austin, Secretary of Defense, Department of Defense, Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Department of Health and Human Services
Case Number: 23-20398
Filed: August 18, 2023
Court: U.S. Court of Appeals, Fifth Circuit
Nature of Suit: Other Civil Rights
Docket Report

This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2023 Filing 67 COURT ORDER denying opposed motion to suspend Rules pursuant to Fed. R. App. P. 2, filed by Appellant Ms. Virna Catherine Fender [ # 58 ]. [23-20398] (DLJ) [Entered: 10/11/2023 01:47 PM]
September 28, 2023 Filing 59 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the opposed motion for rehearing en banc filed on 9/26 received from Appellant Ms. Virna Catherine Fender. After further review, there are no provisions in the rules to allow a rehearing en banc to a non-dispositive court order. [23-20398] (CCR) [Entered: 09/28/2023 01:07 PM]
September 26, 2023 Filing 58 OPPOSED MOTION suspend Rules pursuant to FRAP 2 [58]. Date of service: 09/26/2023 Response/Opposition due on 10/06/2023. [23-20398] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Ms. Virna Catherine Fender for hearing en banc [58]. Date of service: 09/26/2023 via email - Appellant Fender; Attorney for Appellee: Saddiqui [23-20398] (Virna Catherine Fender ) [Entered: 09/26/2023 11:12 PM]
September 26, 2023 Filing 56 COURT ORDER denying Motion for expedited ruling on motion filed by Appellant Ms. Virna Catherine Fender [ # 41 ] [23-20398] (ABT) [Entered: 09/26/2023 10:15 AM]
September 25, 2023 Filing 54 COURT ORDER denying opposed motion for summary reversal [ # 16 ]; and denying motion for the Fifth Circuit to exercise its pendent appellate jurisdiction over unadjudicated claims in district court, filed by Appellant Ms. Virna Catherine Fender [ # 22 ]. [23-20398] (DLJ) [Entered: 09/25/2023 03:04 PM]
September 25, 2023 Filing 51 COURT ORDER denying as moot opposed motion for ruling on the motion for summary reversal of district court order issued August 9, 2023, filed by Appellant Ms. Virna Catherine Fender [ # 45 ]. [23-20398] (DLJ) [Entered: 09/25/2023 01:10 PM]
September 24, 2023 Filing 45 OPPOSED MOTION for ruling on motion for summary reversal of district court order issued 08/09/2023 [ # 16 ] [45]. [23-20398] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Ms. Virna Catherine Fender for injunction pending appeal [45] Ruling is requested by: 09/25/2023. Date of service: 09/24/2023 via email - Appellant Fender; Attorney for Appellee: Saddiqui [23-20398] (Virna Catherine Fender ) [Entered: 09/24/2023 11:23 AM]
September 16, 2023 Filing 41 MOTION filed by Appellant Ms. Virna Catherine Fender for expedited ruling on for summary affirmance [ # 16 ] [41]. Date of service: 09/16/2023 via email - Appellant Fender; Attorney for Appellee: Saddiqui [23-20398] (Virna Catherine Fender ) [Entered: 09/16/2023 12:03 PM]
September 15, 2023 Filing 40 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 10/25/2023 for Appellant Virna Catherine Fender. [23-20398] (DDL) [Entered: 09/15/2023 04:19 PM]
September 15, 2023 Filing 39 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. [23-20398] (DDL) [Entered: 09/15/2023 04:19 PM]
September 12, 2023 Filing 31 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:23-CV-1312. Electronic ROA due on 09/27/2023. [23-20398] (DLJ) [Entered: 09/12/2023 03:24 PM]
September 11, 2023 Filing 29 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the "Motion for the Court to Direct the Clerk of Court to Post Receiving the $505 Appellate Fee" received 09/11/2023, from Appellant Ms. Virna Catherine Fender, because the fee payment has been received & applied to this case. [23-20398] (DLJ) [Entered: 09/12/2023 03:04 PM]
September 11, 2023 Filing 28 FEE PAID by Appellant Ms. Virna Catherine Fender. Fee deadline satisfied. [23-20398] (DLJ) [Entered: 09/11/2023 09:19 AM]
September 8, 2023 Filing 27 APPEARANCE FORM FILED by Attorney Myra Farah Saddiqui for Appellee Department of Health and Human Services in 23-20398, Attorney Myra Farah Saddiqui for Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services in 23-20398, Attorney Myra Farah Saddiqui for Appellee Department of Defense in 23-20398, Attorney Myra Farah Saddiqui for Appellee Lloyd Austin in 23-20398, Attorney Myra Farah Saddiqui for Appellee Joseph R. Biden in 23-20398 [23-20398] (ABT) [Entered: 09/08/2023 12:43 PM]
September 7, 2023 Filing 26 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-20398] (Myra Farah Siddiqui ) [Entered: 09/07/2023 05:06 PM]
September 5, 2023 Filing 24 LETTER filed by Appellant Ms. Virna Catherine Fender notifying Court of fee payment mailed. [23-20398] (DLJ) [Entered: 09/06/2023 08:55 AM]
August 31, 2023 Filing 22 MOTION for the Fifth Circuit to Exercise its Pendent Appellate Jurisdiction Over Unadjudicated Claims in District Court [22]. Response/Opposition due on 09/11/2023. [23-20398] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellant Ms. Virna Catherine Fender for ruling on [ # 21 ] [22]. Date of service: 08/31/2023 via email - Appellant Fender; Attorney for Appellee: Saddiqui [23-20398] (Virna Catherine Fender ) [Entered: 08/31/2023 03:40 PM]
August 28, 2023 Filing 21 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the "Motion for the Fifth Circuit to Exercise its Pendent Appellate Jurisdiction Over Unadjudicated Claims" received 08/28/2023, from Appellant Ms. Virna Catherine Fender, because it was electronically filed via the incorrect docket event of "Appellant's Supplemental Brief Filed." Instructions to Party/Attorney: PLEASE READ THE ATTACHED NOTICE. [23-20398] (DLJ) [Entered: 08/31/2023 10:59 AM]
August 24, 2023 Filing 16 OPPOSED CORRECTED MOTION for summary reversal of district court order issued 08/09/2023 [16]. Replaces the motion filed 08/22/2023. Response/Opposition due on 09/05/2023. [23-20398] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED CORRECTED MOTION filed by Appellant Ms. Virna Catherine Fender for injunction pending appeal [16] Ruling is requested by: 08/25/2023. Replaces the motion filed 08/23/2023 Date of Service: 08/23/2023 via email - Appellant Fender; US mail - Attorney for Appellee: Saddiqui [23-20398] (Virna Catherine Fender ) [Entered: 08/24/2023 12:54 PM]
August 22, 2023 Filing 12 CLERK ORDER granting Motion for leave for pro se to file electronically filed by Appellant Ms. Virna Catherine Fender [ # 6 ] [23-20398] (ABT) [Entered: 08/22/2023 02:14 PM]
August 21, 2023 Filing 6 MOTION filed by Appellant Ms. Virna Catherine Fender for leave to file electronically as a pro se party [6]. [23-20398] (DLJ) [Entered: 08/22/2023 11:02 AM]
August 21, 2023 Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied.. Fee due on 09/05/2023 for Appellant Virna Catherine Fender [23-20398] (ABT) [Entered: 08/21/2023 09:38 AM]
August 18, 2023 Filing 1 CIVIL RIGHTS CASE docketed. NOA filed by Appellant Ms. Virna Catherine Fender. [23-20398] (RLL) [Entered: 08/18/2023 02:07 PM]

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Plaintiff / appellant: Virna Catherine Fender
Represented By: Virna Catherine Fender
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Defendant / appellee: Joseph R. Biden, President of the United States
Represented By: Myra Farah Saddiqui
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Defendant / appellee: Lloyd Austin, Secretary of Defense
Represented By: Myra Farah Saddiqui
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Defendant / appellee: Department of Defense
Represented By: Myra Farah Saddiqui
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Defendant / appellee: Xavier Becerra, Secretary, U.S. Department of Health and Human Services
Represented By: Myra Farah Saddiqui
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Defendant / appellee: Department of Health and Human Services
Represented By: Myra Farah Saddiqui
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