04/22/2019
3 pg, 74.67 KB
PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Ms. Joanna Burke and Mr. John Burke [19-20267] (CSG) [Entered: 04/22/2019 01:34 PM]
04/22/2019
1 pg, 127.77 KB
COURT REPORTER ACKNOWLEDGMENT received from Ebonee Mathis. [19-20267] (Ebonee S. Mathis ) [Entered: 04/22/2019 02:54 PM]
05/02/2019
FEE PAID by Appellants Ms. Joanna Burke and Mr. John Burke. [19-20267] (CSG) [Entered: 05/02/2019 02:14 PM]
05/02/2019
4 pg, 208.46 KB
INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9043617-2] Initial AA Check Due satisfied.. Transcript order due on 05/17/2019 for Appellants Joanna Burke and John Burke [19-20267] (CSG) [Entered: 05/02/2019 02:20 PM]
05/03/2019
1 pg, 59.74 KB
APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [19-20267] (Mark D. Hopkins ) [Entered: 05/03/2019 11:23 AM]
05/03/2019
1 pg, 59.95 KB
APPEARANCE FORM received from Ms. Shelley Luan Hopkins for Ocwen Loan Servicing, L.L.C. for the court’s review. Lead Counsel? No. [19-20267] (Shelley Luan Hopkins ) [Entered: 05/03/2019 11:26 AM]
05/03/2019
APPEARANCE FORM FILED by Attorney Shelley Luan Hopkins for Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 [19-20267] (DMS) [Entered: 05/03/2019 02:59 PM]
05/03/2019
APPEARANCE FORM FILED by Attorney(s) Mark D. Hopkins for party(s) Appellee Ocwen Loan Servicing, L.L.C., in case 19-20267 [19-20267] (DMS) [Entered: 05/03/2019 03:00 PM]
05/08/2019
7 pg, 211.67 KB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for leave to file electronically as a pro se party [9048328-2]. Date of service: 05/06/2019 Document is insufficient for the following reasons: Did not conference with the opposing side and the motion does not have a certificate of compliance. Sufficient Mtn/Resp/Reply due on 05/20/2019 for Appellants Joanna Burke and John Burke [19-20267] (DMS) [Entered: 05/08/2019 03:10 PM]
05/08/2019
6 pg, 155.52 KB
LETTER OF ADVISEMENT. Reason: Advising appellants they must file a transcript order form as stated in our letter of 5/2/2019. If one is not filed, the case will be dismissed for want of prosecution. [19-20267] (DMS) [Entered: 05/08/2019 03:20 PM]
05/14/2019
3 pg, 171.25 KB
TRANSCRIPT ORDER received from Appellants Ms. Joanna Burke and Mr. John Burke. DETAILS: Transcript Order: Court Reporter: Ebonee S. Mathis, Proceeding Type and Date: Hearing 02/06/2019. Transcript Order ddl satisfied. [19-20267] (DMS) [Entered: 05/14/2019 12:30 PM]
05/14/2019
ACKNOWLEDGMENT Transcript Order: Court Reporter: Ebonee S. Mathis, Est. Completion Dt: 05/17/2019, Dt. Fin Arrangements Made: 04/19/2019, Dt. Trans. to be Filed: 05/17/2019, Proceeding Type and Date: Hearing 02/06/2019. Transcript Due/Court Reporter Discount Date is 05/17/2019 for Ebonee S. Mathis, Court Reporter [19-20267] (DMS) [Entered: 05/14/2019 12:31 PM]
05/28/2019
TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Ebonee S. Mathis, Dt. Filed in Dist. Ct: 05/17/2019 Transcript Due/Court Reporter Discount Date canceled [19-20267] (DMS) [Entered: 05/28/2019 07:28 AM]
05/28/2019
ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 4:18-CV-4544. Electronic ROA due on 06/03/2019. [19-20267] (DMS) [Entered: 05/28/2019 07:28 AM]
05/30/2019
1 pg, 78.23 KB
CLERK ORDER granting appellants’ Motion for leave for pro se to file electronically filed by Appellants Ms. Joanna Burke and Mr. John Burke [9048328-2 ] [19-20267] (DMS) [Entered: 05/30/2019 10:58 AM]
06/05/2019
ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [19-20267] (PAC) [Entered: 06/05/2019 01:31 PM]
06/05/2019
4 pg, 126.08 KB
BRIEFING NOTICE ISSUED A/Pet’s Brief Due on 07/15/2019 for Appellants Joanna Burke and John Burke. [19-20267] (PAC) [Entered: 06/05/2019 01:31 PM]
07/14/2019
81 pg, 822.22 KB
SUFFICIENT APPELLANT’S BRIEF FILED # of Copies Provided: 0
Sufficient Brief deadline satisfied. Paper Copies of Brief due on 07/30/2019 for Appellants Joanna Burke and John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED 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. Sufficient Brief due on 07/29/2019 for Appellants Joanna Burke and John Burke.. Record Excerpts due on 07/29/2019 for Appellants Joanna Burke and John Burke. Appellee’s Brief due on 08/13/2019 for Appellee Ocwen Loan Servicing, L.L.C. [19-20267] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 07/14/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/14/2019 02:50 PM]
07/14/2019
1 pg, 256.93 KB
APPEARANCE FORM received from Mr. John Burke for the court’s review. Lead Counsel? Yes. [19-20267] (John Burke ) [Entered: 07/14/2019 02:57 PM]
07/15/2019
1 pg, 75.34 KB
Party Mr. John Burke is advised that pro se parties do not file appearance forms. [19-20267] (LBM) [Entered: 07/15/2019 09:46 AM]
07/17/2019
78 pg, 745 KB
PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke in 19-20267 [9096817-2 ] Brief has been deemed insufficient. Corrections required: Caption to be corrected, table of authorities to be added to the table of content, identify the standard of review, incorrect ROA nimber on page 28. 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 08/02/2019 for Appellants Joanna Burke and John Burke [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke [9096817-2 ] Date of service: 07/17/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/17/2019 10:21 AM]
07/17/2019
48 pg, 2.22 MB
SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 07/30/2019 for Appellants Joanna Burke and John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require caption to be corrected, all documents in the table of content to have ROA numbers. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Record Excerpts deadline satisfied. Sufficient Record Excerpts due on 08/02/2019 for Appellants Joanna Burke and John Burke [19-20267] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. John Burke. Date of service: 07/17/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/17/2019 10:23 AM]
07/23/2019
78 pg, 631.69 KB
PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke [9096817-2 ] Date of service: 07/23/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/23/2019 04:49 PM]
07/23/2019
43 pg, 2.03 MB
PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. John Burke [9099430-2 ] Date of service: 07/23/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/23/2019 04:51 PM]
07/25/2019
4 pg, 74.09 KB
LEVEL 1 EXTENSION REQUESTED by Appellee Ocwen Loan Servicing, L.L.C. for filing Brief of Appellee until 08/28/2019 [19-20267] (Shelley Luan Hopkins ) [Entered: 07/25/2019 03:49 PM]
07/25/2019
9 pg, 478.94 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Supplemental Appendix received from Appellants Ms. Joanna Burke and Mr. John Burke because Must file a motion to supplement the record on appeal with these documents. Filed incorrectly on our docket. [19-20267] (DMS) [Entered: 07/25/2019 03:52 PM]
07/26/2019
9 pg, 385.34 KB
MOTION filed by Appellant Mr. John Burke to supplement the record on appeal with With evidence of the emails between the Court Reporter, SDTX Staff and Joanna Burke as identified on pages 57 of the Burkes Brief [9106497-2]. Date of service: 07/26/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/26/2019 01:31 AM]
07/26/2019
EXTENSION RECEIVED for Appellee Ocwen Loan Servicing, L.L.C.. Extension Denied Reason: Motion Required. Must filed using the motion filed event not the ecf ext rqst event. [19-20267] (DMS) [Entered: 07/26/2019 07:55 AM]
07/26/2019
4 pg, 73.99 KB
OPPOSED MOTION filed by Appellee Ocwen Loan Servicing, L.L.C. to extend time to file brief of appellee until 08/28/2019 [9106661-2]. Date of service: 07/26/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellants Burke, Burke [19-20267] (Shelley Luan Hopkins ) [Entered: 07/26/2019 09:35 AM]
07/26/2019
1 pg, 79.92 KB
CLERK ORDER granting appellee’s opposed motion to extend time to file appellee’s brief filed by Appellee Ocwen Loan Servicing, L.L.C. [9106661-2 ] Appellee’s Brief due on 08/28/2019 for Appellee Ocwen Loan Servicing, L.L.C. [19-20267] (DMS) [Entered: 07/26/2019 10:34 AM]
07/29/2019
1 pg, 78.94 KB
CLERK ORDER denying appellant’s Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9106497-2 ] [19-20267] (DMS) [Entered: 07/29/2019 08:33 AM]
07/29/2019
Paper copies of Appellant Brief filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-20267] (CMB) [Entered: 08/01/2019 12:27 PM]
07/29/2019
Paper copies of Record Excerpts filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [19-20267] (CMB) [Entered: 08/01/2019 12:37 PM]
08/28/2019
43 pg, 494.6 KB
APPELLEE’S BRIEF FILED # of Copies Provided: 0 E/Res’s Brief deadline satisfied. Reply Brief due on 09/18/2019 for Appellants Joanna Burke and John Burke. Paper Copies of Brief due on 09/03/2019 for Appellee Ocwen Loan Servicing, L.L.C.. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLEE’S BRIEF FILED by Ocwen Loan Servicing, L.L.C.. Date of service: 08/28/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke [19-20267] (Mark D. Hopkins ) [Entered: 08/28/2019 12:52 PM]
08/29/2019
6 pg, 195.19 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Extension Request received from Appellants Ms. Joanna Burke and Mr. John Burke because this document must be filed as a motion using the motion filed event and not the attorney extension request event [19-20267] (DMS) [Entered: 08/29/2019 07:56 AM]
08/29/2019
5 pg, 104.79 KB
OPPOSED MOTION filed by Appellant Mr. John Burke to extend time to file reply brief until 10/02/2019 [9132646-2]. Date of service: 08/29/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 08/29/2019 08:12 AM]
08/29/2019
1 pg, 87.9 KB
CLERK ORDER granting in part appllants’ opposed Motion to extend time to file reply brief filed by Appellant Mr. John Burke [9132646-2 ] Reply Brief deadline updated to 09/25/2019 for Appellants Joanna Burke and John Burke [19-20267] (DMS) [Entered: 08/29/2019 12:37 PM]
08/30/2019
Paper copies of Appellee Brief filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-20267] (MRW) [Entered: 08/30/2019 02:11 PM]
09/18/2019
6 pg, 193.8 KB
FED. R. APP. P. 44 Notice of Challenge to Constitutionality of Statute filed by Appellants Ms. Joanna Burke and Mr. John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: FED. R. APP. P. 44 Notice of Challenge to Constitutionality of Statute filed by Appellant Mr. John Burke. Date of Service: 09/18/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/18/2019 04:13 AM]
09/19/2019
9 pg, 125.99 KB
OPPOSED MOTION to stay further proceedings in this court for 90 days . Reason: awaiting a final rule or adjudication on the constitional challenges, to suspend briefing notice dated 06/05/2019 [9148078-3]. Date of service: 09/19/2019 Response/Opposition due on 09/30/2019. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to stay further proceedings in this court. Reason: Constitutional Challenge(s), to extend time to file reply brief until 03/18/2020 [9148078-3]. Date of service: 09/19/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/19/2019 06:46 AM]
09/25/2019
43 pg, 617.61 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Reply Brief received from Appellants Ms. Joanna Burke and Mr. John Burke because FIled incorrectly on the docket as a Rule 28(i) letter. [19-20267] (DMS) [Entered: 09/27/2019 09:43 AM]
09/27/2019
43 pg, 623.12 KB
APPELLANT’S REPLY BRIEF FILED by Ms. Joanna Burke and Mr John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied. Paper Copies of Brief due on 10/07/2019 for Appellants Joanna Burke and John Burke. [19-20267] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S REPLY BRIEF FILED by Mr. John Burke. Date of service: 09/27/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/27/2019 10:57 PM]
10/07/2019
1 pg, 90.67 KB
Paper copies of Appellant Reply Brief filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes They require: durable gray covers # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied.. Sufficient Paper Copies of Brief due on 10/15/2019 for Appellants Joanna Burke and John Burke [19-20267] (MRW) [Entered: 10/07/2019 01:31 PM]
10/11/2019
Paper copies of Reply Brief [9161773-2 ] received as sufficient. Sufficient Paper Copies of Brief due deadline satisfied. [19-20267] (DMS) [Entered: 10/18/2019 11:10 AM]
10/19/2019
8 pg, 165.47 KB
OPPOSED MOTION alternative request to stay case for a period of no less than nine (9) months, (which equates to the anticipated timeline for a decision in the Selia Law case before the US Supreme Court) [9170890-3]. Date of service: 10/19/2019 [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to stay further proceedings in this court. Reason: US Supreme Court Selia Law Case #19-7 re CFPB Constitutionality Question and Dodd-Frank Act Question. Date of service: 10/19/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 10/19/2019 08:57 PM]
10/25/2019
10 pg, 149.25 KB
RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. [9176007-1] to the Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9170890-2 ], Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9148078-2 ], Motion to suspend briefing notice filed by Appellant Mr. John Burke [9148078-3 ], Letter filed by Appellants Mr. John Burke, Ms. Joanna Burke and Mr. John Burke [9146872-2 ] Date of Service: 10/25/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267] (Mark D. Hopkins ) [Entered: 10/25/2019 01:12 PM]
10/27/2019
64 pg, 2.78 MB
OPPOSED MOTION filed by Appellant Mr. John Burke for leave to file a supplement to Response/Opposition [9176007-2 ], Letter [9146872-2 ] [9176432-2], to supplement the record on appeal with two exhibits as uploaded here [9176432-3] and INCORPORATED RESPONSE to the Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9106497-2 ] Date of service: 10/27/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 10/27/2019 07:19 PM]
10/28/2019
6 pg, 163.45 KB
REPLY filed by Appellants Ms. Joanna Burke and Mr. John Burke [9176855-1] to the Response/Opposition filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 [9176007-2 ]. Date of Service: 10/27/2019. [19-20267] (INCORPORATED IN MOTION TO SUPPLEMENT THE RECORD) (DMS) [Entered: 10/28/2019 11:24 AM]
10/28/2019
2 pg, 119.88 KB
COURT ORDER denying Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9148078-2 ]; denying Motion to suspend briefing notice filed by Appellant Mr. John Burke [9148078-3 ] [19-20267] (AS) [Entered: 10/28/2019 12:29 PM]
10/28/2019
1 pg, 78.51 KB
CLERK ORDER denying appellant’s opposed Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9176432-3 ] [19-20267] (DMS) [Entered: 10/28/2019 02:01 PM]
11/07/2019
11 pg, 264.69 KB
OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 10/28/2019 [9185202-2]. Date of service: 11/07/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 11/07/2019 11:07 AM]
11/10/2019
7 pg, 312.79 KB
OPPOSED MOTION filed by Appellant Ms. Joanna Burke for reconsideration of the 10/28/2019 clerk order denying Motion to supplement the record on appeal filed by Appellants in 19-20267 [9176432-3 ] [9186922-2]. Date of service: 11/10/2019 [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 10/28/2019 [9186922-2]. Date of service: 11/10/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 11/10/2019 01:42 PM]
11/13/2019
2 pg, 103.34 KB
COURT ORDER – A member of this panel previously denied appellants’ opposed motion to stay case in Fifth Circuit awaiting a final rule or adjudication on the constitutional challenges. The panel has considered appellants’ motion for reconsideration. IT IS ORDERED that the motion is DENIED.
[9185202-2 ] [19-20267] (JMW) [Entered: 11/13/2019 03:10 PM]
11/13/2019
11 pg, 746.24 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion entitled, “Appellants motion for reconsideration RE Constitutional Challenges” received from Appellants Ms. Joanna Burke and Mr. John Burke in light of the 11/13/19 court order already denying a motion for reconsideration, as to that prior motion [19-20267] (JMW) [Entered: 11/15/2019 09:26 AM]
11/14/2019
7 pg, 339.56 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the entitled, “Appellants notice regarding attorney general Barr’s constitutional…..”, which was filed as a motion for clarification of an order dated 11/13/19, received from Appellants Ms. Joanna Burke and Mr. John Burke because the document is not requesting any relief. It indicates it is a “notice”. The event will be deleted. [19-20267] (JMW) [Entered: 11/15/2019 10:38 AM]
11/15/2019
2 pg, 117.11 KB
COURT ORDER – IT IS ORDERED that appellant’s opposed motion to stay the case until the matter of the CFPB’s Constitutionality is answered by the United States Supreme Court is DENIED AS MOOT. IT IS FURTHER ORDERED that appellants’ opposed alternative request to stay the case for period of no less than nine (9) months, (which equates to the anticipated timeline for a decision in the Selia Law case before the United States Supreme Court) is DENIED AS MOOT. [9170890-2 ]; [9170890-3 ] [19-20267] (JMW) [Entered: 11/15/2019 09:06 AM]
11/17/2019
21 pg, 278.38 KB
OPPOSED MOTION filed by Appellant Ms. Joanna Burke and Mr. John Burke for reconsideration of the 11/15/2019 court order denying Motion to stay further proceedings in this court filed by Appellant Mr. John Burke in 19-20267 [9148078-2 ], Motion to suspend briefing notice filed by Appellant Mr. John Burke in 19-20267 [9148078-3 ] [9191242-2]. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 11/15/2019 [9191242-2]. Date of service: 11/17/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 11/17/2019 09:27 PM]
11/18/2019
2 pg, 118.51 KB
COURT ORDER filed: On October 28, 2019, the clerk denied pro se appellants’ opposed motion to supplement the record with a pleading and exhibits. Upon consideration of pro se appellants’ motion for reconsideration, IT IS ORDERED that the motion is DENIED. [9186922-2 ] [19-20267] (DMS) [Entered: 11/18/2019 02:21 PM]
12/19/2019
2 pg, 85.38 KB
COURT ORDER FILED: A member of this panel previously denied appellants’ opposed motion for reconsideration of appellants’ opposed motion to stay the case until the matter of the CFPB’s Constitutionality is answered by the United States Supreme Court and appellants’ opposed alternative request to stay the case for period of no less than (9) months. The panel has considered appellants’ opposed motion for reconsideration. IT IS ORDERED that the motion is DENIED. [9191242-2 ] [19-20267] (DMS) [Entered: 12/19/2019 03:14 PM]
02/03/2020
509 pg, 18.21 MB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Brief and Record Excerpts received from Appellants Ms. Joanna Burke and Mr. John Burke because The brief and record excerpts are entitled In the US Court of Appeals for the Eleventh Circuit. The case number on both documents is 19-13015, with a lower court number 9:17-CV-80495. [19-20267] (DMS) [Entered: 02/06/2020 12:05 PM]
02/10/2020
3 pg, 132.17 KB
LETTER filed by Appellant Mr. John Burke Date of Service: 02/10/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 02/10/2020 09:10 AM]
07/05/2020
17 pg, 282.51 KB
OPPOSED MOTION filed by Appellant Mr. John Burke to stay the case 5cca; or stay case for a period of no less than 4 months [9348363-2]. Date of service: 07/05/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/05/2020 09:23 PM]
07/06/2020
77 pg, 1.09 MB
EXHIBITS IN SUPPORT of opposed motion to stay further proceedings in this court….. [9348363-2 ] filed by Appellants Ms. Joanna Burke and Mr. John Burke [19-20267] (JMW) [Entered: 07/07/2020 10:29 AM]
07/08/2020
3 pg, 117 KB
COURT ORDER denying opposed motion to stay the case in this court filed by pro se appellants; denying the alternative opposed motion of pro se appellants to stay the case for a period of no less than 4 months [9348363-2 ] [19-20267] (JMW) [Entered: 07/08/2020 08:28 AM]
09/04/2020
22 pg, 1 MB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for judicial notice [9394044-2]. Date of service: 09/04/2020 [19-20267] (CAG) [Entered: 09/08/2020 08:59 AM]
03/30/2021
13 pg, 225.24 KB
UNPUBLISHED OPINION FILED. [19-20267; 20-20209 Affirmed] Judge: PRO, Judge: WED, Judge: JLD. Mandate issue date is 04/21/2021; denying Motion for judicial notice filed by Appellants Ms. Joanna Burke and Mr. John Burke [9394044-2 ] in 19-20267, denying Motion for judicial notice filed by Appellants Ms. Joanna Burke and Mr. John Burke [9394017-2 ] in 20-20209 [19-20267, 20-20209] (WMJ) [Entered: 03/30/2021 03:01 PM]
03/30/2021
2 pg, 74.3 KB
JUDGMENT ENTERED AND FILED. Costs Taxed Against: appellants. [19-20267, 20-20209] (WMJ) [Entered: 03/30/2021 03:06 PM]
04/13/2021
70 pg, 1.23 MB
PETITION for rehearing en banc [9549894-2] Number of Copies:0. Since it could not be determined that the filing on 05/17/2021 was not emailed, Clerk’s Office has filed the document as proposed sufficient rehearing. However, document remains insufficient for lack of copy of the Court’s opinion. Sufficient Rehearing due on 07/09/2021 for Appellants Joanna Burke and John Burke. Date of Service: 05/14/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PETITION filed by Appellant Ms. Joanna Burke in 19-20267 for rehearing en banc [9549894-2] Mandate issue date canceled.. Sufficient Rehearing due on 04/26/2021 for Appellants Joanna Burke and John Burke. Date of Service: 04/13/2021 Document is insufficient for the following reasons: case caption must match our case caption exactly; statement of facts; copy of the court’s opinion [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PETITION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for rehearing en banc [9549894-2]. Date of Service: 04/13/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 04/13/2021 07:27 PM]
04/23/2021
25 pg, 972.38 KB
OPPOSED MOTION filed by Appellant Ms. Joanna Burke in 19-20267, 20-20209 file petition in present form [9557920-2]. [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Ms. Joanna Burke in 19-20267 alternative request for extension of 10 days to make rehearing sufficient; for leave to waive requirement to file paper rehearings [9557920-2] [9549894-2 ] [9557920-4], alternative request for extension of 10 days to make rehearing sufficient; for leave to waive requirement to file paper rehearings [9557920-2]. Date of service: 04/23/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for leave to file petition in present form [9549894-2 ] [9557920-2]. Date of service: 04/23/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 04/23/2021 12:00 PM]
05/05/2021
3 pg, 127.24 KB
COURT ORDER denying motion to file Petition for Rehearing En Banc in present form, to omit the Statement of Facts requirement, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-2 ], denying as unnecessary motion to waive the paper requirement, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-3 ]; granting alternative motion to extend time to return a sufficient Petition for Rehearing En Banc 10 days from the date of this order, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-4 ] [19-20267, 20-20209] (JMW) [Entered: 05/05/2021 07:57 AM]
05/12/2021
7 pg, 229.11 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to extend the time to file a rehearing until 05/26/2021 [9572022-2]. Date of service: 05/12/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 05/12/2021 08:44 AM]
05/14/2021
8 pg, 309.14 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion for reconsideration of single judge’s order received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because the motion is premature, as the extension motion is still pending with the court [19-20267, 20-20209] (JMW) [Entered: 05/19/2021 01:50 PM]
05/17/2021
35 pg, 627.82 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Proposed sufficient rehearing en banc received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because It is a duplicative filing, as the rehearing should be emailed, not re-filed. Additionally, it still remains insufficent as it does not have a copy of the court’s opinion. [19-20267, 20-20209] (CCR) [Entered: 05/17/2021 03:52 PM]
05/28/2021
3 pg, 124.48 KB
COURT ORDER denying Motion to extend the time to file a petition for rehearing filed by Appellant Mr. John Burke [9572022-2 ] [19-20267, 20-20209] (JMW) [Entered: 05/28/2021 02:56 PM]
05/28/2021
7 pg, 231.34 KB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 for reconsideration of the 05/05/2021 court order denying Motion for authorization to omit the Statement of Facts requirement for their Petition for Rehearing En Banc filed by Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267, 20-20209 [9557920-2 ] [9585172-2]. [19-20267, 20-20209] (JMW) [Entered: 05/28/2021 03:07 PM]
06/08/2021
8 pg, 257.92 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Motion received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267, 20-20209 because A motion for reconsideration is already pending [19-20267, 20-20209] (DMS) [Entered: 06/08/2021 09:04 AM]
06/21/2021
3 pg, 138.34 KB
COURT ORDER denying Motion for reconsideration filed by Appellants Ms. Joanna Burke and Mr. John Burke [9585172-2 ] in 19-20267 [19-20267, 20-20209] (RLL) [Entered: 06/21/2021 03:33 PM]
06/28/2021
8 pg, 175.28 KB
MOTION to stay issuance of the mandate [9607360-2]. Date of service: 06/28/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to stay further proceedings in this court. Reason: US Supreme Court and this Court’s All American and Collins cases.. Date of service: 06/28/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 06/28/2021 08:36 PM]
07/01/2021
29 pg, 1.43 MB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Appellants’ Motion to Disqualify Chief Judge Owen received from Appellant Mr. John Burke in 19-20267, 20-20209 because wrong filing event used [19-20267, 20-20209] (SDH) [Entered: 07/02/2021 01:56 PM]
07/03/2021
28 pg, 1.35 MB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to disqualify Court of Appeals Judge Priscilla Owen from the case. [9611750-2]. Date of service: 07/03/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/03/2021 06:44 AM]
07/07/2021
3 pg, 147.97 KB
COURT ORDER FILED that Appellants’ opposed motion to disqualify Chief Judge Priscilla R. Owen is DENIED. [9611750-2 ] [19-20267, 20-20209] (DMS) [Entered: 07/07/2021 02:40 PM]
07/08/2021
7 pg, 200.42 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for clarification of the Order dated 06/29/2021. Date of service: 07/08/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/08/2021 10:02 AM]