Mendel et al v. Morgan Keegan & Company Inc

Filing 56

MEMORANDUM OPINION AND ORDER On March 23, 2016, the Eleventh Circuit issued an opinion in this action, reversing and remanding the case for further consideration. For reasons as noted within, this court is requesting the Eleventh Circuit to stay the issuance of the mandate pending an application for rehearing en banc and any ruling on such applications, as well as for possible petitions for certiorari. Signed by Judge William M Acker, Jr on 4/4/16. (SAC )

FILED
2016 Apr-04 PM 03:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAKE MENDEL, etc., et al.,
Plaintiffs,
v.
MORGAN KEEGAN & COMPANY,
INC.,
Defendant.

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CIVIL ACTION NO.
13-AR-1630-S

MEMORANDUM OPINION AND ORDER
It is now understood at the courthouse that the undersigned
judge has broken two vertebrae and is not functioning at the proper
level.

On March 23, 2016, the Eleventh Circuit issued an opinion

in the above-entitled action, reversing and remanding the case for
further consideration.

Because the court is positive that the

Eleventh Circuit will have no objection to this request, this court
does not hesitate in requesting the Eleventh Circuit to stay the
issuance of the mandate pending an application for rehearing en
banc and any ruling on such applications, as well as for possible
petitions for certiorari. This court is physically incapable as of
now to do more than recognize the circumstances under which the
parties will now operate.
DONE this 4th day of April, 2016.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE