Friday, January 05, 2024 1:26:29 PM
Thanks - looks like the Plaintiff's may not have appealed En Banc and possibly the time to appeal has passed. This is probably why FamilyMang did not include it any more and if so Collins is done.
Here is what Chat GPT had:
The process and time limits for filing an En Banc petition in the United States Court of Appeals for the Fifth Circuit, like in most federal appellate courts, can be outlined as follows:
Initial Appeal: The process begins with a party appealing a decision from a three-judge panel of the Fifth Circuit to the full court. This typically happens after a panel has issued a decision.
Filing the Petition: To request an En Banc review, the party must file a petition for rehearing En Banc. The petitioner has a limited time frame to file this petition, typically within 14 days after the panel's decision is issued. The specific time limit can vary, so it's important to check the Fifth Circuit's rules and any applicable local rules for the most up-to-date information.
Response: After the En Banc petition is filed, the opposing party (appellee) has a limited time to respond to the petition. This response is usually due within a specified period, often within 14 days.
En Banc Review Decision: The Fifth Circuit judges will then decide whether to grant or deny the petition for rehearing En Banc. En Banc review is discretionary, and not all petitions are granted.
Oral Argument: If the Fifth Circuit grants the petition for rehearing En Banc, it will schedule oral arguments before the full court, which consists of all active judges.
En Banc Decision: After oral arguments, the full court will issue a new decision, which supersedes the decision of the three-judge panel. This decision is typically reached by a majority vote of the participating judges.
The entire process, from filing the En Banc petition to receiving a decision, can vary in duration. It's essential to consult the Fifth Circuit's rules and any applicable local rules, as well as monitor the court's docket for updates, to ensure that you meet all deadlines and requirements accurately. Keep in mind that the specifics of this process can change over time, so it's essential to consult the most current rules and guidelines when pursuing an En Banc review.
Here is what Chat GPT had:
The process and time limits for filing an En Banc petition in the United States Court of Appeals for the Fifth Circuit, like in most federal appellate courts, can be outlined as follows:
Initial Appeal: The process begins with a party appealing a decision from a three-judge panel of the Fifth Circuit to the full court. This typically happens after a panel has issued a decision.
Filing the Petition: To request an En Banc review, the party must file a petition for rehearing En Banc. The petitioner has a limited time frame to file this petition, typically within 14 days after the panel's decision is issued. The specific time limit can vary, so it's important to check the Fifth Circuit's rules and any applicable local rules for the most up-to-date information.
Response: After the En Banc petition is filed, the opposing party (appellee) has a limited time to respond to the petition. This response is usually due within a specified period, often within 14 days.
En Banc Review Decision: The Fifth Circuit judges will then decide whether to grant or deny the petition for rehearing En Banc. En Banc review is discretionary, and not all petitions are granted.
Oral Argument: If the Fifth Circuit grants the petition for rehearing En Banc, it will schedule oral arguments before the full court, which consists of all active judges.
En Banc Decision: After oral arguments, the full court will issue a new decision, which supersedes the decision of the three-judge panel. This decision is typically reached by a majority vote of the participating judges.
The entire process, from filing the En Banc petition to receiving a decision, can vary in duration. It's essential to consult the Fifth Circuit's rules and any applicable local rules, as well as monitor the court's docket for updates, to ensure that you meet all deadlines and requirements accurately. Keep in mind that the specifics of this process can change over time, so it's essential to consult the most current rules and guidelines when pursuing an En Banc review.
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