Elizabeth Sewell, et al v. Sewerage & Water Board of N.O.

Filing

UNPUBLISHED OPINION FILED. [17-30089 Affirmed ] Judge: TMR , Judge: ECP , Judge: JEG Mandate pull date is 09/18/2017 [17-30089]

Case: 17-30089

Document: 00514133666

Page: 1

Date Filed: 08/28/2017

United States Court of Appeals
FIFTH CIRCUIT
OFFICE OF THE CLERK
LYLE W. CAYCE
CLERK

TEL. [phone]
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130

August 28, 2017
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Regarding:

Fifth Circuit Statement on Petitions for Rehearing
or Rehearing En Banc

No. 17-30089

Elizabeth Sewell, et al v. Sewerage & Water
Board of N.O.
USDC No. 2:15-CV-3117
USDC No. 2:15-CV-6276
USDC No. 2:16-CV-2326
USDC No. 2:16-CV-2328
USDC No. 2:16-CV-3120
USDC No. 2:16-CV-4233
USDC No. 2:16-CV-4248
USDC No. 2:16-CV-12368

--------------------------------------------------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

Case: 17-30089

Document: 00514133666

Page: 2

Date Filed: 08/28/2017

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
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: _______________________
Joseph M. Armato, Deputy Clerk
Enclosure(s)
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Mary Nell Bennett
Michael Ethan Botnick
Craig W. Brewer
James Thomas Busenlener
Alexis Anne Butler
Thomas Alcade Casey Jr.
Thomas Joseph Eppling
George Davidson Fagan
Ernest Paul Gieger Jr.
Arthur Gregory Grimsal
Hunter Peter Harris IV
Anton L. Hasenkampf
Laura Tiffany Hawkins
Shannon Howard-Eldridge
Darleen M. Jacobs
Wade A. Langlois III
Sarah A. Lowman
Craig Bernard Mitchell
David Moragas
Michael James Remondet Jr.
James Douglas Rhorer
Michael Robert Carson Riess
Alex Benjamin Rothenberg
Sara Peters Scurlock
Randall Alan Smith
John Elliott Unsworth III
Scott T. Winstead