Patrick Brooks, et al v. Butler County, OH, et al
| PATRICK BROOKS, ANGELA BROOKS, CONNOR WEBNER, TONJA BACK, JAMES BACK, MICHAEL TINCH, SHANNON TINCH, KAREN FRANK and BRET FRANK |
| BUTLER COUNTY, OH, BUTLER COUNTY, OH BOARD OF ZONING APPEALS and ALAN DANIEL |
| CD DG GERMANTOWN, LLC |
| 21-4129 |
| November 29, 2021 |
| U.S. Court of Appeals, Sixth Circuit |
| Other |
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| Document Text |
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| Filing 41 REPLY BRIEF filed by Attorney Ms. Jennifer M. Kinsley for Appellants James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner. Certificate of Service: 01/04/2022. [21-4129] (JMK) [Entered: 01/04/2022 06:03 PM] |
| Filing 40 LETTER filed by Mr. Joseph R. Miller for CD DG Germantown, LLC communicating dates of unavailability for oral argument: January 10-14, 2022; January 25, 2022; January 27-28, 2022; March 11, 2022; March 14-18, 2022; April 27, 2022; June 10, 2022; July 25, 2022. Certificate of Service: 01/01/2022. [21-4129] (JRM) [Entered: 01/01/2022 05:07 PM] |
| Filing 39 APPELLEE BRIEF filed by Ms. Linda L. Woeber for Alan Daniel. Certificate of Service: 12/28/2021. Argument Request: not requested. [21-4129] (LLW) [Entered: 12/28/2021 04:06 PM] |
| Filing 38 APPELLEE BRIEF filed by Mr. Joseph R. Miller for CD DG Germantown, LLC. Certificate of Service: 12/28/2021. Argument Request: not requested. [21-4129] (JRM) [Entered: 12/28/2021 03:28 PM] |
| Filing 37 APPELLEE BRIEF filed by Mr. Ryan Spitzer for Butler County, OH and Butler County, OH Board of Zoning Appeals. Certificate of Service: 12/28/2021. Argument Request: not requested. [21-4129] (RS) [Entered: 12/28/2021 01:45 PM] |
| Filing 36 Mediation Office is no longer involved in this appeal. (MLB) [Entered: 12/21/2021 03:18 PM] |
| Filing 35 BRIEFING LETTER SENT setting briefing schedule: appellee brief due 12/28/2021; (JAS) [Entered: 12/14/2021 03:23 PM] |
Filing 34
ORDER filed: The motion to expedite [ # 19 ] is GRANTED IN PART. The plaintiffs having already filed an appellant brief on December 3, 2021, any appellee briefs shall be filed no later than December 28, 2021; and any optional reply brief shall be filed within 7 days after the filing of the appellee briefs. Upon completion of briefing, this appeal will be submitted to the court at the earliest practicable date that the courts schedule will permit. The decisions as to when and whether oral argument will be conducted and whether to expedite the issuance of a decision are reserved to the merits panel to which this appeal will be assigned. (JAS) [Entered: 12/14/2021 03:14 PM]
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| Filing 33 TRANSCRIPT ORDER filed - transcript is unnecessary for appeal purposes. Filed by Ms. Jennifer M. Kinsley for James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner. Certificate of Service: 12/14/2021. [21-4129] (JMK) [Entered: 12/14/2021 12:18 PM] |
| Filing 32 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Joseph R. Miller for Appellee CD DG Germantown, LLC Certificate of Service: 12/13/2021. [21-4129] (JRM) [Entered: 12/13/2021 02:40 PM] |
| Filing 31 AMENDED ORDER filed; The motion for an injunction pending appeal [ # 20 ] is therefore DENIED.. Karen Nelson Moore (concurring), Circuit Judge; Ronald Lee Gilman, Circuit Judge and Raymond M. Kethledge, Circuit Judge. (JAS) [Entered: 12/07/2021 12:30 PM] |
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Filing 29
ORDER filed; The motion for an injunction pending appeal [ # 20 ] is therefore DENIED. Karen Nelson Moore, Circuit Judge; Ronald Lee Gilman, Circuit Judge and Raymond M. Kethledge, Circuit Judge. (JAS) [Entered: 12/07/2021 08:25 AM]
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| Filing 28 CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Linda L. Woeber for Appellee Alan Daniel Certificate of Service: 12/06/2021. [21-4129] (LLW) [Entered: 12/06/2021 04:42 PM] |
| Filing 27 ***DOCUMENT LOCKED: Incorrect format. Counsel instructed to print form as pdf and then refile that so it is not editable.*** CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Linda L. Woeber for Appellee Alan Daniel Certificate of Service: 12/06/2021. [21-4129]--[Edited 12/06/2021 by JAS] (LLW) [Entered: 12/06/2021 01:38 PM] |
| Filing 26 RESPONSE in opposition filed regarding a motion, [ # 20 ]; previously filed by Ms. Jennifer M. Kinsley for Patrick Brooks, Angela Brooks, Connor Webner, Tonja Back, James Back, Michael Tinch, Shannon Tinch, Karen Frank and Bret Frank. Response from Attorney Ms. Molly R Gwin for Appellees Butler County, OH and Butler County, OH Board of Zoning Appeals. Certificate of Service: 12/03/2021. [21-4129] (MRG) [Entered: 12/03/2021 04:46 PM] |
| Filing 25 RESPONSE in opposition filed regarding a motion, [ # 20 ]; previously filed by Ms. Jennifer M. Kinsley for Patrick Brooks, Angela Brooks, Connor Webner, Tonja Back, James Back, Michael Tinch, Shannon Tinch, Karen Frank and Bret Frank. Response from Attorney Ms. Linda L. Woeber for Appellee Alan Daniel. Certificate of Service: 12/03/2021. [21-4129] (LLW) [Entered: 12/03/2021 02:49 PM] |
| Filing 24 APPEARANCE filed for Appellees Butler County, OH and Butler County, OH Board of Zoning Appeals by Ryan Spitzer. Certificate of Service: 12/03/2021. [21-4129] (RS) [Entered: 12/03/2021 02:26 PM] |
| Filing 23 APPELLANT BRIEF filed by Ms. Jennifer M. Kinsley for James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner. Certificate of Service: 12/03/2021. Argument Request: requested. [21-4129] (JMK) [Entered: 12/03/2021 07:44 AM] |
| Filing 22 RESPONSE in opposition filed regarding a motion to stay agency judgment, [ # 20 ]; previously filed by Ms. Jennifer M. Kinsley for Patrick Brooks, Angela Brooks, Connor Webner, Tonja Back, James Back, Michael Tinch, Shannon Tinch, Karen Frank and Bret Frank. Response from Attorney Ms. Emily Taft for Appellee CD DG Germantown, LLC. Certificate of Service: 12/02/2021. [21-4129] (ET) [Entered: 12/02/2021 06:31 PM] |
| Filing 21 LETTER SENT to Mr. Danny L. Ferguson for Butler County, OH and Butler County, OH Board of Zoning Appeals and Ms. Linda L. Woeber for Alan Daniel, notifying that the Court has requested a response to the motion to stay agency judgment by close of business tomorrow, Friday, 12/03/2021. (AEG) [Entered: 12/02/2021 06:10 PM] |
| Filing 20 MOTION filed by Ms. Jennifer M. Kinsley for James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner to stay agency judgment. Certificate of Service: 12/02/2021. [21-4129] (JMK) [Entered: 12/02/2021 02:05 PM] |
| Filing 19 MOTION filed by Ms. Jennifer M. Kinsley for James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner to expedite briefing schedule. Certificate of Service: 12/02/2021. [21-4129] (JMK) [Entered: 12/02/2021 02:03 PM] |
| Filing 18 APPEARANCE filed for Appellee Alan Daniel by Cooper D. Bowen. Certificate of Service: 12/02/2021. [21-4129] (CDB) [Entered: 12/02/2021 01:39 PM] |
| Filing 17 APPEARANCE filed for Appellee Alan Daniel by Linda L. Woeber. Certificate of Service: 12/02/2021. [21-4129] (LLW) [Entered: 12/02/2021 01:26 PM] |
| Filing 16 RESPONSE filed regarding a motion, [ # 11 ]; previously filed by Ms. Jennifer M. Kinsley for Patrick Brooks, Angela Brooks, Connor Webner, Tonja Back, James Back, Michael Tinch, Shannon Tinch, Karen Frank and Bret Frank. Response from Attorney Ms. Emily Taft for Appellee CD DG Germantown, LLC. Certificate of Service: 12/02/2021. [21-4129] (ET) [Entered: 12/02/2021 10:15 AM] |
| Filing 15 APPEARANCE filed for Appellee CD DG Germantown, LLC by Joseph R. Miller. Certificate of Service: 12/01/2021. [21-4129] (JRM) [Entered: 12/01/2021 01:32 PM] |
| Filing 14 APPEARANCE filed for Appellee CD DG Germantown, LLC by Emily J. Taft. Certificate of Service: 12/01/2021. [21-4129] (ET) [Entered: 12/01/2021 01:06 PM] |
| Filing 13 APPEARANCE filed for Appellee CD DG Germantown, LLC by Christopher L. Ingram. Certificate of Service: 12/21/2021. [21-4129] (CLI) [Entered: 12/01/2021 12:59 PM] |
| Filing 12 APPEARANCE filed for Appellees Butler County, OH and Butler County, OH Board of Zoning Appeals by Dan L. Ferguson. Certificate of Service: 12/01/2021. [21-4129] (DLF) [Entered: 12/01/2021 08:37 AM] |
| Filing 11 MOTION filed by Ms. Jennifer M. Kinsley for James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner to expedite briefing schedule. Certificate of Service: 11/30/2021. [21-4129] (JMK) [Entered: 11/30/2021 07:02 PM] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Molly R Gwin for Appellees Butler County, OH and Butler County, OH Board of Zoning Appeals Certificate of Service: 11/30/2021. [21-4129] (MRG) [Entered: 11/30/2021 05:25 PM] |
| Filing 9 MEDIATION OFFICE is involved in this appeal. MEDIATOR-INITIATED CALL: A Mediation conference has been scheduled for 12/21/2021 at 9:30 am EASTERN TIME with Scott Coburn. [Please open notice for important details and deadlines.] (CAW) [Entered: 11/30/2021 04:21 PM] |
| Filing 8 APPEARANCE filed for Appellees Butler County, OH and Butler County, OH Board of Zoning Appeals by Molly R. Gwin. Certificate of Service: 11/30/2021. [21-4129] (MRG) [Entered: 11/30/2021 03:55 PM] |
| Filing 7 ***DOCUMENT LOCKED: Incorrect format. Counsel instructed to print form as a PDF so that it is not editable. Please refile this saved form.*** APPEARANCE filed for Appellees Butler County, OH and Butler County, OH Board of Zoning Appeals by Dan L. Ferguson. Certificate of Service: 11/29/2021. [21-4129] (DLF) [Entered: 11/29/2021 04:26 PM] |
| Filing 6 APPEARANCE filed for Appellants James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner by Matthew Miller-Novak. Certificate of Service: 11/29/2021. [21-4129] (MEM) [Entered: 11/29/2021 12:57 PM] |
| Filing 5 ***DOCUMENT LOCKED: Incorrect format. Counsel instructed to print form as a PDF so that it is not editable. Please refile this saved form.*** APPEARANCE filed for Appellants James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner by Matthew Miller-Novak. Certificate of Service: 11/29/2021. [21-4129] (MEM) [Entered: 11/29/2021 12:13 PM] |
| Filing 4 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Jennifer M. Kinsley for Appellants James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner.. Certificate of Service: 11/29/2021. [21-4129] (JMK) [Entered: 11/29/2021 10:43 AM] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Jennifer M. Kinsley for Appellants James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner Certificate of Service: 11/29/2021. [21-4129] (JMK) [Entered: 11/29/2021 10:42 AM] |
| Filing 2 APPEARANCE filed for Appellants James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner by Jennifer Kinsley. Certificate of Service: 11/29/2021. [21-4129] (JMK) [Entered: 11/29/2021 10:41 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch and Connor Webner. Transcript needed: y. (JAS) [Entered: 11/29/2021 09:18 AM] |
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