Bryan Pesta v. Cleveland State University, et al
| BRYAN PESTA |
| LAURA BLOOMBERG, in her individual and official capacity, WENDY REGOECZI, in her individual capacity, CLEVELAND STATE UNIVERSITY, CHRISTOPHER MALLETT, in his individual capacity, HARLAN M. SANDS, in his individual capacity, CONOR MCLENNAN, in his individual capacity, CLEVELAND STATE UNIVERSITY BOARD OF TRUSTEES, In their official capacities and BENJAMIN WARD, in his individual capacity |
| 24-3947 |
| October 30, 2024 |
| U.S. Court of Appeals, Sixth Circuit |
| Civil Rights: Other |
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| Filing 11 BRIEFING LETTER SENT by Mediation Office, resetting briefing schedule: appellant brief now due 01/13/2025. appellee brief now due 02/12/2025. (MLB) [Entered: 12/23/2024 11:16 AM] |
| Filing 10 APPEARANCE filed for Appellees Laura Bloomberg, Mr. Christopher Mallett, Mr. Conor McLennan, Ms. Wendy Regoeczi, Mr. Harlan M. Sands and Mr. Benjamin Ward by Karen Giffen. Certificate of Service: 12/02/2024. [24-3947] (KLG) [Entered: 12/02/2024 11:05 AM] |
| Filing 9 APPEARANCE filed for Appellees Laura Bloomberg, Mr. Christopher Mallett, Mr. Conor McLennan, Ms. Wendy Regoeczi, Mr. Harlan M. Sands and Mr. Benjamin Ward by Kerin Lyn Kaminski. Certificate of Service: 12/02/2024. [24-3947] (KLK) [Entered: 12/02/2024 11:02 AM] |
| Filing 8 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 12/23/2024;. appellee brief due 01/22/2025; (VLP) [Entered: 11/13/2024 08:00 AM] |
| Filing 7 TRANSCRIPT ORDER filed - transcript is unnecessary for appeal purposes. Filed by Mr. Frederick C. Kelly, III for Mr. Bryan Pesta. Certificate of Service: 11/12/2024. [24-3947] (FCK) [Entered: 11/12/2024 03:46 PM] |
| Filing 6 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Frederick C. Kelly ; Mr. Bryan Pesta 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: 11/12/2024. [24-3947] (FCK) [Entered: 11/12/2024 03:45 PM] |
| Filing 5 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Frederick C. Kelly, III for Appellant Mr. Bryan Pesta. 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: Mr. Bryan Pesta ; Issues: Whether the District Court erred by invoking the test from Garcetti v Ceballos rather than Pickering v Board of Ed for a First Amendment case involving a professor's speech on an issue of public concern? Whether the District Court erred under Pickering and Meriwether by tacitly permitting Appellees to outweigh Pesta's interest in publishing a landmark scientific study with the need to punish de minimis technical infractions? Whether the District Court erred by blindly deferring to an administrative record rife with obvious factual errors against a backdrop of evidence showing that hostility to Pesta's speech animated the fact finders and decision makers? Whether indeed a fair review of the record instead showed that Pesta had committed no academic research misconduct, but at best some de minimis infractions shared by others at Cleveland State (who were not punished in any manner)? . Certificate of Service: 11/12/2024. [24-3947] (FCK) [Entered: 11/12/2024 03:43 PM] |
| Filing 4 APPEARANCE filed for Appellant Mr. Bryan Pesta by Frederick C. Kelly. Certificate of Service: 11/12/2024. [24-3947] (FCK) [Entered: 11/12/2024 03:34 PM] |
| Filing 3 MEDIATION OFFICE is involved in this appeal. VIDEO CONFERENCE: A Mediation conference has been scheduled for 12/06/2024 at 9:30 AM (ET) with Kathryn Wollenburg. [Please open notice for important details and deadlines.] (CAW) [Entered: 10/31/2024 01:34 PM] |
| Filing 2 The case manager for this case is: Virginia Padgett (VLP) [Entered: 10/30/2024 11:12 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellant Mr. Bryan Pesta. Transcript needed: y. (VLP) [Entered: 10/30/2024 11:10 AM] |
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