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Jarkesy v. SEC, Docket No. 20-61007 (5th Cir. Nov 02, 2020), Court Docket
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Jarkesy v. SEC

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Court Dockets
ca5
US Court of Appeals for the Fifth Circuit
Docket for Case #: 20-61007

Jarkesy v. SEC

DOCKET INFORMATION
Minimize
Date Filed: Nov 2, 2020
Status: Closed
Original Cases:
3-15255, Securities & Exchange Commission
Status: closed
Decision Date: Sep 4, 2020
District: SEC

Parties and Attorneys

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 Petitioner
George R. Jarkesy, Jr.
Petitioner
Representation
S. Michael McColloch
S. Michael McColloch, P.L.L.C.
6060 N. Central Expressway
Dallas, TX 75206
Personal: 214-643-6055
[COR LD NTC Retained]
Karen L. Cook
Karen Cook, P.L.L.C.
6060 N. Central Expressway
Dallas, TX 75206
Personal: 214-643-6054
[COR NTC Retained]

 Petitioner
Patriot28, L.L.C.
Petitioner
Representation
S. Michael McColloch
S. Michael McColloch, P.L.L.C.
6060 N. Central Expressway
Dallas, TX 75206
Personal: 214-643-6055
[COR LD NTC Retained]
Karen L. Cook
Karen Cook, P.L.L.C.
6060 N. Central Expressway
Dallas, TX 75206
Personal: 214-643-6054
[COR NTC Retained]

 Respondent
Securities and Exchange Commission
Respondent
Representation
Paul Gerard Alvarez, Attorney
U.S. Securities & Exchange Commission
100 F Street, N.E.
Washington, DC 20549
Personal: 202-551-5038
[COR LD NTC Government]
Daniel J. Aguilar
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
[COR NTC Government]
Dominick V. Freda, Assistant General Counsel
U.S. Securities & Exchange Commission
100 F Street, N.E.
Washington, DC 20549
Personal: 202-551-5143
[COR NTC Government]
Amanda Mundell
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Personal: 202-514-3469
[COR NTC Government]
Joshua Marc Salzman
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
[COR NTC Government]

 Amicus Curiae
New Civil Liberties Alliance
Amicus Curiae
Representation
Margaret A. Little
New Civil Liberties Alliance
1225 19th Street, N.W.
Washington, DC 20036
Personal: 202-869-5212
[COR LD NTC Retained]

 Amicus Curiae
Cato Institute
Amicus Curiae
Representation
Russell Ryan
King & Spalding, L.L.P.
1700 Pennsylvania Avenue, N.W.
Washington, DC 20006
Personal: 202-626-5457
[COR LD NTC Retained]

 Amicus Curiae
Phillip Goldstein
Amicus Curiae
Representation
Samuel Wollin Cooper
Paul Hastings L.L.P.
600 Travis Street
Houston, TX 77002-0000
[COR LD NTC Retained]

 Amicus Curiae
Mark Cuban
Amicus Curiae
Representation
Samuel Wollin Cooper
Paul Hastings L.L.P.
600 Travis Street
Houston, TX 77002-0000
[COR LD NTC Retained]

 Amicus Curiae
Nelson Obus
Amicus Curiae
Representation
Samuel Wollin Cooper
Paul Hastings L.L.P.
600 Travis Street
Houston, TX 77002-0000
[COR LD NTC Retained]

Docket Entries

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BL-1Nov 2, 2020ViewAGENCY CASE docketed. Petition for review filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C.. Date received in 5th Circuit: 10/28/2020. Administrative Record due on 12/14/2020 [20-61007] (MCS)
BL-2Nov 4, 2020RequestAPPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-61007] (S. Michael McColloch )
BL-3Nov 4, 2020RequestAPPEARANCE FORM for the court's review. Lead Counsel? No. [20-61007] (Karen L. Cook )
BL-4Nov 5, 2020RequestAPPEARANCE FORM FILED by Attorney S. Michael McColloch for Petitioners Patriot28, L.L.C. and George R. Jarkesy, Jr., in 20-61007. [20-61007] (DLJ)
BL-5Nov 5, 2020RequestAPPEARANCE FORM FILED by Attorney Karen L. Cook for Petitioners Patriot28, L.L.C. and George R. Jarkesy, Jr., in case 20-61007. [20-61007] (DLJ)
BL-6Nov 9, 2020RequestINITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9438318-2] Initial AA Check Due satisfied. [20-61007] (MCS)
BL-7Nov 9, 2020RequestAPPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-61007] (Paul Gerard Alvarez )
BL-8Nov 9, 2020RequestAPPEARANCE FORM FILED by Attorney Paul Gerard Alvarez for Respondent SEC, in case 20-61007. [20-61007] (DLJ)
BL-9Nov 23, 2020RequestAPPEARANCE FORM for the court's review. Lead Counsel? No. [20-61007] (Daniel J. Aguilar )
BL-10Nov 25, 2020RequestAPPEARANCE FORM FILED by Attorney(s) Daniel J. Aguilar for party(s) Respondent SEC, in case 20-61007 [20-61007] (CB)
BL-11Nov 30, 2020RequestAPPEARANCE FORM for the court's review. Lead Counsel? No. [20-61007] (Dominick V. Freda )
BL-12Dec 1, 2020RequestAPPEARANCE FORM FILED by Attorney Dominick V. Freda for Respondent SEC, in case 20-61007. [20-61007] (DLJ)
BL-13Dec 10, 2020RequestCERTIFIED LIST filed. Date of Service: 12/10/2020 via email - Attorney for Respondents: Aguilar, Alvarez, Fields, Freda; Attorney for Petitioners: Cook, McColloch; US mail - Attorney for Respondent: Fields [20-61007] (Paul Gerard Alvarez )
BL-14Dec 10, 2020RequestCertified List FILED in lieu of record.Administrative record deadline satisfied. [20-61007] (DLJ)
BL-15Dec 10, 2020RequestBRIEFING NOTICE ISSUED. A/Pet's Brief Due on 01/19/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. [20-61007] (DLJ)
BL-16Dec 21, 2020RequestEXTENSION RECEIVED for Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. Extension Granted to and including 02/18/2021. A/Pet's Brief deadline updated to 02/18/2021 for Petitioners George R. Jarkesy Jr. and Patriot28, L.L.C. [20-61007] (RLL)
BL-17Jan 29, 2021RequestUNOPPOSED MOTION filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. to file brief in excess of the page limitations but not to exceed 55 pages [9493674-2]. Date of service: 01/29/2021 via email - Attorney for Respondents: Aguilar, Alvarez, Fields, Freda; Attorney for Petitioners: Cook, McColloch [20-61007] (Karen L. Cook )
BL-18Feb 1, 2021RequestCLERK ORDER granting Motion to file brief in excess pages filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. [20-61007] (WMJ)
BL-19Feb 17, 2021RequestUNOPPOSED LEVEL 1 EXTENSION REQUESTED by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. for filing Opening Brief until 02/24/2021 [20-61007] (S. Michael McColloch )
BL-20Feb 17, 2021RequestEXTENSION RECEIVED for Petitioners Mr. George R. Jarkesy, Jr., and Patriot28, L.L.C. Extension Granted to and including 02/24/2021. A/Pet's Brief deadline updated to 02/24/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. [20-61007] (DLJ)
BL-21Mar 2, 2021RequestEXTENSION RECEIVED for Petitioners Mr. George R. Jarkesy, Jr., and Patriot28, L.L.C. Extension Granted to and including 03/10/2021. A/Pet's Brief deadline updated to 03/10/2021, for Petitioners George R. Jarkesy Jr. and Patriot28, L.L.C. [20-61007] Deadline extended per General Order. (DLJ)
BL-22Mar 10, 2021ViewSUFFICIENT PETITIONERS' BRIEF FILED.<br> Sufficient Brief deadline satisfied. PAPER COPY REQUESTS SUSPENDED AT THIS TIME. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITIONERS' BRIEF FILED. Brief NOT Sufficient as the sentences in the Statement of Issues Presented for Review section must be double-spaced, the Certificate of Compliance must be edited to list the word count of the brief, and the brief exceeds the 55 page limit granted in the order issued 02/01/2021. 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 03/25/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. Date of service: 03/10/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda; Attorney for Petitioners: Cook, McColloch; US mail - Attorney for Respondent: Fields. [20-61007] (S. Michael McColloch )
BL-23Mar 10, 2021ViewDOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the "Record on Appeal" document construed as "Record Excerpts," received 03/10/2021, from Petitioners Mr. George R. Jarkesy, Jr., and Patriot28, L.L.C., because the incorrect docket event of "Electronic Administrative Record Filed" was used to file the record excerpts. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Miscellaneous deadline updated to 03/25/2021, for Petitioners George R. Jarkesy Jr., and Patriot28, L.L.C. (Monitoring for the electronic filing of the proper "Record Excerpts Filed" docket event). [20-61007] (DLJ)
BL-24Mar 12, 2021RequestUNOPPOSED MOTION to file petitioners' brief in excess of the page limitations, but not to exceed 57 pages [9525014-2]. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. to file brief in excess of the page limitations but not to exceed 57 pages [9525014-2]. Date of service: 03/12/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda; Attorney for Petitioners: Cook, McColloch; US mail - Attorney for Respondent: Fields. [20-61007] (Karen L. Cook )
BL-25Mar 17, 2021RequestCLERK ORDER granting unopposed motion to file petitioners' brief in excess pages, but not to exceed 57 pages, filed by Petitioners Mr. George R. Jarkesy, Jr., and Patriot28, L.L.C. [9527751-2]. Sufficient Brief deadline updated to 03/31/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. [9527751-2]. Record Excerpts remain due to be electronically filed by 03/25/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. E/Res's Brief on 04/16/2021, for Respondent Securities and Exchange Commission. [20-61007] (DLJ)
BL-26Mar 17, 2021RequestMOTION by Not Parties Phillip Goldstein, Mark Cuban and Nelson Obus to file amicus brief in support of petitioners and reversal of the Securities and Exchange Commission's order [9528364-2]. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by PHILLIP GOLDSTEIN, MARK CUBAN, AND NELSON OBUS AS AMICI CURIAE to file amicus brief [9528364-2]. Date of service: 03/17/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda; Attorney for Petitioners: Cook, McColloch; US mail - Attorney for Respondent: Fields. [20-61007] (Samuel Wollin Cooper )
BL-27Mar 17, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-61007] (Margaret A. Little )
BL-28Mar 17, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-61007] (Samuel Wollin Cooper )
BL-29Mar 17, 2021RequestUNOPPOSED MOTION by Not Party New Civil Liberties Alliance to file amicus brief in support of petitioners [9528460-2]. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by New Civil Liberties Alliance to file amicus brief [9528460-2]. Date of service: 03/17/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda; Attorney for Petitioners: Cook, McColloch; US mail - Attorney for Respondent: Fields. [20-61007] (Margaret A. Little )
BL-30Mar 17, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-61007] (Russell Ryan )
BL-31Mar 17, 2021ViewSUFFICIENT AMICUS CURIAE BRIEF FILED (Counsel Appearance Form processed, accepted & filed). AMICUS CURIAE BRIEF FILED by Cato Institute in support of petitioners. The Consent is Included in the Brief. Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief (APPEARANCE FORM RECEIVED 03/17/2021; BUT NOT YET PROCESSED BY THE COURT). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 (PAPER COPY REQUESTS SUSPENDED AT THIS TIME). Sufficient Brief due on 04/01/2021, for Amicus Curiae Cato Institute. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Cato Institute. Date of service: 03/17/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda; Attorney for Petitioners: Cook, McColloch; US mail - Attorney for Respondent: Fields. [20-61007] (Russell Ryan )
BL-32Mar 18, 2021RequestATTORNEY NOT PARTICIPATING. Brent J. Fields is designated as inactive in this case. Reason: Counsel is no longer involved in the Agency in the capacity as Respondent's counsel. [20-61007] (DLJ)
BL-33Mar 18, 2021RequestAPPEARANCE FORM FILED by Attorney Margaret A. Little for Not Party New Civil Liberties Alliance in 20-61007. [20-61007] (DLJ)
BL-34Mar 18, 2021RequestAPPEARANCE FORM FILED by Attorney Russell Ryan for Amicus Curiae Cato Institute in 20-61007. Sufficient Brief deadline satisfied. [20-61007] (DLJ)
BL-35Mar 19, 2021RequestAttorney Mr. Samuel Wollin Cooper for Not Parties Mr. Mark Cuban, Mr. Phillip Goldstein and Mr. Nelson Obus is advised to resubmit an appearance form. Reason: No signature on appearance form. [20-61007] (BF)
BL-36Mar 19, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-61007] (Samuel Wollin Cooper )
BL-37Mar 22, 2021RequestAPPEARANCE FORM FILED by Attorney Samuel Wollin Cooper for Not Party Nelson Obus, Mark Cuban and Phillip Goldstein in 20-61007. [20-61007] (DLJ)
BL-38Mar 24, 2021RequestPROPOSED SUFFICIENT BRIEF filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. Date of service: 03/24/2021 via email - Attorney for Respondents: Aguilar, Alvarez, Freda; Attorney for Petitioners: Cook, McColloch; Attorney for Not Parties: Cooper, Little; Attorney for Amicus Curiae: Ryan [20-61007] (S. Michael McColloch )
BL-39Mar 24, 2021ViewSUFFICIENT RECORD EXCERPTS FILED. Sufficient Record Excerpts deadline satisfied. PAPER COPY REQUESTS SUSPENDED AT THIS TIME. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as the title on the front cover page must be corrected, the Table of Contents list of documents must be numbered, and Tabs must be inserted between each document in the record excerpts. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. Sufficient Record Excerpts due on 04/07/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Petitioners Mr. George R. Jarkesy, Jr., and Patriot28, L.L.C. Date of service: 03/24/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda; Attorney for Petitioners: Cook, McColloch; Attorney for Not Parties: Cooper, Little; Attorney for Amicus Curiae: Ryan. [20-61007] (Karen L. Cook )
BL-40Mar 24, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? No. [20-61007] (Amanda Mundell )
BL-41Mar 26, 2021RequestAPPEARANCE FORM FILED by Attorney(s) Amanda Mundell for party(s) Respondent SEC, in case 20-61007 [20-61007] (MRW)
BL-42Mar 26, 2021RequestUNOPPOSED LEVEL 1 EXTENSION REQUESTED by Respondent SEC for filing Respondent's Brief until 05/17/2021 [20-61007] (Daniel J. Aguilar )
BL-43Mar 29, 2021RequestEXTENSION RECEIVED for Respondent SEC. Extension Granted to and including 05/17/2021. E/Res's Brief deadline updated to 05/17/2021, for Respondent Securities and Exchange Commission. [20-61007] (DLJ)
BL-44Mar 29, 2021RequestPROPOSED SUFFICIENT RECORD EXCERPTS filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. Date of service: 03/29/2021 via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell; Attorney for Petitioners: Cook, McColloch; Attorney for Not Parties: Cooper, Little; Attorney for Amicus Curiae: Ryan [20-61007] (Karen L. Cook )
BL-45Apr 21, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? No. [20-61007] (Joshua Marc Salzman )
BL-46Apr 22, 2021RequestAPPEARANCE FORM FILED by Attorney Joshua Marc Salzman for Respondent SEC, in case 20-61007. [20-61007] (DLJ)
BL-47May 7, 2021RequestCOURT ORDER granting motion to file amici brief, filed by Mr. Mark Cuban, Mr. Phillip Goldstein and Mr. Nelson Obus , in 20-61007. [20-61007] (DLJ)
BL-48May 7, 2021ViewAMICUS CURIAE BRIEF FILED by Mr. Mark Cuban, Mr. Phillip Goldstein and Mr. Nelson Obus. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 (PAPER COPY REQUESTS SUSPENDED AT THIS TIME). [20-61007] (DLJ)
BL-49May 7, 2021ViewSUFFICIENT<br> AMICUS CURIAE BRIEF FILED by the New Civil Liberties Alliance. <br>Sufficient Brief deadline satisfied. PAPER COPY REQUESTS SUSPENDED AT THIS TIME. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by the New Civil Liberties Alliance. Consent is Not Necessary as a Motion has been Granted. Brief NOT Sufficient as the Certificate of Compliance is out of order, and the Table of Contents must be edited to reflect change to brief's content. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. Sufficient Brief due on 05/21/2021, for the New Civil Liberties Alliance. [20-61007] (DLJ)
BL-50May 7, 2021ViewPROPOSED SUFFICIENT BRIEF filed by Amicus Curiae New Civil Liberties Alliance in 20-61007 Date of service: 05/07/2021 via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan [20-61007] (Margaret A. Little )
BL-51May 7, 2021RequestPROPOSED SUFFICIENT BRIEF filed by Amicus Curiae New Civil Liberties Alliance Date of service: 05/07/2021 via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan [20-61007] (Margaret A. Little )
BL-52May 17, 2021ViewAPPELLEE'S BRIEF FILED E/Res's Brief deadline satisfied. Reply Brief due on 06/07/2021 for Petitioners George R. Jarkesy Jr. and Patriot28, L.L.C. [20-61007]<br>REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by SEC. Date of service: 05/17/2021 via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan [20-61007] (Daniel J. Aguilar )
BL-53Jun 7, 2021ViewPETITIONERS' REPLY BRIEF FILED. # of Copies Provided: 0<br> (PAPER COPY REQUESTS SUSPENDED AT THIS TIME). Reply Brief deadline satisfied. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. Date of service: 06/07/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan. NOTE: The non-compliant Appendix attachment was removed from the petitioners' reply brief. Miscellaneous deadline due 06/18/2021, for Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. (Monitoring for proper filing of "Appendix Filed" docket event). [20-61007] (S. Michael McColloch )
BL-54Jun 7, 2021ViewDOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Appendix received 06/07/2021, from Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C., because it was incorrectly attached to the petitioners' reply brief docket event. Instead, the Appendix must be separately filed via the "Appendix Filed" docket event. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Miscellaneous deadline due 06/18/2021, for Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. (Monitoring for proper filing of "Appendix Filed" docket event). [20-61007] (DLJ)
BL-55Jun 9, 2021ViewSUFFICIENT APPENDIX FILED. APPENDIX FILED. [20-61007] Appendix NOT Sufficient as a front cover page is required. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. Sufficient Appendix due via E-MAIL on 06/23/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPENDIX FILED by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. Date of Service: 06/09/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan. [20-61007] (S. Michael McColloch )
BL-56Jun 9, 2021ViewDOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the duplicate Appendix Filed docket event received 06/09/2021, from Petitioners Mr. George R. Jarkesy, Jr., and Patriot28, L.L.C,. because duplicate docket events are not allowed without prior authorization from the Court & the title on the Appendix front cover page is incorrect. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Appendix remains due via E-MAIL on 06/23/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. [20-61007] (DLJ)
BL-57Jun 22, 2021RequestLETTER OF ADVISEMENT. Reason: Notification to all counsel that Appendix has been made sufficient. Sufficient Appendix deadline satisfied. [20-61007] (DLJ)
BL-58Jul 8, 2021RequestPAPER COPIES REQUESTED for the Petitioners' Brief filed 03/10/2021, by Petitioners Mr. George R. Jarkesy, Jr., and Patriot28, L.L.C. in 20-61007 . Paper Copies of Brief due on 07/13/2021, for Amici Curiae Cato Institute, Mark Cuban, Phillip Goldstein, New Civil Liberties Alliance and Nelson Obus, Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C., and Respondent Securities and Exchange Commission. Paper Copies of Record Excerpts due on 07/13/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. Paper Copy of Appendix due on 07/13/2021, for Petitioners George R. Jarkesy, Jr., and Patriot28, L.L.C. [20-61007] (DLJ)
BL-59Jul 12, 2021RequestPaper copies of Amicus Brief filed by Amicus Curiae New Civil Liberties Alliance in 20-61007 received. Paper copies match electronic version of document? No They require: It appears that we received a set of the insufficient brief. # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied.. Sufficient Paper Copies of Brief due on 07/19/2021 for Amicus Curiae New Civil Liberties Alliance [20-61007] (DMS)
BL-60Jul 12, 2021RequestPaper copies of Appellant Brief filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. in 20-61007 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-61007] (DMS)
BL-61Jul 12, 2021RequestPaper copies of Record Excerpts filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. in 20-61007 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [20-61007] (DMS)
BL-62Jul 12, 2021RequestPaper copies of Appellant Reply Brief filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. in 20-61007 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [20-61007] (DMS)
BL-63Jul 12, 2021RequestPaper copies of Appendix filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. in 20-61007 received. Paper copies match electronic version of document? Yes # of Copies Provided: 1. [20-61007] (DMS)
BL-64Jul 13, 2021RequestPaper copies of Amicus Brief filed by Amici Curiae Mr. Mark Cuban, Mr. Phillip Goldstein and Mr. Nelson Obus in 20-61007 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-61007] (DMS)
BL-65Jul 13, 2021RequestPaper copies of Appellee Brief filed by Respondent SEC in 20-61007 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-61007] (DMS)
BL-66Jul 15, 2021RequestPaper copies of Amicus Brief received as sufficient. Sufficient Paper Copies of Brief due deadline satisfied. [20-61007] (SEP)
BL-67Jul 20, 2021ViewSUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent SEC Date of Service: 07/20/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan. [20-61007] (Daniel J. Aguilar )
BL-68Jul 26, 2021RequestEXTENSION RECEIVED for Amicus Curiae Cato Institute. Extension Granted to and including 07/27/2021. Paper Copies of Brief due on 07/27/2021 for Amicus Curiae Cato Institute [20-61007] (AGL)
BL-69Jul 27, 2021RequestPaper copies of Amicus Brief filed by Cato Institute in 20-61007 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-61007] (MRW)
BL-70Jul 30, 2021ViewRESPONSE filed to the 28j Letter filed by Respondent SEC in 20-61007 . Date of Service: 07/30/2021, via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan. [20-61007] (S. Michael McColloch )
BL-71Aug 9, 2021RequestCASE TENTATIVELY calendared for oral argument for the week of 10/04/2021. [20-61007] (GAM)
BL-72Aug 20, 2021RequestCASE CALENDARED for oral argument on Wednesday, 10/06/2021 in New Orleans in the En Banc Courtroom -- AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [20-61007] (SME)
BL-73Aug 23, 2021ViewSUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent SEC Date of Service: 08/23/2021 via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan [20-61007] (Daniel J. Aguilar )
BL-74Oct 6, 2021RequestORAL ARGUMENT HEARD before Judges Davis, Elrod, Oldham. Arguing Person Information Updated for: Daniel J. Aguilar arguing for Respondent Securities and Exchange Commission; Arguing Person Information Updated for: S. Michael McColloch arguing for Petitioner George R. Jarkesy, Jr. [20-61007] (SME)
BL-75Apr 5, 2022ViewSUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Respondent SEC Date of Service: 04/05/2022 via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan [20-61007] (Daniel J. Aguilar )
BL-76Apr 14, 2022ViewRESPONSE filed by Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. to the 28j Letter filed by Respondent SEC Date of Service: 04/14/2022 via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan [20-61007] (Karen L. Cook )
BL-77May 18, 2022ViewPUBLISHED OPINION FILED. [20-61007 Vacated and Remanded] Judge: WED, Judge: JWE, Judge: ASO. Mandate issue date is 07/11/2022 [20-61007] (WMJ)
BL-78May 18, 2022ViewJUDGMENT ENTERED AND FILED. Costs Taxed Against: each party to bear own costs. [20-61007] (WMJ)
BL-79Jul 1, 2022ViewPETITION for rehearing en banc [9884176-2]. Number of Copies: 0 (PAPER COPY REQUESTS SUSPENDED AT THIS TIME). Mandate issue date canceled.. [20-61007] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Respondent SEC for rehearing en banc [9884176-2]. Date of Service: 07/01/2022, via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan. [20-61007] (Daniel J. Aguilar )
BL-80Jul 8, 2022RequestCOURT DIRECTIVE ISSUED requesting a response to the Petition for rehearing en banc filed by Respondent SEC in 20-61007 . Response/Opposition due on 07/18/2022, Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. [20-61007] (DLJ)
BL-81Jul 18, 2022ViewDOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Opposition to the Petition for Rehearing En Banc received from Petitioners Mr. George R. Jarkesy, Jr. and Patriot28, L.L.C. because the document was filed using the wrong event and must be refiled as a Response/Opposition. [20-61007] (WMJ)
BL-82Jul 19, 2022RequestRESPONSE/OPPOSITION Date of Service: 07/19/2022 via email - Attorney for Respondents: Aguilar, Alvarez, Freda, Mundell, Salzman; Attorney for Petitioners: Cook, McColloch; Attorney for Amici Curiae: Cooper, Little, Ryan. [20-61007] (S. Michael McColloch )

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