Morris Davis v. James Billington, et al

Filing 7

DOCKETING STATEMENT FILED [1308123] by Daniel P. Mulhollan [Service Date: 05/16/2011 ] [11-5092] (Swingle, Sharon)

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UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Avenue, NW Washington, DC 20001-2866 Phone: 202-216-7000 | Facsimile: 202-219-8530 CIVIL DOCKETING STATEMENT All Cases Other than Administrative Agency Cases (To be completed by appellant) 1. CASE NO. 11-5092 3. CASE NAME (lead parties only) Morris v. Davis 2. DATE DOCKETED: 4/15/2011 v. James H. Billington $ District Ct - q US Civil 4. TYPE OF CASE: Private Civil Criminal Bankruptcy Original proceeding Bankruptcy - if direct from Bankruptcy Court 5. IS THIS CASE REQUIRED BY STATUTE TO BE EXPEDITED? Yes q No If YES, cite statute 6. CASE INFORMATION: Bankruptcy Court Docket No. a. District Court Docket No. Tax Court Docket No. Civil Action 1:10-cv-00036-RBW Bankruptcy Tax Adversary Criminal Ancillary Miscellaneous b. Review is sought of: Final Order $ Interlocutory Order appealable as of right Interlocutory Order certified for appeal c. Name of judge who entered order being appealed: Judge Reggie B. Walton Magistrate Judge e. Date notice of appeal filed: 4/13/2011 f. Has any other notice of appeal been filed in this case? Yes q No If YES, date filed: g. Are any motions currently pending in trial court? q Yes If YES, date filed: No 4/29/11 If YES, identify motion Plaintiff's motion for order setting scheduling conference d. Date of order(s) appealed (use date docketed): 3/30/2011 Yes q No h. Has a transcript of proceedings been ordered pursuant to FRAP 10(b)? No hearing was held on the motion to dismiss, the denial of which is the basis for this appeal If NO, why not? i. Has this case been before the Court under another appeal number? Yes Appeal # q No j. Are any cases involving the same underlying order or, to counsel's knowledge, involving substantially the same issue, currently pending before the District Court, this Court, another Circuit Court, or the Supreme Court? Yes q No If YES, give each case's court and case name, and docket number: k. Does this case turn on validity or correct interpretation or application of a statute? Yes q No If YES, give popular name and citation of statute 7. Have the parties attempted to resolve issues in this case through arbitration, mediation, or another alternative for dispute resolution? Yes q No If so, provide program name and participation dates 5/16/11 Date Signature /s/ Sharon Swingle Name of Party Daniel P. Mulhollan Name of Counsel for Appellant/Petitioner Sharon Swingle Address Dep't. of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave., NW, Rm. 7250, Washington DC 20530 Fax ( 202 ) 514-8151 Phone ( 202 ) 353-2689 ATTACH A CERTIFICATE OF SERVICE Note: If counsel for any other party believes that the information submitted is inaccurate or incomplete, counsel may so advise the Clerk within 7 calendar days by letter, with copies to all other parties, specifically referring to the challenged statement. Attach a certificate of service to this form. USAC Form 42 August 2009 (REVISED) Save Reset Form Print Form

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