Wearry v. Foster
| Michael Wearry |
| Marlon Kearney Foster, in his Individual Capacity, Annette Foster Alford, as the Personal Representative of Appellee Marlon Kearney Foster, for substitution in the place and stead of the Appellee Marlon Kearney Foster, deceased, Paulette H. Foster, as the Personal Representative of Appellee Marlon Kearney Foster, for substitution in the place and stead of the Appellee Marlon Kearney Foster, deceased, Kearney Matthew Foster, as the Personal Representative of Appellee Marlon Kearney Foster, for substitution in the place and stead of the Appellee Marlon Kearney Foster, deceased and William Aaron Foster, as the Personal Representative of Appellee Marlon Kearney Foster, for substitution in the place and stead of the Appellee Marlon Kearney Foster, deceased |
| 26-30186 |
| April 6, 2026 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| Filing 47 EXTENSION RECEIVED for Appellees Ms. Annette Foster Alford, Mr. Kearney Matthew Foster, Paulette H. Foster and Mr. William Aaron Foster. Extension Granted to and including 10/06/2026. E/Res's Brief deadline updated to 10/06/2026 for Appellees Annette Foster Alford, Kearney Matthew Foster, Paulette H. Foster and William Aaron Foster [26-30186] (RAJ) [Entered: 09/28/2026 09:26 PM] |
| Filing 46 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees Ms. Annette Foster Alford, Mr. Kearney Matthew Foster, Paulette H. Foster and Mr. William Aaron Foster for filing Original Brief of Appellees until 10/06/2026 [26-30186] (Druit George Gremillion Jr.) [Entered: 09/28/2026 09:05 AM] |
| Filing 45 EXTENSION RECEIVED for Appellees Ms. Annette Foster Alford, Mr. Kearney Matthew Foster, Paulette H. Foster and Mr. William Aaron Foster. Extension Granted to and including 09/29/2026. E/Res's Brief deadline updated to 09/29/2026 for Appellees Annette Foster Alford, Kearney Matthew Foster, Paulette H. Foster and William Aaron Foster [26-30186] (RAJ) [Entered: 09/10/2026 09:53 AM] |
| Filing 44 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees Ms. Annette Foster Alford, Mr. Kearney Matthew Foster, Paulette H. Foster and Mr. William Aaron Foster for filing Original Brief on behalf of Defendants-Appelees until 09/29/2026 [26-30186] (Druit George Gremillion Jr.) [Entered: 09/08/2026 12:04 PM] |
| Filing 43 CLERK ORDER granting Motion to file record excerpts Optional Contents in excess pages, but not to exceed 83 pages, filed by Appellant Mr. Michael Wearry [ # 38 ]. The clerk is granting your unopposed motion for the Court subject to possible reconsideration by the merits panel at a later date. [26-30186] (DLJ) [Entered: 08/13/2026 09:27 AM] |
| Filing 39 SUFFICIENT RECORD EXCERPTS FILED. REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as the Optional Contents must be reduced. Optional contents exceed 40-page limitations by 43 pages. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT (Monitoring for Court's ruling on pending motion to file record excerpts in excess pages of the Optional Contents limit). [26-30186] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Michael Wearry. Date of service: 08/07/2026 via email - Attorney for Appellees: Cook, Dupuy, Gremillion; Attorney for Appellant: Craig [26-30186] (James W. Craig ) [Entered: 08/07/2026 03:28 PM] |
| Filing 38 MOTION filed by Appellant Mr. Michael Wearry to file record excerpts in excess pages [38]. Date of service: 08/07/2026 via email - Attorney for Appellees: Cook, Dupuy, Gremillion; Attorney for Appellant: Craig [26-30186] (James W. Craig ) [Entered: 08/07/2026 03:23 PM] |
| Filing 37 APPELLANT'S BRIEF FILED. A/Pet's Brief deadline satisfied. Appellee's Brief due on 09/08/2026, for Appellees Annette Foster Alford, Kearney Matthew Foster, Paulette H. Foster and William Aaron Foster. [26-30186] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Michael Wearry. Date of service: 08/07/2026 via email - Attorney for Appellees: Cook, Dupuy, Gremillion; Attorney for Appellant: Craig [26-30186] (James W. Craig ) [Entered: 08/07/2026 03:21 PM] |
| Filing 35 APPEARANCE FORM FILED by Attorney(s) Druit George Gremillion Jr. for party(s) Appellee Kearney Matthew Foster Appellee Paulette H. Foster Appellee William Aaron Foster Appellee Annette Foster Alford, in case 26-30186 [26-30186] (ABT) [Entered: 06/26/2026 10:05 AM] |
| Filing 34 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-30186] (Druit George Gremillion Jr.) [Entered: 06/25/2026 11:44 AM] |
| Filing 33 COURT ORDER granting unopposed motion to extend time to file appellant's brief, filed by Appellant Mr. Michael Wearry [ # 25 ]. A/Pet's Brief deadline updated to 08/07/2026, for Appellant Michael Wearry. [26-30186] (DLJ) [Entered: 06/25/2026 09:47 AM] |
| Filing 25 UNOPPOSED MOTION filed by Appellant Mr. Michael Wearry to extend time to file brief as appellant until 08/07/2026 [25]. Date of service: 06/22/2026 via email - Attorney for Appellant: Craig; Attorney for Appellees: Cook, Dupuy [26-30186] (James W. Craig ) [Entered: 06/22/2026 03:35 PM] |
| Filing 24 CASE CAPTION updated. Appellees Paulette H. Foster, Kearney Matthew Foster and William Aaron Foster added to case. Reason: To capture additional parties granted leave to substitute into case (See order of 06/22/2026). Party information modified for Annette Foster Alford in 26-30186. Update: To correct the party text of parties granted leave to substitute into case. [26-30186] (DLJ) [Entered: 06/22/2026 12:44 PM] |
| Filing 23 COURT ORDER granting unopposed motion to substitute party upon suggestion of death by substituting Appellee Marlon Kearney Foster with Personal Representatives Paulette H. Foster, Kearney Matthew Foster, William Aaron Foster, and Annette Foster Alford, filed by Appellant Mr. Michael Wearry [ # 16 ]. Appellee Marlon Kearney Foster in 26-30186 substituted by Appellees Paulette H. Foster, Kearney Matthew Foster, William Aaron Foster, and Annette Foster Alford in 26-30186. [26-30186] (DLJ) [Entered: 06/22/2026 12:07 PM] |
| Filing 16 UNOPPOSED MOTION to substitute party upon suggestion of death Marlon Kearney Foster with Paulette H. Foster, Kearney Matthew Foster, William Aaron Foster, and Annette Foster Alford. [26-30186] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellant Mr. Michael Wearry to substitute with. Date of service: 06/16/2026 via email - Attorney for Appellees: Cook, Dupuy; Attorney for Appellant: Craig [26-30186] (James W. Craig ) [Entered: 06/16/2026 09:45 AM] |
| Filing 14 APPEARANCE FORM REJECTED for Attorney Druit George Gremillion, Jr. Reason: Counsel lists additional parties who are not a party to the appeal. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. [26-30186] (DLJ) [Entered: 06/09/2026 09:35 AM] |
| Filing 13 CLERK ORDER granting unopposed motion to extend time to file appellant's brief filed by Appellant Mr. Michael Wearry [ # 12 ]. A/Pet's Brief deadline updated to 07/02/2026, for Appellant Michael Wearry. [26-30186] (DLJ) [Entered: 05/28/2026 03:27 PM] |
| Filing 12 UNOPPOSED MOTION filed by Appellant Mr. Michael Wearry to extend time to file brief as appellant until 07/02/2026 [12]. Date of service: 05/27/2026 via email - Attorney for Appellant: Craig; Attorney for Appellees: Cook, Dupuy [26-30186] (James W. Craig ) [Entered: 05/27/2026 02:41 PM] |
| Filing 11 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-30186] (Druit George Gremillion Jr.) [Entered: 05/27/2026 02:40 PM] |
| Filing 10 APPEARANCE FORM FILED by Attorney James W. Craig for Appellant Michael Wearry in 26-30186 [26-30186] (ABT) [Entered: 05/08/2026 07:56 AM] |
| Filing 9 APPEARANCE FORM received from Mr. James W. Craig for Mr. Michael Wearry for the court's review. Lead Counsel? Yes. [26-30186] (James W. Craig ) [Entered: 05/07/2026 04:18 PM] |
| Filing 8 BRIEFING NOTICE ISSUED. A/Pet's Brief Due on 06/02/2026 for Appellant Michael Wearry. [26-30186] (RLL) [Entered: 04/23/2026 09:35 AM] |
| Filing 7 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? Yes. (See DE 152) Electronic ROA deadline satisfied. [26-30186] (RLL) [Entered: 04/23/2026 09:34 AM] |
| Filing 6 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 3:18-CV-594. Electronic ROA due on 05/04/2026. [26-30186] (JAK) [Entered: 04/17/2026 03:15 PM] |
| Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied. [26-30186] (JAK) [Entered: 04/17/2026 03:13 PM] |
| Filing 1 CIVIL RIGHTS CASE docketed. NOA filed by Appellant Mr. Michael Wearry [26-30186] (RA) [Entered: 04/06/2026 03:35 PM] |
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| Plaintiff: Michael Wearry | |
| Represented By: | James W. Craig |
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| Defendant: Marlon Kearney Foster, in his Individual Capacity | |
| Represented By: | Cullen John Dupuy Esq. |
| Represented By: | Katherine Mosel Cook |
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| Defendant: Annette Foster Alford, as the Personal Representative of Appellee Marlon Kearney Foster, for substitution in the place and stead of the Appellee Marlon Kearney Foster, deceased | |
| Represented By: | Cullen John Dupuy Esq. |
| Represented By: | Katherine Mosel Cook |
| Represented By: | Druit George Gremillion Esq. Jr. |
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| Defendant: Paulette H. Foster, as the Personal Representative of Appellee Marlon Kearney Foster, for substitution in the place and stead of the Appellee Marlon Kearney Foster, deceased | |
| Represented By: | Cullen John Dupuy Esq. |
| Represented By: | Katherine Mosel Cook |
| Represented By: | Druit George Gremillion Esq. Jr. |
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| Defendant: Kearney Matthew Foster, as the Personal Representative of Appellee Marlon Kearney Foster, for substitution in the place and stead of the Appellee Marlon Kearney Foster, deceased | |
| Represented By: | Cullen John Dupuy Esq. |
| Represented By: | Katherine Mosel Cook |
| Represented By: | Druit George Gremillion Esq. Jr. |
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| Defendant: William Aaron Foster, as the Personal Representative of Appellee Marlon Kearney Foster, for substitution in the place and stead of the Appellee Marlon Kearney Foster, deceased | |
| Represented By: | Cullen John Dupuy Esq. |
| Represented By: | Katherine Mosel Cook |
| Represented By: | Druit George Gremillion Esq. Jr. |
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