Grisham v. Valenciano, 22-50915 - CourtListener.com (2024)

CIVIL RIGHTS CASE docketed. NOA filed by Appellants Mr. James Everard and Mr. Christopher Grisham [22-50915] (LEF) [Entered: 10/17/2022 10:54 AM]

INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied.. Fee due on 11/02/2022 for Appellants James Everard and Christopher Grisham. Transcript order due on 11/02/2022 for Appellants James Everard and Christopher Grisham [22-50915] (CCR) [Entered: 10/18/2022 11:33 AM]

APPEARANCE FORM received from Mr. Brandon Grable for Mr. James Everard and Mr. Christopher Grisham for the court's review. Lead Counsel? Yes. [22-50915] (Brandon Grable ) [Entered: 11/01/2022 05:03 PM]

APPEARANCE FORM FILED by Attorney Brandon Grable for Appellant James Everard in 22-50915, Attorney Brandon Grable for Appellant Christopher Grisham in 22-50915 [22-50915] (CAS) [Entered: 11/02/2022 10:31 AM]

LETTER filed Notice of Unavailability. [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellants Mr. James Everard and Mr. Christopher Grisham Date of Service: 11/02/2022 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 11/02/2022 11:29 AM]

TRANSCRIPT ORDER received advising transcript unnecessary for appeal purposes. Transcript Order ddl satisfied [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants Mr. James Everard and Mr. Christopher Grisham advising transcript unnecessary for appeal purposes. Date of Service: 11/07/2022 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 11/07/2022 08:24 AM]

FEE PAID by Appellants Mr. James Everard and Mr. Christopher Grisham. Fee deadline satisfied [22-50915] (CAS) [Entered: 11/07/2022 03:51 PM]

ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 5:20-CV-387. Electronic ROA due on 11/22/2022. [22-50915] (CAS) [Entered: 11/07/2022 03:52 PM]

ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? Yes Electronic ROA deadline satisfied. [22-50915] (DDL) [Entered: 11/23/2022 02:42 PM]

BRIEFING NOTICE ISSUED A/Pet's Brief Due on 01/03/2023 for Appellants James Everard and Christopher Grisham. [22-50915] (DDL) [Entered: 11/23/2022 02:42 PM]

UNOPPOSED MOTION filed by Appellees City of Olmos Park, Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano and Honorable A. Viera to view and obtain sealed document. Date of service: 12/09/2022 [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellants Mr. James Everard and Mr. Christopher Grisham to view and obtain sealed document, to unseal motion, to unseal document. Date of service: 12/09/2022 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 12/09/2022 02:57 PM]

APPEARANCE FORM received from Mr. Patrick C. Bernal, Esq. for City of Olmos Park, Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano and Honorable A. Viera for the court's review. Lead Counsel? Yes. [22-50915] (Patrick C. Bernal ) [Entered: 12/12/2022 03:24 PM]

APPEARANCE FORM FILED by Attorney Patrick C. Bernal for Appellee City of Olmos Park in 22-50915, Attorney Patrick C. Bernal for Appellee A. Viera in 22-50915, Attorney Patrick C. Bernal for Appellee Hector Ruiz in 22-50915, Attorney Patrick C. Bernal for Appellee J. Lopez in 22-50915, Attorney Patrick C. Bernal for Appellee Rene Valenciano in 22-50915 [22-50915] (CAS) [Entered: 12/12/2022 03:58 PM]

UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellants Mr. James Everard and Mr. Christopher Grisham for filing Appellants' Brief until 02/02/2023 [22-50915] (Brandon Grable ) [Entered: 12/15/2022 08:42 AM]

EXTENSION RECEIVED for Appellants Mr. James Everard and Mr. Christopher Grisham. Extension Granted to and including 02/02/2023. A/Pet's Brief deadline updated to 02/02/2023 for Appellants James Everard and Christopher Grisham [22-50915] (CAS) [Entered: 12/15/2022 09:11 AM]

COURT ORDER granting Motion to view and obtain sealed document filed by Appellees Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano, Honorable A. Viera, City of Olmos Park and Appellants Mr. Christopher Grisham and Mr. James Everard [15] [22-50915] (RAJ) [Entered: 12/22/2022 02:04 PM]

UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellants Mr. James Everard and Mr. Christopher Grisham for filing Appellants' Brief until 03/03/2023 [22-50915] (Brandon Grable ) [Entered: 01/12/2023 12:14 PM]

EXTENSION RECEIVED for Appellants Mr. James Everard and Mr. Christopher Grisham. Extension Denied Reason: Requesting Beyond a Level 1 Extension (30 days). [22-50915] (CAS) [Entered: 01/12/2023 01:49 PM]

UNOPPOSED MOTION to supplement the record on appeal with documents already in the district court [30], to suspend briefing notice dated 11/23/2022 [30]. Date of service: 01/24/2023 [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellants Mr. James Everard and Mr. Christopher Grisham to supplement the record on appeal with To supplement the record with the full and proper SEALED record with the 17 exhibits explained in motion. [30]. Date of service: 01/24/2023 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 01/24/2023 08:43 AM]

UNOPPOSED MOTION filed by Appellants Mr. James Everard and Mr. Christopher Grisham to extend time to file brief as appellant until 03/02/2023 [38]. Date of service: 02/02/2023 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 02/02/2023 12:10 PM]

COURT ORDER granting Motion to supplement the record on appeal filed by Appellants Mr. Christopher Grisham and Mr. James Everard [30]; granting Motion to suspend briefing notice filed by Appellants Mr. Christopher Grisham and Mr. James Everard [30] A/Pet's Brief deadline canceled. [22-50915] (CAS) [Entered: 02/02/2023 03:22 PM]

SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 5:20-CV-387. Electronic ROA due on 02/17/2023. [22-50915] (CAS) [Entered: 02/02/2023 03:32 PM]

DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the motion for extension of time because a motion to suspend briefing has been granted [22-50915] (CAS) [Entered: 02/03/2023 08:58 AM]

SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL FILED. Electronic ROA deadline satisfied. [22-50915] (DDL) [Entered: 02/13/2023 03:49 PM]

BRIEFING RESUMED. A/Pet's Brief Due on 03/15/2023 for Appellants James Everard and Christopher Grisham. [22-50915] (DDL) [Entered: 02/13/2023 03:51 PM]

SUFFICIENT CORRECTED APPELLANT'S BRIEF FILED Sufficient Brief deadline satisfied [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED Brief NOT Sufficient as it requires a cover w/ Corrected Caption. Additionally the Brief requires corrected signature at conclusion, record excerpts to be filed in PDF. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Record Excerpts due on 03/30/2023 for Appellants James Everard and Christopher Grisham. Sufficient Brief due on 03/30/2023 for Appellants James Everard and Christopher Grisham.. Appellee's Brief due on 04/14/2023 for Appellees City of Olmos Park, J. Lopez, Hector Ruiz, Rene Valenciano and A. Viera [22-50915] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. James Everard and Mr. Christopher Grisham. Date of service: 03/15/2023 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 03/15/2023 05:23 PM]

PROPOSED SUFFICIENT BRIEF filed by Appellants Mr. Christopher Grisham and Mr. James Everard in 22-50915 [48] Brief has been deemed insufficient. Additional corrections required: letter requesting to file a corrected brief required, as additional corrections made. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief deadline satisfied. Sufficient Brief deadline updated to 04/12/2023 for Appellants James Everard and Christopher Grisham [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PROPOSED SUFFICIENT BRIEF filed by Appellants Mr. James Everard and Mr. Christopher Grisham [48] Date of service: 03/29/2023 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 03/29/2023 04:51 PM]

DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the letter regarding corrections made to the brief and unfiled copy of record excerpts received from Appellants Mr. James Everard and Mr. Christopher Grisham because the wrong letter filed event was used and the corrected brief should be uploaded with the letter. [22-50915] (CAS) [Entered: 03/30/2023 08:56 AM]

RECORD EXCERPTS FILED. # of Copies Provided: 0 Record Excerpts deadline satisfied [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Mr. James Everard and Mr. Christopher Grisham. Date of service: 03/30/2023 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 03/30/2023 09:54 AM]

LETTER filed by Appellants Mr. James Everard and Mr. Christopher Grisham Letter to the Court to Substitute Brief. Date of Service: 03/30/2023 via email - Attorney for Appellee: Bernal; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 03/30/2023 10:49 AM]

UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees City of Olmos Park, Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano and Honorable A. Viera for filing Appellees' Unopposed Motion to Extend Time to File Brief until 05/15/2023 [22-50915] (Patrick C. Bernal ) [Entered: 04/11/2023 11:16 AM]

EXTENSION RECEIVED for Appellees City of Olmos Park, Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano and Honorable A. Viera. Extension Granted to and including 05/15/2023. E/Res's Brief deadline updated to 05/15/2023 for Appellees City of Olmos Park, J. Lopez, Hector Ruiz, Rene Valenciano and A. Viera [22-50915] (CAS) [Entered: 04/11/2023 01:57 PM]

APPEARANCE FORM for the court's review. Lead Counsel? No. [22-50915] (Adolfo Ruiz ) [Entered: 04/20/2023 11:43 AM]

APPEARANCE FORM FILED by Attorney(s) Adolfo Ruiz for party(s) Appellee A. Viera Appellee City of Olmos Park Appellee Hector Ruiz Appellee J. Lopez Appellee Rene Valenciano, in case 22-50915 [22-50915] (CAS) [Entered: 04/20/2023 05:35 PM]

SUFFICIENT APPELLEE'S BRIEF FILED # of Copies Provided: 0 Sufficient Brief deadline satisfied [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED Brief NOT Sufficient as it requires a cover w/ corrected Caption. 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 05/31/2023 for Appellees City of Olmos Park, J. Lopez, Hector Ruiz, Rene Valenciano and A. Viera.. Reply Brief due on 06/05/2023 for Appellants James Everard and Christopher Grisham [22-50915] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by City of Olmos Park, Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano and Honorable A. Viera. Date of service: 05/15/2023 via email - Attorney for Appellees: Bernal, Ruiz; Attorney for Appellant: Grable [22-50915] (Patrick C. Bernal ) [Entered: 05/15/2023 05:29 PM]

PROPOSED SUFFICIENT BRIEF filed by Appellees City of Olmos Park, Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano and Honorable A. Viera [61] Date of service: 05/18/2023 via email - Attorney for Appellees: Bernal, Ruiz; Attorney for Appellant: Grable [22-50915] (Patrick C. Bernal ) [Entered: 05/18/2023 08:11 AM]

APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied [22-50915]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. James Everard and Mr. Christopher Grisham. Date of service: 06/05/2023 via email - Attorney for Appellees: Bernal, Ruiz; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 06/05/2023 05:18 PM]

PAPER COPIES REQUESTED for the Appellant Brief filed by Appellants Mr. Christopher Grisham and Mr. James Everard in 22-50915 [48], Record Excerpts filed by Appellants Mr. Christopher Grisham and Mr. James Everard in 22-50915 [53], Appellant Reply Brief filed by Appellants Mr. Christopher Grisham and Mr. James Everard in 22-50915 [63], Appellee Brief filed by Appellees Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano, Honorable A. Viera and City of Olmos Park in 22-50915 [61]. Paper Copies of Brief due on 08/01/2023 for Appellees City of Olmos Park, J. Lopez, Hector Ruiz, Rene Valenciano and A. Viera and Appellants James Everard and Christopher Grisham.. Paper Copies of Record Excerpts due on 08/01/2023 for Appellants James Everard and Christopher Grisham. [22-50915] (PFT) [Entered: 07/27/2023 09:32 AM]

Paper copies of Appellee Brief filed by Appellees Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano, Honorable A. Viera and City of Olmos Park in 22-50915 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [22-50915] (KMP) [Entered: 07/28/2023 12:10 PM]

CASE TENTATIVELY calendared for oral argument for the week of 10/02/2023. [22-50915] (PFT) [Entered: 07/31/2023 12:54 PM]

Paper copies of Appellant Brief filed by Appellants Mr. Christopher Grisham and Mr. James Everard in 22-50915 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [22-50915] (KMP) [Entered: 08/01/2023 01:24 PM]

Paper copies of Record Excerpts filed by Appellants Mr. Christopher Grisham and Mr. James Everard in 22-50915 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [22-50915] (KMP) [Entered: 08/01/2023 01:24 PM]

Paper copies of Appellant Reply Brief filed by Appellants Mr. Christopher Grisham and Mr. James Everard in 22-50915 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [22-50915] (KMP) [Entered: 08/01/2023 01:25 PM]

CASE CALENDARED for oral argument on Tuesday, 10/03/2023 in New Orleans in the En Banc Courtroom -- AM session. The courtroom deputy assigned to your case is Shirley M. Engelhardt. See the letter attached for full contact information.. [22-50915] SESSION 13 (SME) [Entered: 08/22/2023 12:43 PM]

ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Brandon Grable for Appellants Mr. James Everard and Mr. Christopher Grisham [22-50915] (Brandon Grable ) [Entered: 08/22/2023 02:50 PM]

ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Adolfo Ruiz for Appellees City of Olmos Park, Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano and Honorable A. Viera [22-50915] (Adolfo Ruiz ) [Entered: 09/14/2023 05:17 PM]

ORAL ARGUMENT HEARD before Judges Stewart, Dennis, Wilson. Arguing Person Information Updated for: Brandon Grable arguing for Appellant James Everard; Arguing Person Information Updated for: Adolfo Ruiz arguing for Appellee City of Olmos Park, Appellee J. Lopez, Appellee Hector Ruiz, Appellee Rene Valenciano [22-50915] (SME) [Entered: 10/03/2023 09:17 AM]

SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellees City of Olmos Park, Mr. J. Lopez, Mr. Hector Ruiz, Mr. Rene Valenciano and Honorable A. Viera Date of Service: 10/04/2023 via email - Attorney for Appellees: Bernal, Ruiz; Attorney for Appellant: Grable [22-50915] (Adolfo Ruiz ) [Entered: 10/04/2023 03:41 PM]

PUBLISHED OPINION FILED. [22-50915 Affirmed ] Judge: CES, Judge: JLD, Judge: CTW Mandate issue date is 03/19/2024 [22-50915] (CAS) [Entered: 02/26/2024 02:58 PM]

JUDGMENT ENTERED AND FILED. Costs Taxed Against: appellants. [22-50915] (CAS) [Entered: 02/26/2024 03:02 PM]

PETITION filed by Appellants Mr. James Everard and Mr. Christopher Grisham for rehearing en banc [91]. Date of Service: 03/11/2024 via email - Attorney for Appellees: Bernal, Ruiz; Attorney for Appellant: Grable [22-50915] (Brandon Grable ) [Entered: 03/11/2024 09:34 AM]

COURT ORDER denying Petition for rehearing en banc filed by Appellants Mr. Christopher Grisham and Mr. James Everard [91] Without Poll. Mandate issue date is 04/01/2024 [94] [22-50915] (LEF) [Entered: 03/22/2024 08:15 AM]