Cook v. Marshall
| Stephen D. Cook, Doctor; In his capacity as Co-Trustee of Marshall Heritage Foundation and Stephen D. Cook, Doctor; in his capacities as Co-Trustee of Marshall Heritage Foundation and Marshall Legacy Foundation |
| Preston L. Marshall, In his capacity as Co-Trustee of Peroxisome Trust and Preston L. Marshall, both in his official capacity as Co-Trustee of the Peroxisome Trust and in his personal capacity |
| 24-30222 |
| April 8, 2024 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Contract Actions |
Docket Report
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| Document Text |
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| Filing 73 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 07/10/2024 for Appellant Preston L. Marshall. [24-30222] (DDL) [Entered: 05/31/2024 02:19 PM] |
| Filing 72 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. [24-30222] (DDL) [Entered: 05/31/2024 02:19 PM] |
| Filing 70 REDACTED EXHIBITS IN SUPPORT of Document #46 filed by Appellant Mr. Preston L. Marshall Date of Service: 05/24/2024 [24-30222] (RAJ) [Entered: 05/29/2024 03:16 PM] |
| Filing 69 MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Appellant Mr. Preston L. MarshallThis document is unopposed. Date of service: 05/24/2024 via email - Attorney for Appellants: Attaway, Coker, Frederick, Garner, Kramer, Redlingshafer; Attorney for Appellees: Davis, Jones, Scalise [24-30222] (David Charles Frederick ) [Entered: 05/24/2024 11:15 AM] |
| Filing 67 COURT ORDER: IT IS ORDERED that the Appellant's unopposed motion to file exhibit 3, and exhibit A-E and G to the motion to stay execution of judgment and waive bond under seal is GRANTED. IT IS FURTHER ORDERED that Appellant is directed to file recacted exhibit 3, and exhibit A-E and G to the motion to stay execution of judgment and waive bond within 14 days from this date. The un-redacted exhibit 3, and exhibit A-E and G to the motion to stay execution of judgment and waive bond will remain on file for the court's use. Redacted copies are due 5/28/24 [ # 45 ] [24-30222] (RAJ) [Entered: 05/14/2024 11:46 AM] |
| Filing 63 COURT ORDER. IT IS ORDERED that Appellant's opposed motion to stay execution of the judgment pending appeal, without requiring a bond or other security, is DENIED. IT IS FURTHER ORDERED that Appellant's opposed motion to stay order of the United States District Court for the Eastern District of Louisiana, dated May 3, 2024, is DENIED. IT IS FURTHER ORDERED that Appellant's opposed alternative motion for the Court to set the bond at 50% of the judgment and allow deposit into the district court registry, is DENIED. The court's request to the Appellee for a response to the motion is withdrawn. [ # 46 ];[ # 46 ];l [ # 46 ] [24-30222] (MFY) [Entered: 05/13/2024 07:17 PM] |
| Filing 55 LETTER OF ADVISEMENT. Reason: Advising counsel to notify the Clerk's Office of any after-hours filings that may require prompt court action. [24-30222] (SEP) [Entered: 05/13/2024 11:52 AM] |
| Filing 53 COURT DIRECTIVE ISSUED requesting a response to the Motion to stay stay execution of the judgment pending appeal without requiring a bond or other security filed by Appellant Mr. Preston L. Marshall in 24-30222 [ # 46 ], Motion to stay order of the United States District Court , Eastern District of Louisiana, dated May 3, 2024, filed by Appellant Mr. Preston L. Marshall in 24-30222 [ # 46 ], alternative Motion requesting the Court to set the bond at 50% of the judgment and allow deposit into the district court registry filed by Appellant Mr. Preston L. Marshall in 24-30222. [ # 46 ] Response/Opposition due on 05/14/2024. [24-30222] (SEP) [Entered: 05/13/2024 11:29 AM] |
| Filing 46 OPPOSED MOTION filed by Appellant Mr. Preston L. Marshall to stay execution of the judgment pending appeal without requiring a bond or other security [46], to stay order of the United States District Court for the Eastern District of Louisiana dated 05/03/2024 [46], alternatively, requesting the Court to set the bond at 50% of the judgment and allow deposit into the district court registry [46]. Ruling is requested by 05/14/2024. Date of service: 05/13/2024. [24-30222] (SEP) [Entered: 05/13/2024 10:45 AM] |
| Filing 45 UNOPPOSED MOTION filed by Appellant Mr. Preston L. Marshall to place Exhibit 3, and Exhibits A-E and G to the Motion to Stay Execution of Judgment and Waive Bond under seal [45]. Date of service: 05/13/2024. [24-30222] (SEP) [Entered: 05/13/2024 10:27 AM] |
| Filing 44 MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Appellant Mr. Preston L. Marshall Motion to Stay Execution of Judgment and Waive Bond and Emergency Motion for Administrative Stay Pending a Ruling by the Court This document is opposed. Date of service: 05/13/2024 via email - Attorney for Appellants: Attaway, Coker, Frederick, Garner, Kramer, Redlingshafer; Attorney for Appellees: Davis, Jones, Scalise [24-30222] (David Charles Frederick ) [Entered: 05/13/2024 08:12 AM] |
| Filing 43 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 2:17-CV-5368; 2:21-CV-2139. Electronic ROA due on 05/17/2024. [24-30222] (RAJ) [Entered: 05/02/2024 06:19 PM] |
| Filing 42 TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Jodi Simcox, Dt. Filed in Dist. Ct: 05/02/2024 Transcript Due/Court Reporter Discount Date canceled [24-30222] (RAJ) [Entered: 05/02/2024 06:18 PM] |
| Filing 41 NOTICE RECEIVED from Jodi Simcox that the transcript ordered by Appellant Mr. Preston L. Marshall is complete and has been filed in the District Court. [24-30222] (Jodi Simcox ) [Entered: 05/02/2024 04:14 PM] |
| Filing 40 NO COURT REPORTER ACKNOWLEDGMENT RECEIVED for Ms. Jodi Simcox. Transcript Order: Court Reporter: Jodi Simcox. Transcript deadlines created - Ct. Reporter Acknowledgment deadline canceled. Transcript Due/Court Reporter Discount Date is 05/13/2024 for Jodi Simcox, Court Reporter [24-30222] (RAJ) [Entered: 04/29/2024 10:07 AM] |
| Filing 37 APPEARANCE FORM FILED by Attorney(s) Scott Kelly Attaway for party(s) Appellant Preston L. Marshall, in case 24-30222 [24-30222] (RA) [Entered: 04/16/2024 01:05 PM] |
| Filing 35 APPEARANCE FORM FILED by Attorney(s) Catherine Redlingshafer for party(s) Appellant Preston L. Marshall, in case 24-30222 [24-30222] (RA) [Entered: 04/15/2024 09:40 AM] |
| Filing 34 APPEARANCE FORM FILED by Attorney(s) David Charles Frederick for party(s) Appellant Preston L. Marshall, in case 24-30222 [24-30222] (RA) [Entered: 04/15/2024 09:39 AM] |
| Filing 33 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-30222] (Catherine Redlingshafer ) [Entered: 04/12/2024 10:14 AM] |
| Filing 32 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-30222] (Scott Kelly Attaway ) [Entered: 04/12/2024 10:11 AM] |
| Filing 31 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-30222] (David Charles Frederick ) [Entered: 04/12/2024 10:07 AM] |
| Filing 29 APPEARANCE FORM FILED by Attorney(s) Kelly Titus Scalise for party(s) Appellee Stephen D. Cook, in case 24-30222 [24-30222] (RA) [Entered: 04/12/2024 08:59 AM] |
| Filing 28 APPEARANCE FORM FILED by Attorney Philip K. Jones Jr. for Appellee Stephen D. Cook in 24-30222 [24-30222] (RA) [Entered: 04/12/2024 08:58 AM] |
| Filing 27 LETTER OF ADVISEMENT. Reason: updated caption [24-30222] (RA) [Entered: 04/11/2024 04:11 PM] |
| Filing 24 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-30222] (Kelly Titus Scalise ) [Entered: 04/11/2024 03:02 PM] |
| Filing 23 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-30222] (Philip K. Jones Jr.) [Entered: 04/11/2024 02:49 PM] |
| Filing 21 APPEARANCE FORM FILED by Attorney Daniel A. Kramer for Appellant Preston L. Marshall in 24-30222 [24-30222] (RA) [Entered: 04/11/2024 02:34 PM] |
| Filing 20 APPEARANCE FORM FILED by Attorney James M. Garner for Appellant Preston L. Marshall in 24-30222 [24-30222] (RA) [Entered: 04/11/2024 02:32 PM] |
| Filing 19 APPEARANCE FORM FILED by Attorney(s) Ashley Gremillion Coker for party(s) Appellant Preston L. Marshall, in case 24-30222 [24-30222] (RA) [Entered: 04/11/2024 02:31 PM] |
| Filing 17 TRANSCRIPT ORDER received from Appellant Mr. Preston L. Marshall. DETAILS: Transcript Order: Court Reporter: Jodi Simcox, Proceeding Type and Date: Motion Hearing 12/07/2022 , Motion Hearings 11/01/2023. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 04/22/2024 for Jodi Simcox, Court Reporter. Electronic Filing Processed: [ # 16 ] [24-30222] (RAJ) [Entered: 04/11/2024 10:23 AM] |
| Filing 16 ATTORNEY TRANSCRIPT ORDER form filed by Appellant Mr. Preston L. Marshallfor the Court to process. Date of service: 04/11/2024 via email - Attorney for Appellees: Davis, Jones; Attorney for Appellants: Garner, Kramer. [24-30222] (James M. Garner ) [Entered: 04/11/2024 10:10 AM] |
| Filing 15 TRANSCRIPT ORDER received. Counsel called advising transcripts are needed.[24-30222] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellant Mr. Preston L. Marshall advising transcript unnecessary for appeal purposes. Date of Service: 04/11/2024 via email - Attorney for Appellees: Davis, Jones; Attorney for Appellants: Garner, Kramer [24-30222] (James M. Garner ) [Entered: 04/11/2024 10:03 AM] |
| Filing 14 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-30222] (Daniel A. Kramer ) [Entered: 04/11/2024 09:50 AM] |
| Filing 13 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-30222] (Ashley Gremillion Coker ) [Entered: 04/10/2024 03:02 PM] |
| Filing 12 APPEARANCE FORM received from Mr. James M. Garner, Esq. for Mr. Preston L. Marshall for the court's review. Lead Counsel? Yes. [24-30222] (James M. Garner ) [Entered: 04/10/2024 02:58 PM] |
| Filing 11 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [11] [24-30222] (RA) [Entered: 04/10/2024 09:22 AM] |
| Filing 10 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [10] Initial AA Check Due satisfied.. Transcript order due on 04/25/2024 for Appellant Preston L. Marshall [24-30222] (RA) [Entered: 04/10/2024 09:19 AM] |
| Filing 5 CASE CAPTION updated. Additional appeal filed. [5] NOA filed by Appellant Mr. Preston L. Marshall. [5] [24-30222] (RA) [Entered: 04/09/2024 11:01 AM] |
| Filing 1 PRIVATE CIVIL DIVERSITY CASE docketed. NOA filed by Appellant Mr. Preston L. Marshall [24-30222] (RA) [Entered: 04/08/2024 11:10 AM] |
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| Plaintiff: Stephen D. Cook, Doctor; In his capacity as Co-Trustee of Marshall Heritage Foundation | |
| Represented By: | Michael Reese Davis Sr. |
| Represented By: | Philip K. Jones Jr. |
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| Plaintiff: Stephen D. Cook, Doctor; in his capacities as Co-Trustee of Marshall Heritage Foundation and Marshall Legacy Foundation | |
| Represented By: | Philip K. Jones Jr. |
| Represented By: | Michael Reese Davis Sr. |
| Represented By: | Kelly Titus Scalise |
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| Defendant: Preston L. Marshall, In his capacity as Co-Trustee of Peroxisome Trust | |
| Represented By: | James M. Garner Esq. |
| Represented By: | Daniel A. Kramer |
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| Defendant: Preston L. Marshall, both in his official capacity as Co-Trustee of the Peroxisome Trust and in his personal capacity | |
| Represented By: | David Charles Frederick |
| Represented By: | James M. Garner Esq. |
| Represented By: | Scott Kelly Attaway |
| Represented By: | Ashley Gremillion Coker Esq. |
| Represented By: | Daniel A. Kramer |
| Represented By: | Catherine Redlingshafer |
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