LA Public Service Commission v. FERC


PUBLISHED OPINION FILED. [13-60140 Affirmed in Part and Dismissed in Part 13-60141 Affirmed in Part and Dismissed in Part] Judge: JLW , Judge: CH , Judge: SAH Mandate pull date is 09/22/2014; dismissing motion to dismiss petition for review for lack of jurisdiction filed by Intervenor Arkansas Public Service Commission [7349343-2] in 13-60140 [13-60140, 13-60141]

Download PDF
Case: 13-60140 Document: 00512720073 Page: 1 Date Filed: 08/01/2014 United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130 August 01, 2014 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW Regarding: Fifth Circuit Statement on Petitions for Rehearing or Rehearing En Banc No. 13-60140 13-60141 LA Public Service Commission v. FERC LA Public Service Commission v. FERC USDC No. 128 FERC 61020 USDC No. 137 FERC 61030 USDC No. 137 FERC 61012 USDC No. 514 USDC No. 514-A --------------------------------------------------Enclosed is a copy of the court's decision. The court has entered judgment under FED R. APP. P. 36. (However, the opinion may yet contain typographical or printing errors which are subject to correction.) FED R. APP. P. 39 through 41, and 5TH Cir. R.s 35, 39, and 41 govern costs, rehearings, and mandates. 5TH Cir. R.s 35 and 40 require you to attach to your petition for panel rehearing or rehearing en banc an unmarked copy of the court's opinion or order. Please read carefully the Internal Operating Procedures (IOP's) following FED R. APP. P. 40 and 5TH CIR. R. 35 for a discussion of when a rehearing may be appropriate, the legal standards applied and sanctions which may be imposed if you make a nonmeritorious petition for rehearing en banc. Direct Criminal Appeals. 5TH CIR. R. 41 provides that a motion for a stay of mandate under FED R. APP. P. 41 will not be granted simply upon request. The petition must set forth good cause for a stay or clearly demonstrate that a substantial question will be presented to the Supreme Court. Otherwise, this court may deny the motion and issue the mandate immediately. Pro Se Cases. If you were unsuccessful in the district court and/or on appeal, and are considering filing a petition for certiorari in the United States Supreme Court, you do not need to file a motion for stay of mandate under FED R. APP. P. 41. The issuance of the mandate does not affect the time, or your right, to file with the Supreme Court. The judgment entered provides that petitioner pay to respondent the costs on appeal. Case: 13-60140 Document: 00512720073 Page: 2 Date Filed: 08/01/2014 Sincerely, LYLE W. CAYCE, Clerk By: _______________________ Joseph M. Armato, Deputy Clerk Enclosure(s) Ms. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Ms. Carol Jayne Banta Noel Joseph Darce David Chapman Duggins Michael Fontham Brandon Mark Frey P. Randolph Hightower Dennis Lane Patrick Joseph Pearsall Robert Harris Solomon Mark P. Strain Kathryn Ann Washington

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?