SEC v. Barton

22-11226 | U.S. Court of Appeals, Fifth Circuit

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Filed Dec. 22, 2022
Terminated Sept. 1, 2023
Judges Wiener, Elrod, and Engelhardt
Nature of Suit 1850 Securities, Commodities, Exchange
Original Case 3:22-cv-02118
Last Updated: 1 year, 1 month ago Show Interactive Timeline
Filing Date # Docket Text
10/24/2023MANDATE ISSUED. Mandate issue date satisfied. [22-11226] (RSM) [Entered: 10/24/2023 07:39 AM]
9/1/2023
  • Motion for Judgment
JUDGMENT ENTERED AND FILED. Costs Taxed Against: Defendant - Appellant. [22-11226] (NFD) [Entered: 09/01/2023 04:42 PM]
9/1/2023UNPUBLISHED OPINION FILED. [22-11226 Dismissed as Moot ] Judge: JLW , Judge: JWE , Judge: KDE. Mandate issue date is 10/24/2023; denying Petition for rehearing en banc filed by Appellant Mr. Timothy Barton [85]; denying Petition for rehearing filed by Appellant Mr. Timothy Barton [77] [22-11226] (NFD) [Entered: 09/01/2023 04:39 PM]
9/1/202389OPINION WITHDRAWN. [74], [75] [22-11226] (NFD) [Entered: 09/01/2023 04:37 PM]
8/13/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the rehearing en banc received from Appellant Mr. Timothy Barton because it is out of time [22-11226] (RSM) [Entered: 08/14/2023 12:58 PM]
8/13/202382REHEARING MADE SUFFICIENT filed by Appellant Mr. Timothy Barton in 22-11226 [77]. Sufficient Rehearing due deadline satisfied [22-11226] (RSM) [Entered: 08/14/2023 10:37 AM]
8/13/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the panel rehearing received from Appellant Mr. Timothy Barton because it is out of time and a duplicate docket entry [22-11226] (RSM) [Entered: 08/14/2023 10:20 AM]
8/13/202380COURT ACTION mooting Petition for rehearing en banc filed by Appellant Mr. Timothy Barton [77] [22-11226] (RSM) [Entered: 08/14/2023 10:18 AM]
8/3/2023PETITION filed by Appellant Mr. Timothy Barton for rehearing en banc [85] Number of Copies:0.. [22-11226] (RSM) [Entered: 08/14/2023 01:30 PM]
8/3/2023
  • Motion for Rehearingby Δ
PETITION for rehearing [77] Number of Copies: 0. Mandate issue date canceled.. Sufficient Rehearing due on 08/14/2023 for Appellant Timothy Barton [77] Number of Copies:0. Mandate issue date canceled.. Document is insufficient for the following reasons: INSUFFICIENT FOR: PANEL REHEARING AND REHEARING EN BANC CANNOT BE FILED AS ONE DOCUMENT [22-11226]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Appellant Mr. Timothy Barton for rehearing [77] , for rehearing en banc [77]. Date of Service: 08/03/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce [22-11226] (Michael J. Edney ) [Entered: 08/03/2023 10:39 PM]
6/20/202375
  • Motion for Judgment
JUDGMENT ENTERED AND FILED. Costs Taxed Against: Appellant. [22-11226] (WITHDRAWN 9/1/2023) (MFY) [Entered: 06/19/2023 02:01 PM]
6/19/202374UNPUBLISHED OPINION FILED. [22-11226 Dismissed ] Judge: JLW, Judge: JWE, Judge: KDE Mandate issue date is 08/11/2023 [22-11226] (OPINION WITHDRAWN 9/1/2023) (MFY) [Entered: 06/19/2023 01:38 PM]
5/8/202366Paper copies of Appellant Reply Brief filed by Appellant Mr. Timothy Barton in 22-11226 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [22-11226] (KMP) [Entered: 05/08/2023 02:44 PM]
4/19/2023
  • Replyby Δ
APPELLANT'S REPLY BRIEF FILED
Reply Brief deadline satisfied [22-11226]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Timothy Barton. Date of service: 04/19/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce [22-11226] (Michael J. Edney ) [Entered: 04/19/2023 07:35 PM]
4/13/2023
  • Motion to File BriefDenied
COURT ORDER denying Motion to file second amicus brief [49] filed by Cortney Christopher Thomas. [22-11226] (MFY) [Entered: 04/13/2023 02:48 PM]
4/13/2023
  • Responseby Δ
RESPONSE/OPPOSITION [58] to the Motion to file amicus brief [49] [22-11226]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Mr. Timothy Barton [58] to the Court directive requesting a response [53] Date of Service: 04/13/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce. [22-11226] (Michael J. Edney ) [Entered: 04/13/2023 11:16 AM]
4/12/2023
  • Response
RESPONSE/OPPOSITION [55] to the Motion to file amicus brief [49], Court directive requesting a response [53]Response/Opposition deadline satisfied. [22-11226]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by SEC [55] to the [49] Date of Service: 04/12/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce. [22-11226] (Ezekiel Levenson Hill ) [Entered: 04/12/2023 04:08 PM]
4/11/2023COURT DIRECTIVE ISSUED requesting a response to the Motion to file amicus brief [49] Response/Opposition due on 04/13/2023 by 12:00P.M.. [22-11226] (MFY) [Entered: 04/11/2023 08:30 AM]
4/5/2023
  • Motion to File Brief
OPPOSED MOTION by Receiver Cortney C. Thomas to file amicus brief [49] Date of service: 04/05/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce [22-11226] (Charlene Cantrell Koonce ) [Entered: 04/05/2023 05:29 PM]
3/29/2023APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied. Reply Brief due on 04/19/2023 for Appellant Timothy Barton [22-11226]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by SEC. Date of service: 03/29/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce [22-11226] (Ezekiel Levenson Hill ) [Entered: 03/29/2023 12:27 PM]
3/28/202344Paper copies of Record Excerpts [43] received as sufficient. Sufficient Paper Copies of Record Excerpts due deadline satisfied. [22-11226] (KMP) [Entered: 03/28/2023 01:18 PM]
3/22/2023Paper copies of Record Excerpts filed by Appellant Mr. Timothy Barton in 22-11226 received. Paper copies match electronic version of document? Yes They require: MISSING TABS # of Copies Provided: 4. Sufficient Paper Copies of Record Excerpts Due on 04/05/2023 for Appellant Timothy Barton. [22-11226] (RSM) [Entered: 03/22/2023 10:44 AM]
3/22/202342Paper copies of Appellant Brief filed by Appellant Mr. Timothy Barton in 22-11226 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [22-11226] (KMP) [Entered: 03/22/2023 10:16 AM]
3/6/2023PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Mr. Timothy Barton and Mr. Timothy Barton [40] Date of service: 03/06/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce [22-11226] (Michael J. Edney ) [Entered: 03/06/2023 05:30 PM]
2/27/2023SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied [22-11226]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Timothy Barton. Record Excerpts NOT Sufficient as they require: The table of contents citations are not in proper range. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts due on 03/13/2023 for Appellant Timothy Barton [22-11226] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Timothy Barton. Date of service: 02/27/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce [22-11226] (Michael J. Edney ) [Entered: 02/27/2023 11:38 PM]
2/27/2023APPELLANT'S BRIEF FILED by Mr. Timothy Barton. # of Copies Provided: 0
A/Pet's Brief deadline satisfied. Appellee's Brief due on 03/29/2023 for Appellee Securities and Exchange Commission [22-11226]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Timothy Barton. Date of service: 02/27/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper; Attorney for Amicus Curiae: Koonce [22-11226] (Michael J. Edney ) [Entered: 02/27/2023 11:36 PM]
1/25/202336APPEARANCE FORM FILED by Attorney Charlene Cantrell Koonce for Amicus Curiae Cortney Christopher Thomas in 22-11226 [22-11226] (MFY) [Entered: 01/25/2023 03:15 PM]
1/25/2023AMICUS CURIAE BRIEF FILED by Mr. Cortney Christopher Thomas. Consent is Not Necessary as a Motion has been Granted.
# of Copies Provided: 0 [22-11226] (MFY) [Entered: 01/25/2023 03:06 PM]
1/25/2023
  • Motion to InterveneGranted
AMENDED COURT ORDER granting Motion to intervene filed by Mr. Cortney Christopher Thomas [29] by Cortney Christopher Thomas in 22-11226; granting Motion to file amicus brief filed by Mr. Cortney Christopher Thomas [29] [22-11226] (MFY) [Entered: 01/25/2023 02:17 PM]
1/20/2023
  • Motion to Intervene
OPPOSED MOTION to intervene filed by Cortney Christopher Thomas in support of Plaintiff - Appellee, alternatively, to file motion to dismiss as amicus brief [29] [22-11226]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION by Receiver Cortney C. Thomas to intervene , on behalf of Receiver Cortney C. Thomas. Date of service: 01/20/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper [22-11226] (Charlene Cantrell Koonce ) [Entered: 01/20/2023 05:39 PM]
1/17/202328APPEARANCE FORM FILED by Attorney Ezekiel Levenson Hill for Appellee SEC in 22-11226 [22-11226] (RSM) [Entered: 01/17/2023 11:44 AM]
1/17/2023BRIEFING NOTICE ISSUED A/Pet's Brief Due on 02/27/2023 for Appellant Timothy Barton. [22-11226] (DDL) [Entered: 01/16/2023 08:47 AM]
1/17/202326ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [22-11226] (DDL) [Entered: 01/16/2023 08:46 AM]
1/13/2023APPEARANCE FORM received from Mr. Ezekiel Levenson Hill for SEC for the court's review. Lead Counsel? Yes. [22-11226] (Ezekiel Levenson Hill ) [Entered: 01/13/2023 01:25 PM]
1/13/2023Attorney Cortney Thomas for Cortney Thomas is advised to resubmit an appearance form (does not appear as party in the case).. [22-11226] (MFY) [Entered: 01/13/2023 10:23 AM]
1/6/202323ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 3:22-CV-2118. Electronic ROA due on 01/23/2023. [22-11226] (PAC) [Entered: 01/06/2023 03:29 PM]
1/6/202322TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Kelli Ann Willis, Dt. Filed in Dist. Ct: 01/06/2023 Ct. Reporter Acknowledgment deadline canceled [22-11226] (PAC) [Entered: 01/06/2023 03:28 PM]
1/6/2023NOTICE RECEIVED from Kelli Ann Willis that the transcript ordered by Appellant Mr. Timothy Barton is complete and has been filed in the District Court. [22-11226] (Kelli Ann Willis ) [Entered: 01/06/2023 12:27 PM]
1/6/2023NOTICE RECEIVED from Kelli Ann Willis that the transcript ordered by Appellant Mr. Timothy Barton is complete and has been filed in the District Court. [22-11226] (Kelli Ann Willis ) [Entered: 01/06/2023 11:46 AM]
1/4/202319TRANSCRIPT ORDER received from Appellant Mr. Timothy Barton. DETAILS: Transcript Order: Court Reporter: Kelli Ann Willis, Proceeding Type and Date: Hearing 12/19/2022. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 01/17/2023 for Kelli Ann Willis. Electronic Filing Processed: [14] [22-11226] (MFY) [Entered: 01/04/2023 11:37 AM]
1/4/202317APPEARANCE FORM FILED by Attorney Edwin A. Huffman for Appellant Timothy Barton in 22-11226 [22-11226] (MFY) [Entered: 01/04/2023 11:21 AM]
1/4/202316APPEARANCE FORM FILED by Attorney Michael Christopher Dingman for Appellant Timothy Barton in 22-11226 [22-11226] (MFY) [Entered: 01/04/2023 11:18 AM]
1/4/202315APPEARANCE FORM FILED by Attorney Michael J. Edney for Appellant Timothy Barton in 22-11226 [22-11226] (MFY) [Entered: 01/04/2023 11:17 AM]
1/4/2023ATTORNEY TRANSCRIPT ORDER form filed by Appellant Mr. Timothy Bartonfor the Court to process. Date of service: 01/04/2023 via email - Attorney for Appellees: Bernstein, Hill; Attorney for Appellants: Dingman, Edney, Huffman, Roper. [22-11226] (Michael J. Edney ) [Entered: 01/04/2023 08:46 AM]
1/3/2023INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [12] Initial AA Check Due satisfied.. Transcript order due on 01/18/2023 for Appellant Timothy Barton [22-11226] (RSM) [Entered: 01/03/2023 01:54 PM]
12/31/2022APPEARANCE FORM received from Mr. Edwin A. Huffman for Mr. Timothy Barton for the court's review. Lead Counsel? No. [22-11226] (Edwin A. Huffman ) [Entered: 12/31/2022 01:38 PM]
12/31/2022APPEARANCE FORM received from Mr. Michael Christopher Dingman for Mr. Timothy Barton for the court's review. Lead Counsel? No. [22-11226] (Michael Christopher Dingman ) [Entered: 12/31/2022 01:34 PM]
12/31/2022APPEARANCE FORM received from Mr. Michael J. Edney for Mr. Timothy Barton for the court's review. Lead Counsel? Yes. [22-11226] (Michael J. Edney ) [Entered: 12/31/2022 01:27 PM]
12/30/2022APPEARANCE FORM for the court's review. Lead Counsel? No. [22-11226] (Cortney Christopher Thomas ) [Entered: 12/30/2022 12:30 PM]
12/30/2022Attorney Cortney Thomas is advised to resubmit an appearance form. Reason: The submitted appearance form does not match the registered attorney. [22-11226] (LBM) [Entered: 12/30/2022 10:42 AM]
12/29/2022DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the appearance form because the party listed on the appearance form is not a party in this appeal [22-11226] (RSM) [Entered: 01/03/2023 03:12 PM]
12/29/2022APPEARANCE FORM for the court's review. Lead Counsel? No. [22-11226] (Charlene Cantrell Koonce ) [Entered: 12/29/2022 03:09 PM]
12/22/2022US CIVIL CASE docketed. NOA filed by Appellant Mr. Timothy Barton [22-11226] (AS) [Entered: 12/22/2022 02:18 PM]