Ashford Hospitality Prime, Inc, et al v. Sessa Capital (Master), L.P., et al


UNPUBLISHED OPINION FILED. [16-10671 Dismissed as Moot, 16-10672 Dismissed as Moot] Judge: JLW , Judge: EBC , Judge: GJC. Mandate pull date is 01/06/2017; granting motion to dismiss appeal filed by Appellee Ashford Hospitality Prime, Incorporated [8238103-2] [16-10671, 16-10672]

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Case: 16-10671 Document: 00513801203 Page: 1 Date Filed: 12/16/2016 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 *Corrected 12/16/16* December 16, 2016 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW Regarding: Fifth Circuit Statement on Petitions for Rehearing or Rehearing En Banc Nos. 16-10671 & 16-10672 Ashford Hospitality Prime, Inc, et al v. Sessa Capital (Master), L.P., et al USDC No. 3:16-CV-527 USDC No. 3:16-CV-713 --------------------------------------------------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. Court Appointed Counsel. Court appointed counsel is responsible for filing petition(s) for rehearing(s) (panel and/or en banc) and writ(s) of certiorari to the U.S. Supreme Court, unless relieved of your obligation by court order. If it is your intention to file a motion to withdraw as counsel, you should notify your client promptly, and advise them of the time limits for filing for Case: 16-10671 Document: 00513801203 Page: 2 Date Filed: 12/16/2016 rehearing and certiorari. Additionally, you MUST confirm that this information was given to your client, within the body of your motion to withdraw as counsel. The judgment entered provides that appellants pay to appellees the costs on appeal. Sincerely, LYLE W. CAYCE, Clerk By: _______________________ Jamei R. Schaeffer, Deputy Clerk Enclosure(s) Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Sundeep Kumar Addy Thomas F. Allen Jr. James C. Bookhout Nathan Bull John David Byars Joseph Doman Bradley Wayne Foster Jonathan Morind Hoff Weston C. Loegering Matthew Griffith Nielsen Martin L. Seidel Evan P. Singer Paul Joseph Skiermont Jared Stanisci Glen E. Summers

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