A Motion to Clarify the Foxy Orders From the Fifth Circuit

By justicefortexas

Posted on July 8, 2021

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LIT COMMENTARY

JULY 8, 2021

The motion herein submitted by the Burkes is in response filings at the circuit court as discussed in LIT’s article of July 7, 2021.

So this happened today. https://t.co/OQcT6VVSTm #txlege #appellatetwitter https://t.co/Ldk6OWuG5a pic.twitter.com/ejGvusSb2j

— LawsInTexas (@lawsintexasusa) July 8, 2021

APPELLANTS’ MOTION TO CLARIFY

DENNIS, JAMES L.

Judge James L Dennis

was born January 9, 1936 (Capricorn)

Age: 85

OWEN, PRISCILLA R.

Judge Priscilla Richman Owen

was born October 4, 1954 (Libra)

Age: 66

DAVIS, W. EUGENE

Judge William Eugene Davis

was born August, 1936

Age: 84

Appellants, Joanna Burke and John Burke (“Burkes”), now file a motion to clarify the following;

BACKGROUND & ARGUMENT

On June 21, 2021 the panel comprising Chief Judge Priscilla Owen, along with Judges’ Dennis and Davis DENIED the Burkes motion for reconsideration, requesting the acceptance of the Burkes Petition for Rehearing without a “Statement of Facts”.

On June 29, 2021 this court issued a letter with two of the Burkes date-stamped Petitions; namely the original petition of April 13 and subsequent petition addressing all the original deficiencies as requested by the clerk as filed on May 17.

The letter intimates this court is now accepting the Burkes petition of May 17 and has ‘backdated’ this Petition to the April 13 event.

However, the May 17 Petition is erroneous, as it includes the following section (“Statement of Facts”) and the Burkes seek to remove the offending section and make change(s) to the Petition;

Secondly, during other correspondence with the court, the Burkes were advised by clerk Jann Wynne’s email autoresponder that she was on vacation until July 20, 2021, and so sending any filings to her email during this period could be problematic.

This court has previously experienced ‘email glitches’ with regards to the Burkes email submissions, namely non-receipt of the judicial complaint against Senior United States District Judge David Hittner, S.D. Tex.

RELIEF REQUESTED

First, the Burkes wish to;

(a) obtain a corrected judgment from this court granting the denied motion to omit the Statement of Facts and shall be filing a motion separately to request this relief;

and

(b) filing a separate motion to obtain an extension of time to resubmit their new Petition without the Statement of Facts section along with any other modification as they may wish, relying upon due process of law afforded civil litigants per the Fourteenth Amendment of the United States Constitution. The Burke will then file the new Petition for Rehearing En Banc, along with a copy of this courts’ March 30, 2021 order,

and;

(c) herein request clarification the email of any newly filed Petition and supporting 3-Panel Court Order to clerk Jann Wynne’s court email is sufficient (See letter, in part; “As previously instructed, once you have prepared your sufficient rehearing, you must email it to: Jann_Wynne@ca5.uscourts.gov for review.”) when she is on vacation until July 20, 2021 – or whether the court’s pro se email should also be copied – or another email as specified by the court to ensure receipt of any future filings as mandated.

CONCLUSION

Appellants Joanna & John Burke civilly request the relief requested herein.

DATED: July 8, 2021

Motion to Clarify (8 July, 2021)

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— LawsInTexas (@lawsintexasusa) July 8, 2021

Wild West Hired Guns Misfire: PHH ONITY’s Cooked-Up n’ Cockamamie Arguments Implode

Judge Werlein recused in July and hence ONITY’s argument is frivolous, and their motion for summary judgment violates court procedures.

Southern District Court in Houston: Addressing the Missing USPS Express Mail with Specificity

All non-attorney pro se litigants must deliver or mail filings to the Clerk’s Office, as per SD TX Guidelines for Litigants Without Lawyers.

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No Bull. Just Real News and Facts.

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5th Cir. Full Docket to 8 July 2021 (Case 19-20267 Ocwen)

General Docket
United States Court of Appeals for the Fifth Circuit

Court of Appeals Docket #: 19-20267	Docketed: 04/22/2019 Termed: 03/30/2021
Nature of Suit: 3220 Foreclosure	Docketed: 04/22/2019 Termed: 03/30/2021
Burke v. Ocwen Loan Servicing
Appeal From: Southern District of Texas, Houston
Fee Status: Fee Paid

Case Type Information:

1) Private Civil Federal

2) Private

Originating Court Information:
District: 0541-4 : 4:18-CV-4544
Court Reporter: Ebonee S. Mathis, Court Reporter
Originating Judge: David Hittner, U.S. District Judge
Date Filed: 12/03/2018
Date NOA Filed:	Date Rec’d COA:
04/18/2019	04/18/2019

Prior Cases:
None

Current Cases:
	Lead	Member	Start	End
Consolidated
	19-20267	20-20209	03/30/2021

Panel Assignment: Not available


Joanna Burke Plaintiff – Appellant	Joanna Burke Direct: 281-812-9591 Email: kajongwe@gmail.com Fax: 866-705-0576 [NTC Pro Se] 46 Kingwood Greens Drive Kingwood, TX 77339

John Burke Plaintiff – Appellant	John Burke Direct: 281-812-9591 Email: kajongwe@gmail.com Fax: 866-705-0576 [NTC Pro Se] 46 Kingwood Greens Drive Kingwood, TX 77339
v.
Ocwen Loan Servicing, L.L.C. Defendant – Appellee	Mark D. Hopkins Direct: 512-600-4320 Email: mark@hopkinslawtexas.com Fax: 512-600-4326 [COR LD NTC Retained] Hopkins Law, P.L.L.C. Suite 110 3 Lakeway Centre Court Austin, TX 78734Shelley Luan Hopkins Direct: 512-600-4323 Email: shelley@hopkinslawtexas.com [COR NTC Retained] Hopkins Law, P.L.L.C. Suite 110 3 Lakeway Centre Court Austin, TX 78734

Joanna Burke; John Burke,

Plaintiffs – Appellants

Ocwen Loan Servicing, L.L.C.,

Defendant – Appellee

consolidated with
_____________

No. 20-20209
_____________

Joanna Burke; John Burke,

Plaintiffs – Appellants

Mark Daniel Hopkins; Shelley Hopkins; Hopkins Law, P.L.L.C.,

Defendants – Appellees

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]

5th Cir. Full Docket to 8 July 2021 (Case 20-20209 Hopkins)

General Docket
United States Court of Appeals for the Fifth Circuit

Court of Appeals Docket #: 20-20209	Docketed: 04/17/2020 Termed: 03/30/2021
Nature of Suit: 3290 Other Property Actions	Docketed: 04/17/2020 Termed: 03/30/2021
Burke v. Hopkins
Appeal From: Southern District of Texas, Houston
Fee Status: Fee Paid

Case Type Information:

1) Private Civil Federal

2) Private

Originating Court Information:
District: 0541-4 : 4:18-CV-4543
Originating Judge: David Hittner, U.S. District Judge
Date Filed: 12/03/2018
Date NOA Filed:	Date Rec’d COA:
04/15/2020	04/15/2020

Prior Cases:
None

Current Cases:
	Lead	Member	Start	End
Consolidated
	19-20267	20-20209	03/30/2021

Panel Assignment: Not available


Joanna Burke Plaintiff – Appellant	Joanna Burke Direct: 281-812-9591 Email: kajongwe@gmail.com Fax: 866-705-0576 [NTC Pro Se] 46 Kingwood Greens Drive Kingwood, TX 77339

John Burke Plaintiff – Appellant	John Burke Direct: 281-812-9591 Email: kajongwe@gmail.com Fax: 866-705-0576 [NTC Pro Se] 46 Kingwood Greens Drive Kingwood, TX 77339
v.
Mark D. Hopkins Defendant – Appellee	Mark D. Hopkins Direct: 512-600-4320 Email: mark@hopkinslawtexas.com Fax: 512-600-4326 [COR LD NTC Pro Se] Hopkins Law, P.L.L.C. Suite 110 3 Lakeway Centre Court Austin, TX 78734Shelley Luan Hopkins Direct: 512-600-4323 Email: shelley@hopkinslawtexas.com [COR NTC Retained] Hopkins Law, P.L.L.C. Suite 110 3 Lakeway Centre Court Austin, TX 78734

Shelley Hopkins Defendant – Appellee	Mark D. Hopkins Direct: 512-600-4320 [COR LD NTC Retained] (see above)Shelley Luan Hopkins Direct: 512-600-4323 [COR NTC Pro Se] (see above)

Hopkins Law, P.L.L.C. Defendant – Appellee	Mark D. Hopkins Direct: 512-600-4320 [COR LD NTC Retained] (see above)Shelley Luan Hopkins Direct: 512-600-4323 [COR NTC Retained] (see above)

_____________

No. 19-20267
_____________

Joanna Burke; John Burke,

Plaintiffs – Appellants

Ocwen Loan Servicing, L.L.C.,

Defendant – Appellee

consolidated with
_____________

No. 20-20209
_____________

Joanna Burke; John Burke,

Plaintiffs – Appellants

Mark Daniel Hopkins; Shelley Hopkins; Hopkins Law, P.L.L.C.,

Defendants – Appellees

04/17/2020	4 pg, 76.47 KB	PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Ms. Joanna Burke and Mr. John Burke [20-20209] (CAG) [Entered: 04/17/2020 01:51 PM]
04/21/2020	1 pg, 82.2 KB	APPEARANCE FORM received from Mr. Mark D. Hopkins for Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins for the court’s review. Lead Counsel? Yes. [20-20209] (Mark D. Hopkins ) [Entered: 04/21/2020 11:18 AM]
04/21/2020	1 pg, 82.39 KB	APPEARANCE FORM received from Ms. Shelley Luan Hopkins for Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins for the court’s review. Lead Counsel? No. [20-20209] (Shelley Luan Hopkins ) [Entered: 04/21/2020 11:21 AM]
04/22/2020		APPEARANCE FORM FILED by Attorney Mark D. Hopkins for Appellee Hopkins Law, P.L.L.C. in 20-20209, Attorney Mark D. Hopkins for Appellee Shelley Hopkins in 20-20209, Attorney Mark D. Hopkins for Appellee Mark D. Hopkins in 20-20209 [20-20209] (CAG) [Entered: 04/22/2020 05:51 AM]
04/22/2020		APPEARANCE FORM FILED by Attorney Shelley Luan Hopkins for Appellee Hopkins Law, P.L.L.C. in 20-20209, Attorney Shelley Luan Hopkins for Appellee Shelley Hopkins in 20-20209, Attorney Shelley Luan Hopkins for Appellee Mark D. Hopkins in 20-20209 [20-20209] (CAG) [Entered: 04/22/2020 05:52 AM]
04/22/2020		APPEARANCE FORM FILED by Attorney Mark D. Hopkins for Appellee Mark D. Hopkins in 20-20209 [20-20209] (CAG) [Entered: 04/22/2020 05:54 AM]
04/22/2020		APPEARANCE FORM FILED by Attorney Shelley Luan Hopkins for Appellee Shelley Hopkins in 20-20209 [20-20209] (CAG) [Entered: 04/22/2020 05:55 AM]
04/24/2020		INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process after monitoring for motion to alter or amend judgment (#72). [9300045-2] Initial AA Check Due satisfied.. [20-20209] (CAG) [Entered: 04/24/2020 06:24 AM]
05/14/2020	1 pg, 59.12 KB	DISTRICT COURT ORDER of 05/01/2020 denying motion to alter or amend judgment (#72). [20-20209] (CAG) [Entered: 05/14/2020 05:57 AM]
05/14/2020	4 pg, 117.82 KB	UPDATED CASE PROCESSING NOTICE sent. Fee due 05/29/2020. [20-20209] (CAG) [Entered: 05/14/2020 05:59 AM]
05/28/2020	5 pg, 253.57 KB	MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for leave to file electronically as a pro se parties [9323502-2]. Date of service: 03/28/2020 [20-20209] (CAG) [Entered: 05/29/2020 04:04 PM]
05/29/2020		FEE PAID by Appellants Ms. Joanna Burke and Mr. John Burke. Fee deadline satisfied [20-20209] (CAG) [Entered: 05/29/2020 04:09 PM]
05/29/2020		ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 4:18-CV-4543. Electronic ROA due on 06/15/2020. [20-20209] (CAG) [Entered: 05/29/2020 04:10 PM]
06/01/2020	1 pg, 75.54 KB	CLERK ORDER granting Motion for leave for pro se to file electronically filed by Appellants Ms. Joanna Burke and Mr. John Burke [9323502-2] [20-20209] (CAG) [Entered: 06/01/2020 10:26 AM]
06/03/2020		ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [20-20209] (CMB) [Entered: 06/03/2020 11:44 AM]
06/03/2020	4 pg, 116.79 KB	BRIEFING NOTICE ISSUED A/Pet’s Brief Due on 07/13/2020 for Appellants Joanna Burke and John Burke. [20-20209] (CMB) [Entered: 06/03/2020 11:46 AM]
06/04/2020	2 pg, 76.87 KB	CASE CAPTION updated. Party information modified for Mark D. Hopkins in 20-20209. Update: caption does not include full middle name as indicated on the district court docket sheet. [20-20209] (CAG) [Entered: 06/04/2020 10:05 AM]
06/05/2020	1 pg, 75.12 KB	DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the request for status on judicial complaint filed as OPPOSED MOTION for clarification received from Appellants Ms. Joanna Burke and Mr. John Burke because judicial complaints are not handled within appeals. To find out the status of a judicial complaint, appellants should contact Circuit Mediation.. [20-20209] (CAG) [Entered: 06/05/2020 07:06 AM]
07/06/2020	113 pg, 2.65 MB	OPPOSED JOINT MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke to stay further proceedings in this court.. Response/Opposition due on 07/16/2020. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to stay case in 5cca [9348413-2]. Date of service: 07/06/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/06/2020 08:31 AM]
07/07/2020	1 pg, 74.13 KB	CLERK ORDER denying opposed motion to stay further proceedings in this court filed by Appellants Ms. Joanna Burke and Mr. John Burke [9348413-2] [20-20209] (JMW) [Entered: 07/07/2020 03:57 PM]
07/10/2020	5 pg, 153.63 KB	OPPOSED MOTION for reconsideration of the 07/07/2020 clerk order denying Motion to stay further proceedings in this court filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9348413-2] [9352577-2]. Date of service: 07/10/2020. Response/Opposition due on 07/20/2020. [20-20209] 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 07/07/2020 [9352577-2]. Date of service: 07/10/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/10/2020 10:14 AM]
07/13/2020	2 pg, 108.41 KB	COURT ORDER DENYING Appellants’ motion for reconsideration [9352577-2]. [20-20209] (CAG) [Entered: 07/13/2020 12:23 PM]
07/13/2020	41 pg, 512.8 KB	STRICKEN IN LIGHT OF THE COURT ORDER OF 07/16/20. APPELLANT’S BRIEF FILED by Mr. John Burke and Ms. Joanna Burke. Brief NOT Sufficient as it requires a Certificate of Interested Parties, summary of argument, standard of review, argument, the certificate of service is out of order, and Record Excerpts are required. SEE ATTACHED INSTRUCTIONS FOR HOW TO REMEDY THE DEFAULT. A/Pet’s Brief deadline satisfied. Record Excerpts due on 07/29/2020 for Appellants Joanna Burke and John Burke. Sufficient Brief due on 07/29/2020 for Appellants Joanna Burke and John Burke. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 07/13/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/13/2020 09:19 PM]
07/14/2020	7 pg, 135.31 KB	MOTION to strike Appellants’ brief brief [9354874-2] and to place brief under seal [9354874-3]. Date of service: 07/14/2020. Appellants’ brief is under temporary seal. Response/Opposition due on 07/24/2020. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins to strike Appellants’ Brief brief [9354874-2]. Date of service: 07/14/2020 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (Mark D. Hopkins ) [Entered: 07/14/2020 01:04 PM]
07/16/2020	2 pg, 109.18 KB	COURT ORDER GRANTING Appellees’ motion to strike portions of the Appellants’ brief that refer to materials outside of the record [9354874-2]. IT IS FURTHER ORDERED that the Appellees’ motion to file Appellants’ brief under seal is DENIED AS MOOT [9354874-3]. Striking Appellant Brief filed by Appellants Ms. Joanna Burke and Mr. John Burke [9354311-2] [20-20209] (CAG) [Entered: 07/16/2020 04:51 PM]
07/16/2020		COURT ACTION striking Appellant Brief filed by Appellants Ms. Joanna Burke and Mr. John Burke [9354311-2] [20-20209] (CAG) [Entered: 07/16/2020 05:07 PM]
07/16/2020		BRIEFING SUSPENDED – portions stricken from appellant’s brief; establishing new briefing schedule.. Record Excerpts deadline canceled. Sufficient brief deadline canceled. [20-20209] (CAG) [Entered: 07/16/2020 05:10 PM]
07/16/2020	2 pg, 102.67 KB	BRIEFING RESUMED. Appellants’ brief must be refiled omitting references to material outside of the record on appeal. A/Pet’s Brief Due on 07/30/2020 for Appellants Joanna Burke and John Burke. Record Excerpts due on 07/30/2020 for Appellants Joanna Burke and John Burke [20-20209] (CAG) [Entered: 07/16/2020 05:13 PM]
07/27/2020	22 pg, 263.65 KB	OPPOSED MOTION for reconsideration of the 07/16/2020 court order granting Motion to strike brief [9354874-2], and place brief under seal filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9354874-3] [9363300-2]. Date of service: 07/27/2020. Response/Opposition due on 08/06/2020. [20-20209] 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 07/16/2020 [9363300-2]. Date of service: 07/27/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/27/2020 12:35 AM]
07/29/2020	3 pg, 137.04 KB	COURT ORDER DENYING Appellants’ opposed motion for reconsideration [9363300-2]. [20-20209] (CAG) [Entered: 07/29/2020 02:03 PM]
07/30/2020	51 pg, 418.86 KB	THIS DOCUMENT IS STRICKEN IN LIGHT OF THE COURT ORDER OF 08/04/2020. APPELLANT’S BRIEF FILED A/Pet’s Brief deadline satisfied. Paper copies are not required at this time. Appellee’s Brief due on 08/31/2020 for Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 07/30/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/30/2020 07:02 PM]
07/30/2020	81 pg, 2.37 MB	RECORD EXCERPTS FILED. Record Excerpts deadline satisfied. Paper copies are not required at this time. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. John Burke. Date of service: 07/30/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/30/2020 07:03 PM]
07/31/2020	10 pg, 145.66 KB	MOTION to strike Appellant’s brief brief [9368451-2], to place brief under seal [9368451-3]. Date of service: 07/31/2020 [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins to strike Appellants’ Amended Brief brief [9368451-2]. Date of service: 07/31/2020 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (Mark D. Hopkins ) [Entered: 07/31/2020 04:01 PM]
08/02/2020	19 pg, 927.77 KB	SUFFICIENT OPPOSED MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke to strike Motion to strike brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9368451-2] [9368627-2]. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke to strike Motion to strike brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9368451-2] [9368627-2]. Date of service: 08/03/2020. Document is insufficient for the following reasons: all motions must state that the movant has contacted or attempted to contact all other parties and must indicate whether an opposition will be filed. 5th Cir. R. 27.4. Sufficient Mtn/Resp/Reply due on 08/07/2020 for Appellants Joanna Burke and John Burke [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to strike Motion to strike brief filed by Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins [9368451-2] [9368627-2]. Date of service: 08/02/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 08/02/2020 08:04 PM]
08/02/2020	10 pg, 278.53 KB	SUFFICIENT OPPOSED MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke for a copy of the original complaint filed by Mr. Jim Harrington against Judge Clement and resulting opinion/decision/memorandum and the reason Judge Willett replaced Judge Clement on the panel in Thomas v. Bryant, 938 F.3d 134, 155 n.95 (5th Cir. 2019). [9368628-2]. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke a copy of the original complaint filed by Mr. Jim Harrington against Judge Clement and resulting opinion/decision/memorandum and the reason Judge Willett replaced Judge Clement on the panel in Thomas v. Bryant, 938 F.3d 134, 155 n.95 (5th Cir. 2019) [9368628-2]. Date of service: 08/03/2020. Document is insufficient for the following reasons: all motions must state that the movant has contacted or attempted to contact all other parties and must indicate whether an opposition will be filed. 5th Cir. R. 27.4. Sufficient Mtn/Resp/Reply due on 08/07/2020 for Appellants Joanna Burke and John Burke [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for clarification of the Order dated 07/29/2020. Date of service: 08/02/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 08/02/2020 08:08 PM]
08/04/2020		The Motion for extraordinary relief filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9368628-2], Motion to strike document filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9368627-2] has been made sufficient. Sufficient Mtn/Resp/Rpl deadline satisfied. [20-20209] (CAG) [Entered: 08/04/2020 09:59 AM]
08/04/2020	3 pg, 141.42 KB	COURT ORDER GRANTING Appellees’ opposed motion to strike Appellant’s amended brief [9368451-2]. IT IS FURTHER ORDERED that Appellees’ opposed motion to place Appellants’ brief under seal is GRANTED [9368451-3]. IT IS FURTHER ORDERED that Appellants’ opposed motion to strike Appellees’ opposed motion to strike Appellants’ brief is DENIED. IT IS FURTHER ORDERED that Appellants’ opposed motion for a copy of a judicial complaint and resulting opinion/decision/memorandum and the reason Judge Willett was on the panel in Thomas v. Bryant, 938 F.3d 134, 155 n.95 (2019), is DENIED [9368627-2] [9368628-2]. [20-20209] (CAG) [Entered: 08/04/2020 03:13 PM]
08/04/2020		COURT ACTION striking Appellant Brief filed by Appellant Mr. John Burke [9367572-2] [20-20209] (CAG) [Entered: 08/04/2020 03:19 PM]
08/05/2020		BRIEFING SUSPENDED – portions striken from appellants’ brief; estabilishing new briefing schedule. E/Res’s Brief deadline canceled [20-20209] (CAG) [Entered: 08/05/2020 05:34 AM]
08/05/2020	2 pg, 101.36 KB	BRIEFING RESUMED. Appellants’ brief must be refiled ommitting references to material outside of the record on appeal. A/Pet’s Brief Due on 08/19/2020 for Appellants Joanna Burke and John Burke. [20-20209] (CAG) [Entered: 08/05/2020 05:36 AM]
08/13/2020	11 pg, 188.59 KB	OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 08/04/2020 [9377524-2]. Date of service: 08/13/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 08/13/2020 05:24 PM]
08/18/2020	3 pg, 143.67 KB	COURT ORDER DENYING Appellants’ Motion for reconsideration [9377524-2]. [20-20209] (CAG) [Entered: 08/18/2020 09:48 AM]
08/19/2020	67 pg, 475.11 KB	APPELLANT’S BRIEF FILED by Mr. John Burke and Ms. Joanna Burke. A/Pet’s Brief deadline satisfied. Appellee’s Brief due on 09/18/2020 for Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 08/19/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 08/19/2020 03:41 PM]
09/04/2020	22 pg, 1.01 MB	MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for judicial notice [9394017-2]. Date of service: 09/04/2020 [20-20209] (CAG) [Entered: 09/08/2020 08:43 AM]
09/08/2020	4 pg, 122.02 KB	OPPOSED MOTION filed by Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins to extend time to file brief of appellee until 10/02/2020 [9394501-2]. Date of service: 09/08/2020 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (Mark D. Hopkins ) [Entered: 09/08/2020 01:02 PM]
09/10/2020	1 pg, 75.3 KB	CLERK ORDER granting Motion to extend time to file appellee’s brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. [9394501-2] Appellee’s Brief due on 10/02/2020 for Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. [20-20209] (CAG) [Entered: 09/10/2020 08:18 AM]
10/02/2020	42 pg, 377.75 KB	APPELLEE’S BRIEF FILED E/Res’s Brief deadline satisfied. Reply Brief due on 10/23/2020 for Appellants Joanna Burke and John Burke [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLEE’S BRIEF FILED by Mr. Mark D. Hopkins, Hopkins Law, P.L.L.C. and Ms. Shelley Hopkins. Date of service: 10/02/2020 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (Mark D. Hopkins ) [Entered: 10/02/2020 03:23 PM]
10/05/2020	16 pg, 212.34 KB	OPPOSED MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke to strike Appellees’ brief [9413904-2]. Date of service: 10/05/2020 [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to strike Appellees Brief filed Friday, 2nd October, 2020 brief [9413904-2]. Date of service: 10/05/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 10/05/2020 12:07 PM]
10/06/2020	2 pg, 137.48 KB	COURT ORDER DENYING appellants’ opposed motion to strike appellees’ brief [9413904-2]. [20-20209] (CAG) [Entered: 10/06/2020 01:40 PM]
10/07/2020	4 pg, 141.46 KB	OPPOSED MOTION filed by Appellant Mr. John Burke to extend time to file reply brief until 11/06/2020 [9416112-2]. Date of service: 10/07/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 10/07/2020 12:32 PM]
10/07/2020	5 pg, 215.29 KB	DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion for extension entitled “motion to strike” received from Appellants Ms. Joanna Burke and Mr. John Burke because motion was corrected and refiled. Removing “motion to strike” from the docket. [20-20209] (CAG) [Entered: 10/08/2020 01:20 PM]
10/08/2020	1 pg, 73.44 KB	CLERK ORDER denying Motion to extend time to file reply brief filed by Appellant Mr. John Burke [9416112-2] [20-20209] (CAG) [Entered: 10/08/2020 04:24 PM]
10/15/2020	9 pg, 177.16 KB	OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 10/08/2020 [9422323-2]. Date of service: 10/15/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 10/15/2020 06:03 PM]
10/16/2020	1 pg, 76.45 KB	CLERK ORDER granting motion for reconsideration filed by Appellant Mr. John Burke [9422323-2]; extending time to file reply brief [9422808-2] Reply Brief deadline updated to 11/06/2020 for Appellants Joanna Burke and John Burke [20-20209] (JMW) [Entered: 10/16/2020 11:37 AM]
11/06/2020	38 pg, 344.81 KB	APPELLANT’S REPLY BRIEF FILED Reply Brief deadline satisfied [20-20209] 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: 11/06/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 11/06/2020 04:38 PM]
01/07/2021	1 pg, 91.2 KB	PAPER COPIES REQUESTED for the Appellant Brief filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9381578-2], Record Excerpts filed by Appellant Mr. John Burke in 20-20209 [9367573-2], Appellee Brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9413256-2], Appellant Reply Brief filed by Appellant Mr. John Burke in 20-20209 [9437996-2]. Paper Copies of Brief due on 01/12/2021 for Appellants Joanna Burke and John Burke and Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. Paper Copies of Record Excerpts due on 01/12/2021 for Appellants Joanna Burke and John Burke. [20-20209] (CAG) [Entered: 01/07/2021 11:35 AM]
01/08/2021	16 pg, 687.15 KB	OPPOSED MOTION filed by Appellant Ms. Joanna Burke waive paper copies requirement for appellant’s brief, record excerpts, and reply brief [9478154-2]. Date of service: 01/11/2021 [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to waive requirement to file record excerpts [9478154-2], to waive requirement to file Appellee’s brief [9478154-3]. Date of service: 01/08/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 01/08/2021 12:00 PM]
01/11/2021		Paper copies of Appellee Brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-20209] (DMS) [Entered: 01/12/2021 08:56 AM]
02/11/2021	1 pg, 76.24 KB	CLERK ORDER denying as moot the motion to waive paper copies requirement filed by Appellants Ms. Joanna Burke and Mr. John Burke [9478154-2]. The Clerk’s Office has printed the paper copies required. [20-20209] (CAG) [Entered: 02/11/2021 09:42 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]

Christine Gardner's Docket Entry, July 9, 2021

Docket Text:

OPPOSED MOTION for reconsideration of the 06/21/2021 court order

denying motion for reconsideration of the 05/05/2021 order

denying motion for authorization to omit the Statement of facts requirement for their Petition for Rehearing En Banc and file petition in present form.

No action is taken on Appellants’ request for clarification of clerk’s office procedure as unnecessary – procedure was explained to Mr. Burke telephonically.

Appellants may use the pro_se@ca5.uscourts.gov email as an alternative, if necessary [9557920-3], [9557920-2] [9614189-2].

Response/Opposition due on 07/19/2021.

Date of service: 07/08/2021 [19-20267, 20-20209]

REVIEWED AND/OR EDITED – The original text prior to review appeared as follows:

OPPOSED MOTION for clarification of the Order dated 06/21/2021 denying Motion for reconsideration filed by Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267, 20-20209 [9585172-2]. Response/Opposition due on 07/19/2021. [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 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 )

Description: Docket Report (filtered) Search Criteria: 19-20267 Filed 7/9/2021 - 7/28/2021

07/18/2021	24 pg, 407.13 KB	OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to correct opinion. [9621392-2]. Date of service: 07/18/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/18/2021 06:55 PM]
07/19/2021	7 pg, 233.92 KB	DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion for reconsideration received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because there is no recourse for reconsideration of a denial of motion to recuse or disqualify a Judge. [19-20267, 20-20209] (CAG) [Entered: 07/19/2021 12:57 PM]
07/19/2021	15 pg, 509.18 KB	RESPONSE/OPPOSITION [9622148-1] to the Motion for sanctions in 19-20267, 20-20209 [9615009-2]. Date of Service: 07/19/2021. [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. in 19-20267, Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622148-1] to the Motion filed by Appellant Mr. John Burke in 19-20267, 20-20209 [9615009-2] Date of Service: 07/19/2021 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267, 20-20209] (Mark D. Hopkins ) [Entered: 07/19/2021 03:44 PM]
07/19/2021	9 pg, 202.23 KB	RESPONSE/OPPOSITION [9622209-1] to the Motion for reconsideration in 19-20267, 20-20209 [9614189-2] Date of Service: 07/19/2021. [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. in 19-20267, Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622209-1] to the Motion for reconsideration filed by Appellant Mr. John Burke in 19-20267, 20-20209 [9614189-2] Date of Service: 07/19/2021 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267, 20-20209] (Mark D. Hopkins ) [Entered: 07/19/2021 04:12 PM]
07/28/2021	25 pg, 771.32 KB	OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to strike Response/Opposition filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267, Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622148-2] [9629458-2], for sanctions against MARK HOPKINS, SHELLEY HOPKINS. Date of service: 07/28/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/28/2021 12:40 PM]

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A Motion to Clarify the Foxy Orders From the Fifth Circuit

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Laws In Texas

A Motion to Clarify the Foxy Orders From the Fifth Circuit

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LIT COMMENTARY

JULY 8, 2021

APPELLANTS’ MOTION TO CLARIFY

DENNIS, JAMES L.

OWEN, PRISCILLA R.

DAVIS, W. EUGENE

BACKGROUND & ARGUMENT

RELIEF REQUESTED

CONCLUSION

Wild West Hired Guns Misfire: PHH ONITY’s Cooked-Up n’ Cockamamie Arguments Implode

Southern District Court in Houston: Addressing the Missing USPS Express Mail with Specificity

Texas Appellate Justice Ken Molberg: Statute of Limitations Suspended During Litigation and Appeal

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5th Cir. Full Docket to 8 July 2021 (Case 19-20267 Ocwen)

5th Cir. Full Docket to 8 July 2021 (Case 20-20209 Hopkins)

Christine Gardner's Docket Entry, July 9, 2021

Description: Docket Report (filtered) Search Criteria: 19-20267 Filed 7/9/2021 - 7/28/2021

Description: Docket Report (filtered) Search Criteria: 19-20267 Filed 7/1/2021 - 7/28/2021

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Laws In Texas

A Motion to Clarify the Foxy Orders From the Fifth Circuit

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LIT COMMENTARY

JULY 8, 2021

APPELLANTS’ MOTION TO CLARIFY

DENNIS, JAMES L.

OWEN, PRISCILLA R.

DAVIS, W. EUGENE

BACKGROUND & ARGUMENT

RELIEF REQUESTED

CONCLUSION

Wild West Hired Guns Misfire: PHH ONITY’s Cooked-Up n’ Cockamamie Arguments Implode

Southern District Court in Houston: Addressing the Missing USPS Express Mail with Specificity

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