International Union, Security v. Assane Faye
| International Union, Security, Police and Fire Professionals of America |
| Assane Faye |
| District of Columbia Nurses Association |
| 15-7084 |
| August 18, 2015 |
| U.S. Court of Appeals, D.C. Circuit |
| Labor/Management Rept & Disclsure |
Docket Report
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| CLERK'S ORDER [1634511] filed Upon consideration of appellees petition for rehearing en banc and his consent motion to withdraw the petition for rehearing en banc, it is ORDERED that the motion be granted and the petition is hereby deemed withdrawn [ # 1634076-2 ]. The Clerk is directed to note the docket accordingly. The Clerk is further directed to issue the mandate forthwith. [15-7084] [Entered: 09/08/2016 10:37 AM] |
| MANDATE ISSUED to Clerk, U.S. District Court. [15-7084] [Entered: 09/08/2016 10:43 AM] |
| CONSENT UNOPPOSED MOTION [1634076] filed to withdraw petition filed by Assane Faye [Service Date: 09/06/2016 ] Pages: 1-10. [15-7084] (Marwell, Jeremy) [Entered: 09/06/2016 05:37 PM] |
| MOTION [1631219] filed by Assane Faye to withdraw attorney Eden Brown Gaines (Response to Motion served by mail due on 09/01/2016) [Service Date: 08/19/2016 by CM/ECF NDA] Pages: 1-10. [15-7084] (Gaines, Eden) [Entered: 08/19/2016 12:38 PM] |
| CLERK'S ORDER [1631265] filed Upon consideration of appellees petition for rehearing en banc, it is ORDERED on the court's own motion, that within 15 days of the date of this order, appellant file a response to the petition for rehearing en banc [ # 1630509-2 ]. The response may not exceed 15 pages. Absent further order of the court, the court will not accept a reply to the response. [15-7084] [Entered: 08/19/2016 03:16 PM] |
| CLERK'S ORDER [1631271] filed granting motion to withdraw attorney [ # 1631219-2 ] Eden Brown Gaines who represented Assane Faye in 15-7084 [15-7084] [Entered: 08/19/2016 03:30 PM] |
| ENTRY OF APPEARANCE [1630377] filed by Jeremy C. Marwell and co-counsel John P. Elwood, Kristen P. Miller on behalf of Appellee Assane Faye. [15-7084] (Marwell, Jeremy) [Entered: 08/15/2016 01:01 PM] |
| [PETITION WITHDRAWN BY ORDER ISSUED 09/08/2016] PETITION [1630509] filed by Appellee Assane Faye for rehearing en banc. [Service Date: 08/15/2016 by CM/ECF NDA] Pages: 11-15. [15-7084] (Marwell, Jeremy) [Entered: 08/15/2016 10:09 PM] |
| OPINION [1624915] filed (Pages: 10) for the Court by Judge Tatel, CONCURRING OPINION (Pages: 7) by Judge Tatel,CONCURRING OPINION (Pages: 10) by Judge Millett, DISSENTING OPINION (Pages: 12) by Judge Kavanaugh. [15-7084] [Entered: 07/15/2016 10:20 AM] |
| CLERK'S ORDER [1624917] filed withholding issuance of the mandate. [15-7084] [Entered: 07/15/2016 10:23 AM] |
| PER CURIAM JUDGMENT [1624911] filed that the judgment of the District Court appealed from in this cause is hereby reversed, for the reasons in the accompanying opinion . Before Judges: Tatel, Kavanaugh and Millett. [15-7084] [Entered: 07/15/2016 10:11 AM] |
| TRANSCRIPT [1615986] of oral argument [15-7084] [Entered: 06/01/2016 02:24 PM] |
| ORAL ARGUMENT HELD before Judges Tatel, Kavanaugh and Millett. [15-7084] [Entered: 05/09/2016 09:34 AM] |
| APPELLEE FINAL BRIEF [1611532] filed by Assane Faye [Service Date: 05/03/2016 ] Length of Brief: 2,006 words. [15-7084] (Gaines, Eden) [Entered: 05/03/2016 11:11 AM] |
| SUPPLEMENTAL APPENDIX [1611536] filed by Assane Faye. [Volumes: 1] [Service Date:05/03/2016 ] [15-7084] (Gaines, Eden) [Entered: 05/03/2016 11:14 AM] |
| PER CURIAM ORDER [1611225] filed that the motion to strike be denied. It is FURTHER ORDERED that the motion to supplement the joint appendix and file appellees final brief out of time be granted. Appellees final brief and supplemental appendix are now due by 4:00 p.m. Tuesday, May 3, 2016. In addition to electronic filing, paper copies of appellees submissions must be delivered to the court by the time and date due. Counsel is reminded that under Fed. R. App. P. 30(c)(2)(B), the only changes permitted in a final brief are adding citations to the appendix or supplement and the correction of typographical errors. Before Judges: Tatel, Kavanaugh and Millett. [15-7084] [Entered: 04/29/2016 04:02 PM] |
| MODIFIED EVENT--FORM 72 [1610580] submitted by on behalf of Appellant International Union, Security, Police and Fire Professionals of America (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [15-7084]--[Edited 04/27/2016 by LMF] (Moore, James) [Entered: 04/26/2016 05:45 PM] |
| PER CURIAM ORDER [1610173] filed allocating oral argument time as follows: Appellant - 15 Minutes, Appellee - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 05/02/2016 [15-7084] [Entered: 04/25/2016 09:51 AM] |
| FORM 72 submitted by arguing attorney, Eden Brown Gaines, on behalf of Appellee Assane Faye (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [15-7084] (Gaines, Eden) [Entered: 04/25/2016 01:17 PM] |
| RESPONSE IN OPPOSITION [1609520] filed by International Union, Security, Police and Fire Professionals of America to motion to strike document [ # 1609229-2 ] [Service Date: 04/20/2016 by US Mail, CM/ECF NDA] Pages: 1-10. [15-7084] (Moore, James) [Entered: 04/20/2016 10:06 AM] |
| MOTION [1609229] filed by Assane Faye to strike the appendix (Response to Motion served by mail due on 05/02/2016) [Service Date: 04/18/2016 by CM/ECF NDA] Pages: 1-10. [15-7084] (Gaines, Eden) [Entered: 04/18/2016 03:03 PM] |
| PER CURIAM ORDER [1608700] filed denying appellee's motion to continue oral argument [ # 1607982-2 ]. This case remains on the court's May 9, 2016 oral argument calendar. Before Judges: Tatel, Kavanaugh and Millett. [15-7084] [Entered: 04/14/2016 10:56 AM] |
| MOTION [1607982] filed by Assane Faye to reschedule oral argument (Response to Motion served by mail due on 04/25/2016) [Service Date: 04/11/2016 by CM/ECF NDA] Pages: 1-10. [15-7084] (Gaines, Eden) [Entered: 04/11/2016 10:49 AM] |
| RESPONSE IN OPPOSITION [1608117] filed by International Union, Security, Police and Fire Professionals of America to motion to reschedule oral argument [ # 1607982-2 ] [Service Date: 04/11/2016 by CM/ECF NDA, US Mail] Pages: 1-10. [15-7084] (Moore, James) [Entered: 04/11/2016 03:42 PM] |
| ENTRY OF APPEARANCE [1607858] filed by James M. Moore on behalf of Appellant International Union, Security, Police and Fire Professionals of America. [15-7084] (Moore, James) [Entered: 04/08/2016 12:45 PM] |
| CORRECTED APPELLANT FINAL REPLY BRIEF [1606378] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 03/30/2016 ] Length of Brief: 1,439 words. [15-7084] (Brooks, Scott) [Entered: 03/30/2016 04:31 PM] |
| APPELLANT FINAL BRIEF [1606374] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 03/30/2016 ] Length of Brief: 2,702 words. [15-7084] (Brooks, Scott) [Entered: 03/30/2016 04:28 PM] |
| JOINT APPENDIX [1604146] filed by International Union, Security, Police and Fire Professionals of America. [Volumes: 1] [Service Date: 03/15/2016 ] [15-7084] (Clark, Matthew) [Entered: 03/15/2016 05:03 PM] |
| APPELLANT REPLY BRIEF [1603331] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 03/10/2016 ] [15-7084] (Brooks, Scott) [Entered: 03/10/2016 11:26 AM] |
| CLERK'S ORDER [1602669] filed scheduling oral argument on Monday, 05/09/2016. [15-7084] [Entered: 03/07/2016 01:04 PM] |
| CLERK'S ORDER [1601683] filed granting motion to participate as amicus curiae [ # 1595352-2 ]; the Clerk is directed to file Amicus brief [ # 1597399-2 ] [15-7084] [Entered: 03/01/2016 04:00 PM] |
| PER ABOVE ORDER lodged Amicus brief [ # 1597399-2 ] is filed [15-7084] [Entered: 03/01/2016 04:04 PM] |
| APPELLEE BRIEF [1600702] filed by Assane Faye [Service Date: 02/24/2016 ] Length of Brief: 1962. [15-7084] (Gaines, Eden) [Entered: 02/24/2016 10:02 PM] |
| CORRECTED AMICUS FOR APPELLANT BRIEF [1597399] lodged by District of Columbia Nurses Association [Service Date: 02/05/2016 ] Length of Brief: 3377. [15-7084]--[Edited 02/10/2016 by LMF] (Axelrod, Jonathan) [Entered: 02/05/2016 11:01 AM] |
| CORRECTED APPELLANT BRIEF [1596354] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 02/01/2016 ] [15-7084] (Brooks, Scott) [Entered: 02/01/2016 10:03 AM] |
| AMICUS FOR APPELLANT BRIEF [1596449] LODGED by District of Columbia Nurses Association [Service Date: 02/01/2016 ] Length of Brief: 3,377. [15-7084] (Axelrod, Jonathan) [Entered: 02/01/2016 01:11 PM] |
| MODIFIED PARTY FILER--MOTION [1595352] filed by District of Columbia Nurses Association to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 01/26/2016 ] [15-7084]--[Edited 01/26/2016 by LMC] (Axelrod, Jonathan) [Entered: 01/26/2016 10:11 AM] |
| APPELLANT BRIEF [1595292] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 01/25/2016 ] [15-7084] (Brooks, Scott) [Entered: 01/25/2016 02:00 PM] |
| CLERK'S ORDER [1588947] filed setting briefing schedule: APPELLANT Brief due 01/25/2016. APPELLEE Brief due on 02/24/2016. APPELLANT Reply Brief due 03/09/2016. DEFERRED APPENDIX due 03/16/2016. Final Briefs due 03/30/2016. [15-7084] [Entered: 12/16/2015 12:44 PM] |
| DOCKETING STATEMENT [1573607] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 09/17/2015 ] [15-7084] (Brooks, Scott) [Entered: 09/17/2015 02:38 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1573605] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 09/17/2015 ] [15-7084] (Brooks, Scott) [Entered: 09/17/2015 02:37 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1573609] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 09/17/2015 ] Intent: AppxDeferred [15-7084] (Brooks, Scott) [Entered: 09/17/2015 02:39 PM] |
| ENTRY OF APPEARANCE [1573608] filed by Scott A. Brooks on behalf of Appellant International Union, Security, Police and Fire Professionals of America. [15-7084] (Brooks, Scott) [Entered: 09/17/2015 02:38 PM] |
| STATEMENT OF ISSUES [1573610] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 09/17/2015 ] [15-7084] (Brooks, Scott) [Entered: 09/17/2015 02:40 PM] |
| TRANSCRIPT STATUS REPORT [1573611] filed by International Union, Security, Police and Fire Professionals of America [Service Date: 09/17/2015 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [15-7084] (Brooks, Scott) [Entered: 09/17/2015 02:41 PM] |
| UNDERLYING DECISION IN CASE [1573612] submitted by International Union, Security, Police and Fire Professionals of America [Service Date: 09/17/2015 ] [15-7084] (Brooks, Scott) [Entered: 09/17/2015 02:41 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1573390] filed by Assane Faye [Service Date: 09/16/2015 ] [15-7084] (Gaines, Eden) [Entered: 09/16/2015 02:52 PM] |
| ENTRY OF APPEARANCE [1573389] filed by Eden Brown Gaines on behalf of Appellee Assane Faye. [15-7084] (Gaines, Eden) [Entered: 09/16/2015 02:51 PM] |
| NOTICE OF APPEAL filed [1568467] by International Union, Security, Police and Fire Professionals of America seeking review of a decision by the U.S. District Court in 1:09-cv-02229-RJL. Assigned USCA Case Number [15-7084] [Entered: 08/18/2015 01:55 PM] |
| CLERK'S ORDER filed [1568471] directing party to file initial submissions: APPELLANT docketing statement due 09/17/2015. APPELLANT certificate as to parties, etc. due 09/17/2015. APPELLANT statement of issues due 09/17/2015. APPELLANT underlying decision due 09/17/2015. APPELLANT deferred appendix statement due 09/17/2015. APPELLANT notice of appearance due 09/17/2015. APPELLANT transcript status report due 09/17/2015. APPELLANT procedural motions due 09/17/2015. APPELLANT dispositive motions due 10/02/2015; directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 09/17/2015. APPELLEE entry of appearance due 09/17/2015. APPELLEE procedural motions due 09/17/2015. APPELLEE dispositive motions due 10/02/2015 [15-7084] [Entered: 08/18/2015 01:58 PM] |
| PRIVATE CIVIL CASE docketed. [15-7084] [Entered: 08/18/2015 01:54 PM] |
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