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Selected Docket Entries for Case 13−5199 (1 of 255) Selected docket entries for case 13−5199 Generated: 12/04/2015 06:53:32 Filed Document Description Page Docket Text 02/15/2013 1 Case Opening Letter 4 Civil Case Docketed. Notice filed by Appellant Mr. Chad Estes. Transcript needed: y. (RLJ) 02/15/2013 The case manager for this case is: Robin L. Johnson. (RLJ) 02/19/2013 Qualified immunity case − expedited for calendaring. (PM) 02/19/2013 Mediation Office is involved in this appeal. (CAW) 02/19/2013 6 mediation conference set 7 Mediation telephone conference has been scheduled for 03/18/2013 at 2:00 pm ET with Paul Calico. [Please open notice for important details and deadlines.] (CAW) 02/28/2013 7 appearance form 9 APPEARANCE filed for Appellee Terry Wynn by John W. Roberts. Certificate of Service: 02/28/2013. (JWR) 02/28/2013 8 appearance form of Ricks 10 APPEARANCE filed for Appellant Mr. Chad Estes by Teresa Reall Ricks. Certificate of Service: 02/28/2013. (TRR) 02/28/2013 9 civil appeal statement of parties and 11 CIVIL APPEAL STATEMENT OF PARTIES AND issues ISSUES filed by Attorney Mr. Teresa Reall Ricks for Appellant Mr. Chad Estes. Certificate of Service:02/28/2013. (TRR) 02/28/2013 10 corporate disclosure 12 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Teresa Reall Ricks for Appellant Mr. Chad Estes Certificate of Service: 02/28/2013. (TRR) 02/28/2013 11 transcript order 13 TRANSCRIPT ORDER FORM filed by Mr. Teresa Reall Ricks for Mr. Chad Estes; No hearings held in District Court. Certificate of Service: 02/28/2013. (TRR) 02/28/2013 14 Briefing Letter 14 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 04/12/2013; appellee brief due 05/15/2013. (RLJ) 02/28/2013 15 appearance form 19 APPEARANCE filed for Appellee Terry Wynn by Michael B. Schwegler. Certificate of Service: 02/28/2013. (MBS) 02/28/2013 16 corporate disclosure 20 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Michael Byrne Schwegler for Appellee Terry Wynn Certificate of Service: 02/28/2013. (MBS) 03/19/2013 18 mediation conference set 22 A follow−up mediation telephone conference has been scheduled for 04/01/2013 at 9:30 am ET with Paul Calico. [Please open notice for important details and deadlines.] (CAW) 03/19/2013 19 mediator briefing letter sent 23 BRIEFING LETTER SENT by Mediation Office, resetting briefing schedule: appellant brief now due 04/19/2013. appellee brief now due 05/22/2013. (CAW) 04/02/2013 Mediation Office is no longer involved in this appeal. (LMR) 04/19/2013 21 APPELLANT BRIEF filed by Ms. Teresa Reall Ricks for Mr. Chad Estes. Certificate of Service:04/19/2013. Argument Request: requested. (TRR) (2 of 255) 21 Appellant brief 24 21 AntiCancer v. Berthold 92 21 Bozung v. Rawson 98 21 Cockrell v. Cincinnati 107 21 Hays v. Bolton 114 21 McColman v. St. Clair 122 21 U.S. v. Holifield 129 21 Verge v. Murfreesboro 132 21 Wright v. Chattanooga 139 21 Wysong v. Heath 149 05/22/2013 22 appellee brief 158 APPELLEE BRIEF filed by Mr. Michael Byrne Schwegler for Terry Wynn. Certificate of Service:05/22/2013. Argument Request: requested. (MBS) 06/07/2013 25 reply brief 213 REPLY BRIEF filed by Attorney Ms. Teresa Reall Ricks for Appellant Mr. Chad Estes. Certificate of Service:06/07/2013. (TRR) 06/12/2013 Update fee status change to paid − 02/19/2013 RE 175 RECEIPT #34675025294 in the amount of $455.00 (RLJ) 08/14/2013 31 Oral Argument Notice 237 Oral argument date set for 9:00 AM Friday, October 4, 2013. Notice of argument sent to counsel on 08/14/2013. (DTS) 08/20/2013 32 argument acknowledgement 239 Oral argument acknowledgement filed by Attorney Ms. Teresa Reall Ricks for Appellant Mr. Chad Estes. Certificate of Service: 08/20/2013. (TRR) 08/28/2013 34 argument acknowledgement 240 Oral argument acknowledgement filed by Attorney Mr. Michael Byrne Schwegler for Appellee Terry Wynn. Certificate of Service: 08/28/2013. (MBS) 08/28/2013 35 argument acknowledgement 241 Oral argument acknowledgement filed by Attorney Mr. John William Roberts for Appellee Terry Wynn. Certificate of Service: 08/28/2013. (JWR) 09/24/2013 40 appearance form 242 APPEARANCE filed for Appellant Mr. Chad Estes by John E. Carter. Certificate of Service: 09/24/2013. (JEC) 09/25/2013 42 argument acknowledgement 243 Oral argument acknowledgement filed by Attorney Mr. John Engelhardt Carter for Appellant Mr. Chad Estes. Certificate of Service: 09/25/2013. (JEC) 10/04/2013 CAUSE ARGUED by Mr. John Engelhardt Carter for Appellant Mr. Chad Estes and Mr. Michael Byrne Schwegler for Appellee Terry Wynn before Rogers,Circuit Judge; Griffin,Circuit Judge and Donald,Circuit Judge. (LAG) 11/04/2013 51 OPINION filed : AFFIRMED, decision not for publication. 51 Cover Letter 244 John M. Rogers (Authoring), Richard Allen Griffin, and Bernice Bouie Donald, Circuit Judges. (RLJ) 51 corrected opinion 245 11/05/2013 52 OPINION CORRECTION LETTER sent indicating 52 Opinion Correction Letter 249 revisions to unpublished opinion filed November 4, 2013. Word on page 3 paragraph 3 first sentence second word was changed from "undisputed" to "alleged". (RLJ) (3 of 255) 52 opinion correction letter sent 250 11/27/2013 57 Mandate Letter 254 MANDATE ISSUED with no costs taxed. (RLJ) Case: 13-5199 Document: 1 Filed: 02/15/2013 Page: 1 (4 of 255) UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 Deborah S. Hunt POTTER STEWART U.S. COURTHOUSE Tel. (513) 564-7000 Clerk CINCINNATI, OHIO 45202-3988 www.ca6.uscourts.gov Filed: February 15, 2013 Mr. Teresa Reall Ricks Farrar & Bates 211 Seventh Avenue, N., Suite 500 Nashville, TN 37219 Mr. John William Roberts Roberts & Werner 1105 Sixteenth Avenue, S., Suite D Nashville, TN 37212 Mr. Michael Byrne Schwegler Law Office P.O. Box 159264 Nashville, TN 37215 Case No. 13-5199, Terry Wynn v. Chad Estes Re: Originating Case No. : 1:11-cv-00025 Dear Counsel: This appeal has been docketed as case number 13-5199 with the caption that is enclosed on a separate page. The appellate case number and caption must appear on all filings submitted to the Court. The filing fee must also be paid to the district court immediately if it was not paid when the notice of appeal was filed. Before preparing any documents to be filed, counsel are strongly encouraged to read the Sixth Circuit Rules at www.ca6.uscourts.gov. If you have not established a PACER account and registered with this court as an ECF filer, you should do so immediately. Your password for district court filings will not work in the appellate ECF system. At this stage of the appeal, the following forms should be downloaded from the web site and filed with the Clerk's office by March 1, 2013. Appellant: Appearance of Counsel Civil Appeal Statement of Parties & Issues Transcript Order Disclosure of Corporate Affiliations Application for Admission to 6th Circuit Bar (if applicable) Case: 13-5199 Document: 1 Filed: 02/15/2013 Page: 2 (5 of 255) Appellee: Appearance of Counsel Disclosure of Corporate Affiliations Application for Admission to 6th Circuit Bar (if applicable) More specific instructions are printed on each form. If appellant's initial forms are not timely filed, the appeal will be dismissed for want of prosecution. If you have questions after reviewing the forms and the rules, please contact the Clerk's office for assistance. Sincerely yours, s/Robin L. Johnson Case Manager Direct Dial No. 513-564-7039 Enclosure Case: 13-5199 Document: 1 Filed: 02/15/2013 Page: 3 (6 of 255) OFFICIAL COURT OF APPEALS CAPTION FOR 13-5199 TERRY WYNN Plaintiff - Appellee v. CHAD ESTES, Officer, in his individual and official capacities Defendant - Appellant Case: 13-5199 Document: 6 Filed: 02/19/2013 Page: 1 (7 of 255) OFFICE OF THE CIRCUIT MEDIATORS UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 331 POTTER STEWART U.S. COURTHOUSE PAUL B. CALICO 100 EAST FIFTH STREET TELEPHONE (513) 564-7330 Chief Circuit Mediator CINCINNATI, OHIO 45202-3988 FAX (513) 564-7349 DEBORAH N. GINOCCHIO [email protected] RODERICK M. MCFAULL MARIANN YEVIN February 19, 2013 John William Roberts, Esq. Michael Byrne Schwegler, Esq. Teresa Reall Ricks, Esq. Re: Terry Wynn v. Chad Estes, CA No. 13-5199 MEDIATION CONFERENCE NOTICE Dear Counsel: DATE AND TIME Pursuant to Federal Rule of Appellate Procedure 33 and Sixth Circuit Rule 33, a TELEPHONE mediation conference has been scheduled in this case for MARCH 18, 2013 at 2:00 p.m. EASTERN TIME. The Court will place the calls to the number provided in the Mediation Background Information Form, which you are required to submit by March 11, 2013 (see additional information regarding Mediation Background Information Forms below.) Please note that the use of cell phones is not permitted. You should allow at least ninety minutes for the conference. PURPOSES There are several purposes for mediation conferences. One is to prevent unnecessary motions or delay by addressing any procedural issues relating to the appeal. A second is to identify and clarify the main substantive issues presented on appeal. The third and primary purpose is to explore possibilities for settlement. We will discuss in considerable detail the parties’ interests and possible bases for resolving the case. You should be prepared to address all of these matters. Your attention is also directed to the document entitled About Mediation Conferences, which is available on the Court’s website at www.ca6.uscourts.gov under the heading Mediation Office.
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