District Appellate Supreme
Federal
Louisiana Middle District Court Court of Appeals for the Fifth Circuit United States Supreme Court

John Doe v. DeRay Mckesson, et al
Appeal Court of Appeals for the Fifth Circuit, Case No. 17-30864

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Last Updated June 24, 2019 at 5:02 PM DT (1.9 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Black Lives Matter, Defendant - Appellee
No Logo Black Lives Matter Network, Incorporated, Defendant - Appellee

Toggle Switch Represented by Barrasso Usdin Kupperman Freeman & Sarver, LLC

Name Phone Fax E-Mail
Space Christine M. Calogero +1 504 589 9700 +1 504 589 9701 ccalogero@barrassousdin.com
McKesson, DeRay McKesson, DeRay, Defendant - Appellee
Officially listed as "Deray Mckesson"

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space David Thomas Goldberg +1 212 334 8813 david@donahuegoldberg.com

Toggle Switch Represented by Schonekas, Evans, McGoey & McEachin, LLC

Name Phone Fax E-Mail
Space Ian Lewis Atkinson +1 504 680 6050 ian@semmlaw.com
Space William P. Gibbens +1 504 680 6050 billy@semmlaw.com
No Logo Officer John Doe, Police Officer, Plaintiff - Appellant

Toggle Switch Represented by Grodner and Associates, APLC

Name Phone Fax E-Mail
Space Donna Unkel Grodner +1 225 769 1919 dgrodner@grodnerlaw.com
Nature of Suit 4365 - Personal Injury: Product Liability
Case Type Private Civil Diversity
Lower Court Case https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?caseNumber=3:16-CV-742
Lower Court Case https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?caseNumber=3:16-CV-742
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Legal Document (Payment Possibly Required) 00505002770 Filed: 6/19/2019, Entered: None Unknown Document Type
RESPONSE/OPPOSITION [9079623-1] to the Court directive requesting a response to the [9078320-2] Petition for rehearing en banc filed by Appellee Mr. DeRay Mckesson in 17-30864. [9071296-2 ]Response/Opposition deadline satisfied. Date of Service: 06/19/2019. [17-30864] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Mr. John Doe [9079623-1] to the Court Order [9078320-2] Date of Service: 06/19/2019 via email - Attorney for Appellees: Atkinson, Calogero, Gibbens, Goldberg; Attorney for Appellant: Grodner. [17-30864] (Donna Unkel Grodner )
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    Legal Document (Payment Possibly Required) 00505000653 Filed: 6/18/2019, Entered: None Unknown Document Type
    COURT DIRECTIVE ISSUED requesting a response to the petition for rehearing en banc filed by Appellee Mr. DeRay Mckesson in 17-30864. [9071296-2] Response/Opposition due on 06/24/2019 by 5:00 p.m. [17-30864] (SEP)
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      Blank  Filed: 6/14/2019, Entered: None Unknown Document Type
      Paper copies of petition for rehearing en banc filed by Appellee Mr. DeRay Mckesson in 17-30864 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 23. Paper Copies of Rehearing due deadline satisfied. [17-30864] (SEP)
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        Legal Document (Payment Possibly Required) 00504993478 Filed: 6/11/2019, Entered: None Unknown Document Type
        REHEARING MADE SUFFICIENT filed by Appellee Mr. DeRay Mckesson in 17-30864. [9071296-2] Sufficient Rehearing due deadline satisfied. Paper Copies of Rehearing due on 06/17/2019 for Appellee DeRay Mckesson. [17-30864] (SEP)
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          Legal Document (Payment Possibly Required) 00504988625 Filed: 6/7/2019, Entered: None Unknown Document Type
          PETITION for rehearing en banc. [9071296-2] Number of Copies:0. Date of Service: 06/07/2019. Document is insufficient for the following reasons: Statement of issues is not included (or is not clearly labeled - in the body of the document or in the table of contents); statement of facts is not clearly labeled in the body of the document or in the table of contents. Sufficient Rehearing due on 06/20/2019 for Appellee DeRay Mckesson. Mandate issue date canceled. [17-30864] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Appellee Mr. DeRay Mckesson for rehearing en banc [9071296-2]. Date of Service: 06/07/2019 via email - Attorney for Appellees: Atkinson, Calogero, Gibbens, Goldberg; Attorney for Appellant: Grodner; US mail - Attorney for Appellee: Goldberg [17-30864] (David Thomas Goldberg )
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            Blank  Filed: 6/6/2019, Entered: None Unknown Document Type
            APPEARANCE FORM FILED by Attorney(s) David Thomas Goldberg for party(s) Appellee DeRay Mckesson, in case 17-30864. [17-30864] (SEP)
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              Legal Document (Payment Possibly Required) 00504986431 Filed: 6/6/2019, Entered: None Unknown Document Type
              APPEARANCE FORM for the court's review. Lead Counsel? Yes. [17-30864] (David Thomas Goldberg )
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                Blank  Filed: 5/3/2019, Entered: None Unknown Document Type
                DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the appearance form for attorney Donna Grodner received from Appellant Mr. John Doe because it is a duplicate form. An appearance form was previously received and filed for this attorney. Duplicate appearance forms are unnecessary. [17-30864] (SEP)
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                  Blank  Filed: 5/2/2019, Entered: None Unknown Document Type
                  APPEARANCE FORM FILED by Attorney(s) Ian Lewis Atkinson for party(s) Appellee DeRay Mckesson, in case 17-30864 [17-30864] (MAS)
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                    Legal Document (Payment Possibly Required) 00504940464 Filed: 5/2/2019, Entered: None Unknown Document Type
                    APPEARANCE FORM for the court's review. Lead Counsel? No. [17-30864] (Ian Lewis Atkinson )
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                      Legal Document (Payment Possibly Required) 00504940332 Filed: 5/2/2019, Entered: None Unknown Document Type
                      COURT ORDER granting opposed motion to extend the time to file a petition for rehearing/petition for rehearing en banc filed by Appellee Mr. DeRay Mckesson [9041834-2] until 06/07/2019. Mandate issue date updated to 06/17/2019. Case Management deadline satisfied. [17-30864] (SEP)
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                        Legal Document (Payment Possibly Required) 00504937993 Filed: 5/1/2019, Entered: None Unknown Document Type
                        OPPOSED MOTION to extend the time to file a rehearing until 06/07/2019. Date of service: 05/01/2019. [9041834-2] Mandate issue date canceled. Case Management due on 05/08/2019. [17-30864]
                        REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellee Mr. DeRay Mckesson to extend the time to file a rehearing until 06/07/2019 [9041834-2]. Date of service: 05/01/2019 via email - Attorney for Appellees: Calogero, Gibbens; Attorney for Appellant: Grodner [17-30864] (William P. Gibbens )
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                          Legal Document (Payment Possibly Required) 00504931557 Filed: 4/26/2019, Entered: None Unknown Document Type
                          BILL OF COSTS filed by Appellant Mr. John Doe. [17-30864] (Donna Unkel Grodner )
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                            Legal Document (Payment Possibly Required) 00504929452 Filed: 4/24/2019, Entered: None Unknown Document Type
                            JUDGMENT ENTERED AND FILED. Costs Taxed Against: Defendants-Appellees. [17-30864] (NFD)
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                              Legal Document 00504929432 Filed: 4/24/2019, Entered: None Unknown Document TypeCourt Filing
                              PUBLISHED OPINION FILED. [17-30864 Affirmed in Part, Reversed in Part and Remanded ] Judge: EGJ , Judge: JWE , Judge: DRW. Mandate issue date is 05/16/2019 [17-30864] (NFD)
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                                Blank  Filed: 3/19/2018, Entered: None Unknown Document Type
                                RECORD ON APPEAL FILED. Electronic Pleadings, 4; ROA deadline satisfied. [17-30864] (DDL)
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                                  Blank  Filed: 3/14/2018, Entered: None Unknown Document Type
                                  PAPER RECORD ON APPEAL AND ANY EXHIBITS REQUESTED FROM DISTRICT COURT for 3:16-CV-742. ROA due on 03/22/2018 [17-30864] (MGG)
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                                    Blank  Filed: 3/13/2018, Entered: None Unknown Document Type
                                    Paper copies of Appellant Reply Brief filed by Appellant Mr. John Doe in 17-30864 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [17-30864] (SEP)
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                                      Legal Document (Payment Possibly Required) 00504377222 Filed: 3/7/2018, Entered: None Unknown Document Type
                                      APPELLANT'S REPLY BRIEF FILED by Mr. John Doe. # of Copies Provided: 0. Reply Brief deadline satisfied. Paper Copies of Brief due on 03/12/2018 for Appellant John Doe. [17-30864] (SEP)
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                                        Legal Document (Payment Possibly Required) 00504377209 Filed: 3/7/2018, Entered: None Unknown Document Type
                                        CLERK ORDER granting unopposed motion to file reply brief out of time filed by Appellant Mr. John Doe. [8716847-2] [17-30864] (SEP)
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                                          Legal Document (Payment Possibly Required) 00504370567 Filed: 3/2/2018, Entered: None Unknown Document Type
                                          UNOPPOSED MOTION for leave to file reply brief out of time. [8716847-2] - Brief Tendered? Yes. Date of service: 03/02/2018. [17-30864] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellant Mr. John Doe to file out of time Rely Brief [8716847-2]. Date of service: 03/02/2018 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (Donna Unkel Grodner )
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                                            Blank  Filed: 2/26/2018, Entered: None Unknown Document Type
                                            Paper copies of Appellee Brief filed by Appellee Black Lives Matter Network, Incorporated in 17-30864 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [17-30864] (MAS)
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                                              Legal Document (Payment Possibly Required) 00504356288 Filed: 2/21/2018, Entered: None Unknown Document Type
                                              PROPOSED SUFFICIENT BRIEF filed by Appellee Black Lives Matter Network, Incorporated in 17-30864 [8704278-2] Date of service: 02/21/2018 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (Christine Marie Calogero )
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                                                Legal Document (Payment Possibly Required) 00504348989 Filed: 2/15/2018, Entered: None Unknown Document Type
                                                SUFFICIENT APPELLEE'S BRIEF FILED. # of Copies Provided: 0. Sufficient Brief deadline satisfied. Paper Copies of Brief due on 02/28/2018 for Appellee Black Lives Matter Network, Incorporated. [17-30864] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED Additionally the Brief requires correctted caption, table of contents must list all sections of the brief. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 E/Res's Brief deadline satisfied. Sufficient Brief due on 03/02/2018 for Appellee Black Lives Matter Network, Incorporated.. Reply Brief due on 03/01/2018 for Appellant John Doe [17-30864] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Black Lives Matter Network, Incorporated. Date of service: 02/15/2018 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (Christine Marie Calogero )
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                                                  Legal Document (Payment Possibly Required) 00504346828 Filed: 2/12/2018, Entered: None Unknown Document Type
                                                  DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the reply brief received from Appellant Mr. John Doe because it was filed prematurely. [17-30864] (LEF)
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                                                    Blank  Filed: 2/9/2018, Entered: None Unknown Document Type
                                                    APPEARANCE FORM FILED by Attorney Christine Marie Calogero for Appellee Black Lives Matter Network, Incorporated in 17-30864 [17-30864] (LEF)
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                                                      Legal Document (Payment Possibly Required) 00504342924 Filed: 2/9/2018, Entered: None Unknown Document Type
                                                      APPEARANCE FORM received from Ms. Christine Marie Calogero for Black Lives Matter Network, Incorporated for the court's review. Lead Counsel? Yes. [17-30864] (Christine Marie Calogero )
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                                                        Legal Document (Payment Possibly Required) 00504342881 Filed: 2/9/2018, Entered: None Unknown Document Type
                                                        Attorney Ms. Christine Marie Calogero for Appellees Black Lives Matter Network, Incorporated and Black Lives Matter Network, Incorporated is advised to resubmit an appearance form. Reason: No signature on appearance form. [17-30864] (BPL)
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                                                          Blank  Filed: 2/7/2018, Entered: None Unknown Document Type
                                                          Paper copies of Record Excerpts filed by Appellee Mr. Deray McKesson in 17-30864 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [17-30864] (LEF)
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                                                            Blank  Filed: 2/7/2018, Entered: None Unknown Document Type
                                                            Paper copies of Appellee Brief filed by Appellee Mr. Deray McKesson in 17-30864 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [17-30864] (LEF)
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                                                              Legal Document (Payment Possibly Required) 00504340901 Filed: 2/7/2018, Entered: None Unknown Document Type
                                                              APPEARANCE FORM received from Ms. Christine Marie Calogero for Black Lives Matter Network, Incorporated for the court's review. Lead Counsel? Yes. [17-30864] (Christine Marie Calogero )
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                                                                Legal Document (Payment Possibly Required) 00504340722 Filed: 2/7/2018, Entered: None Unknown Document Type
                                                                Attorney Ms. Christine Marie Calogero for Appellees Black Lives Matter Network, Incorporated and Black Lives Matter Network, Incorporated is advised to resubmit an appearance form. Reason: Counsel failed to complete the lower portion of the form (specifically questions B(2) and (3). [17-30864] (LBM)
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                                                                  Legal Document (Payment Possibly Required) 00504339645 Filed: 2/7/2018, Entered: None Unknown Document Type
                                                                  APPEARANCE FORM received from Ms. Christine Marie Calogero for Black Lives Matter Network, Incorporated for the court's review. Lead Counsel? Yes. [17-30864] (Christine Marie Calogero )
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                                                                    Legal Document (Payment Possibly Required) 00504333053 Filed: 2/1/2018, Entered: None Unknown Document Type
                                                                    RECORD EXCERPTS FILED. # of Copies Provided: 0 Paper Copies of Record Excerpts due on 02/12/2018 for Appellee Deray McKesson. [17-30864]
                                                                    REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellee Mr. Deray McKesson. Date of service: 02/01/2018 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (William P. Gibbens )
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                                                                      Legal Document (Payment Possibly Required) 00504333050 Filed: 2/1/2018, Entered: None Unknown Document Type
                                                                      APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied. Paper Copies of Brief due on 02/12/2018 for Appellee Deray McKesson. [17-30864]
                                                                      REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S MEMORANDUM BRIEF FILED by Mr. Deray McKesson. Date of service: 02/01/2018 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (William P. Gibbens )
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                                                                        Blank  Filed: 1/26/2018, Entered: None Unknown Document Type
                                                                        Paper copies of Record Excerpts filed by Appellant Mr. John Doe in 17-30864 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [17-30864] (LEF)
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                                                                          Blank  Filed: 1/22/2018, Entered: None Unknown Document Type
                                                                          Paper copies of Appellant Brief filed by Appellant Mr. John Doe in 17-30864 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [17-30864] (CAS)
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                                                                            Legal Document (Payment Possibly Required) 00504313234 Filed: 1/19/2018, Entered: None Unknown Document Type
                                                                            PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. John Doe in 17-30864 [8680164-2] Date of service: 01/19/2018 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (Donna Unkel Grodner )
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                                                                              Legal Document (Payment Possibly Required) 00504308450 Filed: 1/16/2018, Entered: None Unknown Document Type
                                                                              SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 01/29/2018 for Appellant John Doe. [17-30864]
                                                                              REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require the citation pages for tabs 5 and 6 must match the citation pages on the documents. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Record Excerpts due on 01/31/2018 for Appellant John Doe [17-30864] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. John Doe. Date of service: 01/16/2018 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (Donna Unkel Grodner )
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                                                                                Legal Document (Payment Possibly Required) 00504308438 Filed: 1/16/2018, Entered: None Unknown Document Type
                                                                                APPELLANT'S BRIEF FILED # of Copies Provided: 0
                                                                                A/Pet's Brief deadline satisfied. Appellee's Brief due on 02/15/2018 for Appellees Black Lives Matter Network, Incorporated and Deray McKesson. Paper Copies of Brief due on 01/22/2018 for Appellant John Doe. [17-30864]
                                                                                REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. John Doe. Date of service: 01/16/2018 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (Donna Unkel Grodner )
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                                                                                  Legal Document (Payment Possibly Required) 00504262379 Filed: 12/6/2017, Entered: None Unknown Document Type
                                                                                  BRIEFING NOTICE ISSUED A/Pet's Brief Due on 01/16/2018 for Appellant John Doe. [17-30864] (MRB)
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                                                                                    Blank  Filed: 12/6/2017, Entered: None Unknown Document Type
                                                                                    ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [17-30864] (MRB)
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                                                                                      Blank  Filed: 11/29/2017, Entered: None Unknown Document Type
                                                                                      ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 3:16-CV-742. Electronic ROA due on 12/14/2017. [17-30864] (SEP)
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                                                                                        Legal Document (Payment Possibly Required) 00504253015 Filed: 11/29/2017, Entered: None Unknown Document Type
                                                                                        TRANSCRIPT ORDER received from Appellant Mr. John Doe advising transcript unnecessary for appeal purposes. [17-30864] (SEP)
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                                                                                          Legal Document (Payment Possibly Required) 00504253006 Filed: 11/29/2017, Entered: None Unknown Document Type
                                                                                          CLERK ORDER granting motion to reopen case filed by Appellant Mr. John Doe. [8645571-2] [17-30864] (SEP)
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                                                                                            Legal Document (Payment Possibly Required) 00504248697 Filed: 11/27/2017, Entered: None Unknown Document Type
                                                                                            OPPOSED MOTION to reopen case. [8645571-2] Default Remedied. Date of service: 11/27/2017. [17-30864]
                                                                                            REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellant Mr. John Doe for reconsideration of the Order dated 11/27/2017 [8645571-2]. Date of service: 11/27/2017 via email - Attorney for Appellant: Grodner; Attorney for Appellees: Calogero, Gibbens [17-30864] (Donna Unkel Grodner )
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                                                                                              Legal Document (Payment Possibly Required) 00504248130 Filed: 11/22/2017, Entered: None Unknown Document Type
                                                                                              DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Motion to Reinstate and Transcript Order received from Appellant Mr. John Doe because the incorrect filing event was used. Counsel should re-file as a motion to reinstate and upload both the motion and the proposed transcript order form. [17-30864] (AGL)
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                                                                                                Legal Document (Payment Possibly Required) 00504244720 Filed: 11/21/2017, Entered: None Unknown Document Type
                                                                                                CLERK ORDER dismissing appeal pursuant to 5th Circuit Rule 42 for failure to order transcript and make financial arrangements with court reporter. [8643324-2] [17-30864] (SEP)
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                                                                                                  Blank  Filed: 11/1/2017, Entered: None Unknown Document Type
                                                                                                  APPEARANCE FORM FILED by Attorney Donna Unkel Grodner for Appellant John Doe in 17-30864 [17-30864] (RLL)
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                                                                                                    Blank  Filed: 11/1/2017, Entered: None Unknown Document Type
                                                                                                    APPEARANCE FORM FILED by Attorney William P. Gibbens for Appellee Deray McKesson in 17-30864 [17-30864] (RLL)
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                                                                                                      Legal Document (Payment Possibly Required) 00504218611 Filed: 10/31/2017, Entered: None Unknown Document Type
                                                                                                      APPEARANCE FORM received from Mrs. Donna Unkel Grodner, Esq. for Mr. John Doe for the court's review. Lead Counsel? Yes. [17-30864] (Donna Unkel Grodner )
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                                                                                                        Legal Document (Payment Possibly Required) 00504218371 Filed: 10/31/2017, Entered: None Unknown Document Type
                                                                                                        INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [8626960-2] Initial AA Check Due satisfied. Transcript order due on 11/15/2017 for Appellant John Doe [17-30864] (MAS)
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                                                                                                          Legal Document (Payment Possibly Required) 00504217331 Filed: 10/31/2017, Entered: None Unknown Document Type
                                                                                                          APPEARANCE FORM received from Mr. William P. Gibbens, Esq. for Mr. Deray McKesson for the court's review. Lead Counsel? Yes. [17-30864] (William P. Gibbens )
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                                                                                                            Blank  Filed: 10/26/2017, Entered: None Unknown Document Type
                                                                                                            FEE PAID by Appellant Mr. John Doe. [17-30864] (MAS)
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                                                                                                              Legal Document (Payment Possibly Required) 00504212504 Filed: 10/26/2017, Entered: None Unknown Document Type
                                                                                                              PRIVATE CIVIL DIVERSITY CASE docketed. NOA filed by Appellant Mr. John Doe [17-30864] (MAS)
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