Book People, Incorporated v. Wong
| Book People, Incorporated, VBK, Incorporated, doing business as Blue Willow Bookshop, Association of American Publishers, Authors Guild, Incorporated, Comic Book Legal Defense Fund and American Booksellers Association |
| Martha Wong, in her official capacity as the Chair of the Texas State Library and Archives Commission, Kevin Ellis, in his official capacity the Chair of the Texas State Board of Education and Mike Morath, in his official capacity as the Commissioner of the Texas Education Agency |
| Texas State Representative Jared Patterson, American Civil Liberties of Texas, Dean Lawrence Sager, Association of University Presses, Professor Dale Carpenter, Barnes & Noble, Incorporated, Educational Book and Media Association, Freedom to Learn Advocates, Half Price Books, Records, Magazines, Incorporated, Independent Book Publishers Association, Penguin Random House, L.L.C., Sourcebooks, L.L.C., Texas Speech Communication Association, Foundation for Individual Rights and Expression, Cato Institute, National Coalition Against Censorship, Freedom to Read Foundation, American Association of School Librarians and PEN American Center, Incorporated |
| 23-50668 |
| September 20, 2023 |
| U.S. Court of Appeals, Fifth Circuit |
| Constitutionality of State Statutes |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Book People, Inc. v. Wong
|
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Book People, Incorporated v. Wong
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Docket Report
RSS Track this Docket
This docket was last retrieved on November 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 139 AMICUS CURIAE BRIEF FILED by American Civil Liberties of Texas, Mr. Dale Carpenter and Mr. Lawrence Sager. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 Paper Copies of Brief due on 11/24/2023 for Amici Curiae American Civil Liberties of Texas, Dale Carpenter and Lawrence Sager. [23-50668] (MFY) [Entered: 11/18/2023 12:13 PM] |
| Filing 137 COURT ORDER granting Motion to file amicus brief filed by American Civil Liberties of Texas, Mr. Lawrence Sager and Mr. Dale Carpenter [ # 122 ] filed by American Civil Liberties of Texas, Dale Carpenter and Lawrence Sager in 23-50668 [23-50668] (MFY) [Entered: 11/18/2023 12:05 PM] |
| Filing 133 AMICUS CURIAE BRIEF FILED by NCAC, Cato Institute and Foundation for Individual Rights and Expression. The Consent is Included in the Brief. # of Copies Provided: 0 Paper Copies of Brief due on 11/24/2023 for Amici Curiae Foundation for Individual Rights and Expression, Cato Institute and National Coalition Against Censorship. [23-50668] (MFY) [Entered: 11/18/2023 10:38 AM] |
| Filing 132 UNOPPOSED MOTION by The Foundation for Individual Rights and Expression; the Cato Institute; the National Coalition Against Censorship to file amicus brief [132] Date of service: 11/17/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Pillifant, Prather, Robb; Attorney for Amici Curiae: Leatherbury, Smith, Steinman, Weldon [23-50668] (Joshua J. Bennett ) [Entered: 11/17/2023 06:10 PM] |
| Filing 131 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (JT Morris ) [Entered: 11/17/2023 06:06 PM] |
| Filing 130 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-50668] (Joshua J. Bennett ) [Entered: 11/17/2023 06:04 PM] |
| Filing 129 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-50668] (James G. Byrd ) [Entered: 11/17/2023 05:44 PM] |
| Filing 128 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Ryan W Goellner ) [Entered: 11/17/2023 05:15 PM] |
| Filing 127 AMICUS CURIAE BRIEF FILED by PEN American Center, Incorporated. The Consent is Included in the Brief. # of Copies Provided: 0 Paper Copies of Brief due on 11/24/2023 for Amicus Curiae PEN American Center, Incorporated. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by PEN American Center, Inc.. Date of service: 11/17/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Pillifant, Prather, Robb; Attorney for Amici Curiae: Leatherbury, Smith, Steinman, Weldon [23-50668] (Peter Drew Kennedy ) [Entered: 11/17/2023 05:13 PM] |
| Filing 126 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Kevin T. Shook ) [Entered: 11/17/2023 05:13 PM] |
| Filing 125 AMICUS CURIAE BRIEF FILED by American Association of School Librarians and Freedom to Read Foundation. The Consent is Included in the Brief. # of Copies Provided: 0 Paper Copies of Brief due on 11/24/2023 for Amici Curiae Freedom to Read Foundation and American Association of School Librarians. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Freedom to Read Foundation, and American Association of School Librarians. Date of service: 11/17/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Pillifant, Prather, Robb; Attorney for Amici Curiae: Leatherbury, Smith, Steinman, Weldon [23-50668] (Thomas F. Allen Jr.) [Entered: 11/17/2023 05:02 PM] |
| Filing 123 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Benjamin Arnold West ) [Entered: 11/17/2023 04:39 PM] |
| Filing 122 UNOPPOSED MOTION by Not Parties American Civil Liberties of Texas, Lawrence Sager and Dale Carpenter to file amicus brief [122] [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Civil Liberties Union of Texas, and Scholars of Constitutional Law Dean Lawrence Sager and Professor Dale Carpenter to file amicus brief [122] Date of service: 11/17/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Pillifant, Prather, Robb; Attorney for Amici Curiae: Leatherbury, Smith, Steinman, Weldon [23-50668] (James G. Byrd ) [Entered: 11/17/2023 04:37 PM] |
| Filing 121 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-50668] (Thomas F. Allen Jr.) [Entered: 11/17/2023 04:31 PM] |
| Filing 119 PAPER COPIES REQUESTED for the Amicus Brief filed by Half Price Books, Records, Magazines, Incorporated, Penguin Random House, L.L.C., Association of University Presses, Barnes & Noble, Incorporated, Educational Book and Media Association, Freedom to Learn Advocates, Independent Book Publishers Association and Sourcebooks, L.L.C. in 23-50668 [ # 108 ]. Paper Copies of Brief due on 11/22/2023 for Amici Curiae Association of University Presses, Barnes & Noble, Incorporated, Educational Book and Media Association, Independent Book Publishers Association, Penguin Random House, L.L.C. and Sourcebooks, L.L.C.. [23-50668] (RSM) [Entered: 11/17/2023 03:23 PM] |
| Filing 118 PROPOSED SUFFICIENT BRIEF filed by Half Price Books, Records, Magazines, Incorporated, Penguin Random House, L.L.C., Association of University Presses, Barnes & Noble, Incorporated, Educational Book and Media Association, Freedom to Learn Advocates, Independent Book Publishers Association and Sourcebooks, L.L.C. in 23-50668 [ # 108 ] Brief has been deemed sufficient. Sufficient Brief deadline satisfied [23-50668] (RSM) [Entered: 11/17/2023 02:36 PM] |
| Filing 117 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Peter Steffensen ) [Entered: 11/17/2023 02:28 PM] |
| Filing 116 AMICUS CURIAE BRIEF FILED by Texas Speech Communication Association. The Consent is Included in the Brief. # of Copies Provided: 0 Paper Copies of Brief due on 11/22/2023 for Amicus Curiae Texas Speech Communication Association. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Texas Speech Communication Association. Date of service: 11/17/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Pillifant, Prather, Robb; Attorney for Amici Curiae: Leatherbury, Steinman, Weldon [23-50668] (Catherine Bukowski Smith ) [Entered: 11/17/2023 02:17 PM] |
| Filing 115 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Garrett Meisman ) [Entered: 11/17/2023 02:14 PM] |
| Filing 114 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-50668] (Catherine Bukowski Smith ) [Entered: 11/17/2023 02:12 PM] |
| Filing 112 APPEARANCE FORM FILED by Attorney Linda Steinman for Amicus Curiae Sourcebooks, L.L.C. in 23-50668, Attorney Linda Steinman for Amicus Curiae Penguin Random House, L.L.C. in 23-50668, Attorney Linda Steinman for Amicus Curiae Independent Book Publishers Association in 23-50668, Attorney Linda Steinman for Amicus Curiae Half Price Books, Records, Magazines, Incorporated in 23-50668, Attorney Linda Steinman for Amicus Curiae Educational Book and Media Association in 23-50668, Attorney Linda Steinman for Amicus Curiae Barnes & Noble, Incorporated in 23-50668, Attorney Linda Steinman for Amicus Curiae Association of University Presses in 23-50668 [23-50668] (RSM) [Entered: 11/17/2023 01:57 PM] |
| Filing 110 APPEARANCE FORM FILED by Attorney(s) Thomas S. Leatherbury for party(s) Amicus Curiae Penguin Random House, L.L.C. Amicus Curiae Barnes & Noble, Incorporated Amicus Curiae Association of University Presses Amicus Curiae Half Price Books, Records, Magazines, Incorporated Amicus Curiae Freedom to Learn Advocates Amicus Curiae Sourcebooks, L.L.C. Amicus Curiae Educational Book and Media Association Amicus Curiae Independent Book Publishers Association, in case 23-50668 [23-50668] (RSM) [Entered: 11/17/2023 01:40 PM] |
| Filing 108 AMICUS CURIAE BRIEF FILED by Sourcebooks, L.L.C., Penguin Random House, L.L.C., Independent Book Publishers Association, Half Price Books, Records, Magazines, Incorporated, Freedom to Learn Advocates, Educational Book and Media Association, Barnes & Noble, Incorporated and Association of University Presses. The Consent is Included in the Brief. Additionally the Brief requires INSUFFICIENT FOR: MISSING DISCLOSURE STATEMENT. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 12/01/2023 for Amici Curiae Association of University Presses, Barnes & Noble, Incorporated, Educational Book and Media Association, Freedom to Learn Advocates, Half Price Books, Records, Magazines, Incorporated, Independent Book Publishers Association, Penguin Random House, L.L.C. and Sourcebooks, L.L.C.. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Assoc. of University Presses, Barnes & Noble, Inc., The Educational Book and Media Assoc, Freedom to Learn Advocates, Half Price Books, Records, Magazines, Inc., Independent Book Publishers Assoc, Penguin Random House LLC, Sourcebooks LLC. Date of service: 11/17/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Pillifant, Prather, Robb; Attorney for Amicus Curiae: Weldon [23-50668] (Linda Steinman ) [Entered: 11/17/2023 10:01 AM] |
| Filing 107 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Thomas S. Leatherbury ) [Entered: 11/16/2023 03:20 PM] |
| Filing 106 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-50668] (Linda Steinman ) [Entered: 11/16/2023 02:40 PM] |
| Filing 105 Paper copies of Record Excerpts filed by Appellees Authors Guild, Incorporated, Book People, Incorporated, VBK, Incorporated, American Booksellers Association, Association of American Publishers and Comic Book Legal Defense Fund in 23-50668 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [23-50668] (SME) [Entered: 11/16/2023 12:07 PM] |
| Filing 104 Paper copies of Appellee Brief filed by Appellees Authors Guild, Incorporated, Book People, Incorporated, VBK, Incorporated, American Booksellers Association, Association of American Publishers and Comic Book Legal Defense Fund in 23-50668 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-50668] (SME) [Entered: 11/16/2023 12:06 PM] |
| Filing 103 ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Ms. Laura Lee Prather for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated [23-50668] (Laura Lee Prather ) [Entered: 11/14/2023 04:31 PM] |
| Filing 99 APPEARANCE FORM FILED by Attorney Chance Weldon for Amicus Curiae Jared Patterson in 23-50668 [23-50668] (RSM) [Entered: 11/14/2023 07:40 AM] |
| Filing 98 RECORD EXCERPTS FILED. # of Copies Provided: 0 Paper Copies of Record Excerpts due on 11/20/2023 for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated. Date of service: 11/13/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Pillifant, Prather, Robb; Attorney for Amicus Curiae: Weldon [23-50668] (Laura Lee Prather ) [Entered: 11/13/2023 07:53 PM] |
| Filing 97 APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied. Paper Copies of Brief due on 11/20/2023 for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated. Date of service: 11/13/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Pillifant, Prather, Robb; Attorney for Amicus Curiae: Weldon [23-50668] (Laura Lee Prather ) [Entered: 11/13/2023 07:51 PM] |
| Filing 95 APPEARANCE FORM FILED by Attorney(s) William Reid Pillifant for party(s) Appellee Comic Book Legal Defense Fund Appellee Association of American Publishers Appellee Book People, Incorporated Appellee Authors Guild, Incorporated Appellee American Booksellers Association Appellee VBK, Incorporated, in case 23-50668 [23-50668] (RSM) [Entered: 11/13/2023 02:53 PM] |
| Filing 93 AMICUS CURIAE BRIEF FILED by Jared Patterson. Consent is Not Necessary as a Motion has been Granted. Paper Copies of Brief due on 11/20/2023 for Amicus Curiae Jared Patterson. [23-50668] (MVM) [Entered: 11/13/2023 10:32 AM] |
| Filing 92 COURT ORDER granting Motion to file amicus brief filed by Jared Patterson [ # 87 ] filed by Jared Patterson in 23-50668; granting Motion to file brief out of time filed by Jared Patterson [ # 87 ] [23-50668] (MVM) [Entered: 11/13/2023 10:20 AM] |
| Filing 87 OPPOSED MOTION by Jared Patterson to file amicus brief [87] for leave to file brief out of time [87] - Brief Tendered? Yes Date of Service: 11/10/2023 [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION by Texas State Representative Jared Patterson to file amicus brief [87] Date of service: 11/10/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit, Westbrook; Attorney for Appellees: Lambert, Prather, Robb [23-50668] (Chance Weldon ) [Entered: 11/10/2023 07:00 PM] |
| Filing 86 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-50668] (Chance Weldon ) [Entered: 11/10/2023 06:52 PM] |
| Filing 84 AN ADDITIONAL 4 COPIES OF RECORD EXCERPTS FILED by Appellants Mr. Kevin Ellis, Mr. Mike Morath and Ms. Martha Wong. [23-50668] (SME) [Entered: 11/10/2023 02:48 PM] |
| Filing 83 AN ADDITIONAL 7 COPIES OF BRIEF FILED by Appellants Mr. Kevin Ellis, Mr. Mike Morath and Ms. Martha Wong. [23-50668] (SME) [Entered: 11/10/2023 02:47 PM] |
| Filing 82 Paper copies of Record Excerpts filed by Appellants Mr. Mike Morath, Ms. Martha Wong and Mr. Kevin Ellis in 23-50668 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [23-50668] (SME) [Entered: 11/10/2023 02:46 PM] |
| Filing 81 Paper copies of Appellant Brief filed by Appellants Mr. Mike Morath, Ms. Martha Wong and Mr. Kevin Ellis in 23-50668 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-50668] (SME) [Entered: 11/10/2023 02:45 PM] |
| Filing 80 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (William Reid Pillifant ) [Entered: 11/10/2023 10:11 AM] |
| Filing 79 LETTER OF ADVISEMENT. [23-50668] (PAC) [Entered: 11/09/2023 11:44 AM] |
| Filing 76 APPEARANCE FORM FILED by Attorney(s) Coy Allen Westbrook for party(s) Appellant Martha Wong Appellant Mike Morath Appellant Kevin Ellis, in case 23-50668 [23-50668] (RSM) [Entered: 11/07/2023 08:43 AM] |
| Filing 75 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Coy Allen Westbrook ) [Entered: 11/06/2023 11:45 AM] |
| Filing 74 ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Ms. Kateland R. Jackson for Appellants Mr. Kevin Ellis, Mr. Mike Morath and Ms. Martha Wong [23-50668] (Kateland R. Jackson ) [Entered: 11/02/2023 12:03 PM] |
| Filing 72 RECORD EXCERPTS FILED. # of Copies Provided: 0 Paper Copies of Record Excerpts due on 11/06/2023 for Appellants Kevin Ellis, Mike Morath and Martha Wong. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Mr. Kevin Ellis, Mr. Mike Morath and Ms. Martha Wong. Date of service: 10/30/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit; Attorney for Appellees: Lambert, Prather, Robb [23-50668] (Kateland R. Jackson ) [Entered: 10/30/2023 05:22 PM] |
| Filing 71 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 11/13/2023 for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated. Paper Copies of Brief due on 11/06/2023 for Appellants Kevin Ellis, Mike Morath and Martha Wong. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Kevin Ellis, Mr. Mike Morath and Ms. Martha Wong. Date of service: 10/30/2023 via email - Attorney for Appellants: Cella, Jackson, Pettit; Attorney for Appellees: Lambert, Prather, Robb [23-50668] (Kateland R. Jackson ) [Entered: 10/30/2023 05:20 PM] |
| Filing 65 BRIEFING RESUMED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 10/30/2023 for Appellants Kevin Ellis, Mike Morath and Martha Wong.. Appellee's Brief due on 11/13/2023 for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated. Reply Brief due on 11/20/2023 for Appellants Kevin Ellis, Mike Morath and Martha Wong [23-50668] (LEF) [Entered: 10/11/2023 04:39 PM] |
| Filing 64 BRIEFING SUSPENDED - in light of the 10/10/2023 court order granting the motion to continue oral argument. A/Pet's Brief deadline canceled. E/Res's Brief deadline canceled. Reply Brief deadline canceled [23-50668] (LEF) [Entered: 10/11/2023 04:32 PM] |
| Filing 63 CASE CALENDARED for oral argument on Wednesday, 11/29/2023 at 10:00 a.m. in the En Banc Courtroom of the Wisdom Courthouse in New Orleans. [23-50668] (CBW) [Entered: 10/11/2023 04:23 PM] |
| Filing 62 CALENDARED CASE CONTINUED. See court order issued 10/10/23. [23-50668] (CBW) [Entered: 10/11/2023 03:47 PM] |
| Filing 60 APPEARANCE FORM FILED by Attorney(s) Kateland R. Jackson for party(s) Appellant Martha Wong Appellant Mike Morath Appellant Kevin Ellis, in case 23-50668 [23-50668] (RSM) [Entered: 10/10/2023 02:47 PM] |
| Filing 59 COURT ORDER granting motion to continue oral argument filed by Appellees Authors Guild, Incorporated, Book People, Incorporated, VBK, Incorporated, American Booksellers Association, Association of American Publishers and Comic Book Legal Defense Fund [ # 53 ] [23-50668] (KMP) [Entered: 10/10/2023 02:31 PM] |
| Filing 58 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Kateland R. Jackson ) [Entered: 10/10/2023 02:21 PM] |
| Filing 53 OPPOSED MOTION filed by Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated to continue oral argument [53]. Date of service: 10/09/2023 via email - Attorney for Appellants: Cella, Pettit; Attorney for Appellees: Lambert, Prather, Robb [23-50668] (Laura Lee Prather ) [Entered: 10/09/2023 07:19 PM] |
| Filing 49 BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 10/20/2023 for Appellants Kevin Ellis, Mike Morath and Martha Wong.. Appellee's Brief due on 10/30/2023 for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated.. Reply Brief due on 11/03/2023 for Appellants Kevin Ellis, Mike Morath and Martha Wong. Amicus Briefs are due on 11/01/2023. [23-50668] (MVM) [Entered: 10/09/2023 12:17 PM] |
| Filing 47 CASE CALENDARED for oral argument on Wednesday, 11/08/2023 in New Orleans in the En Banc Courtroom -- PM session. The courtroom deputy assigned to your case is Kim M. Pollard. See the letter attached for full contact information.. [23-50668] (KMP) [Entered: 10/09/2023 11:24 AM] |
| Filing 46 CASE TENTATIVELY calendared for oral argument for the week of 11/06/2023. [23-50668] (KMP) [Entered: 10/09/2023 11:19 AM] |
| Filing 44 COURT ORDER: IT IS ORDERED that Appellants' opposed motion to stay the preliminary injunction pending appeal is CARRIED WITH THE CASE. IT IS FURTHER ORDERED that the appeal is EXPEDITED to the next avaialble oral argument panel. The administrative stay issued on September 25, 2023, continues in effect pending further order of the court. [ # 8 ]; [44] [23-50668] (CAS) [Entered: 10/05/2023 03:44 PM] |
| Filing 41 RESPONSE/OPPOSITION [41] to the Motion for stay pending appeal filed by Appellants Mr. Mike Morath, Ms. Martha Wong and Mr. Kevin Ellis in 23-50668 [ # 8 ]Response/Opposition deadline satisfied. Date of Service: 10/02/2023. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated [41] to the filed by Appellants Mr. Kevin Ellis, Mr. Mike Morath and Ms. Martha Wong [ # 8 ], filed by Appellants Mr. Kevin Ellis, Mr. Mike Morath and Ms. Martha Wong [ # 8 ] Date of Service: 10/02/2023 via email - Attorney for Appellants: Cella, Pettit; Attorney for Appellees: Lambert, Prather, Robb. [23-50668] (Laura Lee Prather ) [Entered: 10/02/2023 03:01 PM] |
| Filing 40 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 11/13/2023 for Appellants Kevin Ellis, Mike Morath and Martha Wong. [23-50668] (DDL) [Entered: 10/02/2023 09:47 AM] |
| 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. [23-50668] (DDL) [Entered: 10/02/2023 09:45 AM] |
| Filing 37 APPEARANCE FORM FILED by Attorney(s) Michael Lambert for party(s) Appellee Comic Book Legal Defense Fund Appellee Association of American Publishers Appellee Book People, Incorporated Appellee Authors Guild, Incorporated, in case 23-50668 [23-50668] (RSM) [Entered: 09/26/2023 03:13 PM] |
| Filing 35 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 1:23-CV-858. Electronic ROA due on 10/11/2023. [23-50668] (PAC) [Entered: 09/26/2023 09:47 AM] |
| Filing 34 TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Lily Iva Reznik, Dt. Filed in Dist. Ct: 09/25/2023 Ct. Reporter Acknowledgment deadline canceled [23-50668] (PAC) [Entered: 09/26/2023 09:47 AM] |
| Filing 33 TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Kristie Davis, Dt. Filed in Dist. Ct: 09/23/2023 Ct. Reporter Acknowledgment deadline canceled [23-50668] (PAC) [Entered: 09/26/2023 09:46 AM] |
| Filing 32 NOTICE RECEIVED from Lily Iva Reznik that the transcript ordered by Appellant Ms. Martha Wong is complete and has been filed in the District Court. [23-50668] (Lily Iva Reznik ) [Entered: 09/25/2023 03:17 PM] |
| Filing 31 COURT ORDER: IT IS ORDERED that an administrative stay is entered pending further order of the court. [ # 8 ] [23-50668]--[Edited 09/25/2023 by CAS] (CAS) [Entered: 09/25/2023 02:19 PM] |
| Filing 30 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-50668] (Michael Lambert ) [Entered: 09/25/2023 09:06 AM] |
| Filing 29 NOTICE RECEIVED from Kristie Davis that the transcript ordered by Appellant Martha Wong is complete and has been filed in the District Court. [23-50668] (Kristie Davis ) [Entered: 09/23/2023 05:49 PM] |
| Filing 28 APPEARANCE FORM FILED by Attorney Laura Lee Prather for Appellee American Booksellers Association in 23-50668, Attorney Laura Lee Prather for Appellee Comic Book Legal Defense Fund in 23-50668, Attorney Laura Lee Prather for Appellee Authors Guild, Incorporated in 23-50668, Attorney Laura Lee Prather for Appellee Association of American Publishers in 23-50668, Attorney Laura Lee Prather for Appellee VBK, Incorporated in 23-50668, Attorney Laura Lee Prather for Appellee Book People, Incorporated in 23-50668 [23-50668] (RSM) [Entered: 09/22/2023 12:43 PM] |
| Filing 26 APPEARANCE FORM FILED by Attorney Catherine Lewis Robb for Appellee American Booksellers Association in 23-50668, Attorney Catherine Lewis Robb for Appellee Comic Book Legal Defense Fund in 23-50668, Attorney Catherine Lewis Robb for Appellee Authors Guild, Incorporated in 23-50668, Attorney Catherine Lewis Robb for Appellee Association of American Publishers in 23-50668, Attorney Catherine Lewis Robb for Appellee VBK, Incorporated in 23-50668, Attorney Catherine Lewis Robb for Appellee Book People, Incorporated in 23-50668 [23-50668] (RSM) [Entered: 09/22/2023 12:38 PM] |
| Filing 25 APPEARANCE FORM received from Ms. Laura Lee Prather for American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated for the court's review. Lead Counsel? Yes. [23-50668] (Laura Lee Prather ) [Entered: 09/21/2023 04:55 PM] |
| Filing 24 APPEARANCE FORM received from Ms. Catherine Lewis Robb for American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated for the court's review. Lead Counsel? No. [23-50668] (Catherine Lewis Robb ) [Entered: 09/21/2023 04:53 PM] |
| Filing 21 Attorney Ms. Laura Prather added as counsel of record for Appellees Book People, Incorporated, VBK, Incorporated, Association of American Publishers, Authors Guild, Incorporated, Comic Book Legal Defense Fund and American Booksellers Association in 23-50668 [23-50668] (MFY) [Entered: 09/21/2023 11:05 AM] |
| Filing 20 TRANSCRIPT ORDER received from Appellant Martha Wong. DETAILS: Transcript Order: Court Reporter: Kristie Davis, Proceeding Type and Date: Motion Hearing 09/11/2023 , Status Conference 09/19/2023 ; Transcript Order: Court Reporter: Lily Iva Reznik, Proceeding Type and Date: Motion Hearing 08/18/2023 , Motion Hearing 08/28/2023 , Status Conference 08/31/2023. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 10/02/2023 for Kristie Davis, Court Reporter and Lily Reznik, Court Reporter. Electronic Filing Processed: [ # 10 ], [ # 9 ] [23-50668] (CAS) [Entered: 09/21/2023 10:55 AM] |
| Filing 19 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [19] Initial AA Check Due satisfied. Transcript order due on 10/06/2023 for Appellants Kevin Ellis, Mike Morath and Martha Wong [23-50668] (CAS) [Entered: 09/21/2023 10:48 AM] |
| Filing 10 ATTORNEY TRANSCRIPT ORDER form filed by Appellants Kevin Ellis, Mr. Mike Morath and Martha Wongfor the Court to process. Date of service: 09/21/2023 via email - Attorney for Appellants: Cella, Pettit; Attorney for Appellee: Robb. [23-50668] (Lanora Christine Pettit ) [Entered: 09/21/2023 08:24 AM] |
| Filing 9 ATTORNEY TRANSCRIPT ORDER form filed by Appellants Kevin Ellis, Mr. Mike Morath and Martha Wongfor the Court to process. Date of service: 09/21/2023 via email - Attorney for Appellants: Cella, Pettit; Attorney for Appellee: Robb. [23-50668] (Lanora Christine Pettit ) [Entered: 09/21/2023 08:22 AM] |
| Filing 12 EXHIBITS IN SUPPORT of Motion for stay pending appeal [ # 8 ] filed by Appellants Kevin Ellis, Mr. Mike Morath and Martha Wong Date of Service: 09/20/2023 [23-50668] (CAS) [Entered: 09/21/2023 08:32 AM] |
| Filing 8 OPPOSED MOTION for stay pending appeal [8] Ruling is requested by: 10/04/2023, to administratively stay order of the Western District of Texas, Austin dated 09/18/2023 [8]. Date of service: 09/20/2023 Response/Opposition due on 10/02/2023. [23-50668] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellants Kevin Ellis, Mr. Mike Morath and Martha Wong for stay pending appeal [8] Ruling is requested by: 10/04/2023. Date of service: 09/20/2023 via email - Attorney for Appellants: Cella, Pettit; Attorney for Appellee: Robb [23-50668] (Lanora Christine Pettit ) [Entered: 09/20/2023 05:03 PM] |
| Filing 6 APPEARANCE FORM FILED by Attorney(s) Lanora Christine Pettit for party(s) Appellant Martha Wong Appellant Mike Morath Appellant Kevin Ellis, in case 23-50668 [23-50668] (CAS) [Entered: 09/20/2023 03:35 PM] |
| Filing 5 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-50668] (Lanora Christine Pettit ) [Entered: 09/20/2023 10:32 AM] |
| Filing 4 CASE CAPTION updated. Party information modified for American Booksellers Association in 23-50668. [23-50668] (MBC) [Entered: 09/20/2023 10:10 AM] |
| Filing 1 PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Kevin Ellis, Mr. Mike Morath and Martha Wong [23-50668] (MBC) [Entered: 09/20/2023 10:04 AM] |
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