Belinda Fitzpatrick v. Kyle Hanney, et al
| BELINDA MARIE FITZPATRICK |
| MATTHEW SIMON and KYLE HANNEY |
| 24-1639 |
| July 30, 2024 |
| U.S. Court of Appeals, Sixth Circuit |
| Civil Rights: Other |
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| Filing 13 RULING LETTER SENT granting appellant's motion to extend time to file brief [ # 12 ] by 60 days. Resetting briefing schedule: appellant brief now due 11/22/2024; appellee brief now due 12/23/2024. (GSA) [Entered: 09/25/2024 11:22 AM] |
| Filing 12 MOTION filed by Mr. David Daniel Burress for Matthew Simon to extend time to file brief. Certificate of Service: 09/20/2024. [24-1639] (DDB) [Entered: 09/20/2024 02:48 PM] |
| Filing 11 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 09/23/2024; appellee brief due 10/23/2024. (GSA) [Entered: 08/14/2024 03:10 PM] |
| Filing 10 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. David Daniel Burress for Appellant Matthew Simon. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Parties Against Whom this Appeal is Being Taken: Belinda Marie Fitzpatrick ; Issues: This is appeal is being taken by Defendant/Appellant Matthew Simon, following the District Court's denial of qualified immunity, his renewed motion for judgment on the pleadings which sought dismissal of Plaintiff's Complaint against him. Simon intends to argue that a joint search, conducted pursuant to an animal control warrant for evidence of animals subjected to inhumane conditions, did not exceed the Fourth Amendment, and that a reasonable code official in his position would have believed the search was lawful. And that Plaintiff's due process claims should have been dismissed because existing precedent did not hold that a code official is prohibited from red tagging an environment soiled with feces, other filth or contamination, or deceased animals. . Certificate of Service: 08/13/2024. [24-1639] (DDB) [Entered: 08/13/2024 04:27 PM] |
| Filing 9 TRANSCRIPT ORDER filed - no hearings held in District Court. Filed by Mr. David Daniel Burress for Matthew Simon. Certificate of Service: 08/13/2024. [24-1639] (DDB) [Entered: 08/13/2024 03:03 PM] |
| Filing 8 APPEARANCE filed for Appellant Matthew Simon by T. Joseph Seward. Certificate of Service: 08/13/2024. [24-1639] (TJS) [Entered: 08/13/2024 02:57 PM] |
| Filing 7 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: David D. Burress ; Matthew Simon makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 08/13/2024. [24-1639] (DDB) [Entered: 08/13/2024 02:40 PM] |
| Filing 6 LOCKED ** COUNSEL NEEDS TO REFILE THEIR FORM UNDER THEIR OWN PACER ACCOUNT ** APPEARANCE filed for Appellant Matthew Simon by T. Joseph Seward. Certificate of Service: 08/13/2024. [24-1639]--[Edited 08/13/2024 by GSA] (DDB) [Entered: 08/13/2024 02:32 PM] |
| Filing 5 APPEARANCE filed for Appellant Matthew Simon by David D. Burress. Certificate of Service: 08/13/2024. [24-1639] (DDB) [Entered: 08/13/2024 02:28 PM] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: J. Nicholas Bostic ; Belinda Marie Fitzpatrick makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No. Certificate of Service: 07/31/2024. [24-1639] (JNB) [Entered: 07/31/2024 05:26 PM] |
| Filing 3 APPEARANCE filed for Appellee Belinda Marie Fitzpatrick by J. Nicholas Bostic. Certificate of Service: 07/31/2024. [24-1639] (JNB) [Entered: 07/31/2024 05:18 PM] |
| Filing 2 The case manager for this case is: Gretchen Abruzzo (GSA) [Entered: 07/30/2024 02:31 PM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellant Matthew Simon. Transcript needed: n. (GSA) [Entered: 07/30/2024 02:29 PM] |
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