Case: Adar v. Smith

Adar v. Smith

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

SCOTUSBlog

Constitutional Accountability Center

COMPLAINT against Darlene W. Smith (Filing fee $ 350.) filed by Oren Adar, Mickey Ray Smith. (Attachments: # 1 Civil Cover Sheet)(cms, ) (Entered: 10/09/2007)

Summons Issued as to Darlene W. Smith. (cms, ) (Entered: 10/09/2007)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Kenneth D. Upton, Jr. (Filing fee $5.) by Oren Adar, Mickey Ray Smith. (Attachments: # 1 Affidavit & Certificate)(gbw, ) (Entered: 10/19/2007)

ORDER granting 3 Motion to Appear Pro Hac Vice as to Kenneth D. Upton, Jr.. Signed by Judge Jay C. Zainey on 10/9/07. (gbw, ) (Entered: 10/19/2007)

WAIVER OF SERVICE Returned Executed; waiver sent to Darlene W. Smith on 10/9/2007, answer due 12/3/2007. (Matthews, Regina) Modified text on 11/13/2007 (gbw, ). (Entered: 11/12/2007)

MOTION to Dismiss for Lack of Jurisdiction by Darlene W. Smith. Motion Hearing set for 1/23/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Haynes, Carol) (Entered: 11/30/2007)

Correction of Docket Entry by Clerk re 6 MOTION to Dismiss for Lack of Jurisdiction. Document's signature line is either incomplete or blank. All future documents must reflect either an original signature or an electronic signature of the filing attorney following the format 's/ (attorney name)'. No further action is necessary. (gbw, ) (Entered: 12/03/2007)

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 6 MOTION to Dismiss for Lack of Jurisdiction. (Matthews, Regina) (Entered: 01/14/2008)

Request/Statement of Oral Argument by all plaintiffs regarding 6 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Proposed Order)(Matthews, Regina) (Entered: 01/14/2008)

ORDER Setting oral argument on 6 MOTION to Dismiss for Lack of Jurisdiction ; Oral Argument set for 3/12/2008 10:00 AM. Signed by Judge Jay C. Zainey on 1/18/08.(jrc, ) (Entered: 01/22/2008)

ORDER Resetting Oral Argument on 6 MOTION to Dismiss for Lack of Jurisdiction: Oral Argument reset for 3/19/2008 10:00 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(jrc, ) (Entered: 01/28/2008)

ORDER that 6 MOTION to Dismiss for Lack of Jurisdiction filed by Darlene W. Smith shall be heard on the briefs w/o oral argument. Oral argument set for 3/19/08 10:00 AM is CANCELLED. Signed by Judge Jay C. Zainey on 2/6/08.(gbw, ) (Entered: 02/07/2008)

ORDER denying 6 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Jay C. Zainey on 3/31/08. (jrc, ) (Entered: 04/01/2008)

NOTICE Scheduling Conference set for 5/14/2008 3:15 PM before courtroom deputy by telephone, by Clerk.(jrc, ) (Entered: 04/01/2008)

ANSWER to Complaint by Darlene W. Smith.(Haynes, Carol) (Entered: 04/11/2008)

SCHEDULING ORDER: Final Pretrial Conference set for 1/14/2009 4:30 PM, Bench Trial set for 2/9/2009 9:30 AM. Signed by Judge Jay C. Zainey on 5/14/08. (Attachments: # 1 Pretrial Notice Form)(jrc, ) (Entered: 05/16/2008)

ORDER: Settlement Conference set for 12/5/2008 02:00 PM before Magistrate Judge Karen Wells Roby.. Signed by Magistrate Judge Karen Wells Roby on 5/23/08.(NEF: Zainey)(bbc, ) (Entered: 05/27/2008)

EXPARTE/CONSENT MOTION to Amend/Correct 1 Complaint by Oren Adar, Mickey Ray Smith. (Attachments: # 1 Exhibit Consent of Opposing Counsel, # 2 Proposed Order, # 3 Proposed Pleading)(Upton, Kenneth) Modified on 6/27/2008 (gbw, ). (Entered: 06/26/2008)

ORDER granting 18 Motion to Amend Complaint. Signed by Judge Jay C. Zainey on 6/27/08. (gbw, ) (Entered: 06/30/2008)

AMENDED COMPLAINT against Darlene W. Smith filed by Oren Adar, Mickey Ray Smith.(gbw, ) (Entered: 06/30/2008)

ANSWER to 20 Amended Complaint by Darlene W. Smith.(Haynes, Carol) (Entered: 07/02/2008)

**DOCUMENT STRICKEN** NOTICE to Take Deposition of Defendant Darlene W. Smith by Oren Adar, Mickey Ray Smith.(Upton, Kenneth) Modified on 9/12/2008 (gec, ). (Entered: 09/11/2008)

Correction of Docket Entry by Clerk re 22 Notice to Take Deposition. Document has been stricken pursuant to Federal Rule of Civil Procedure 5(d). (gec, ) (Entered: 09/12/2008)

Witness and Exhibit List by all plaintiffs. (Upton, Kenneth) (Entered: 11/14/2008)

DEFICIENT. MOTION for Summary Judgment by Oren Adar, Mickey Ray Smith. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Appendix Attachment 1 - Smith Depo Excerpts, # 3 Appendix Attachment 2 - Affd Pltf Oren Adar, # 4 Appendix Attachment 3 - Affd of Pltf Mickey Ray Smith, # 5 Memorandum in Support)(Upton, Kenneth) Modified on 11/24/2008 (gbw, ). (Entered: 11/21/2008)

DEFICIENT. MOTION for Summary Judgment by Oren Adar, Mickey Ray Smith. Motion Hearing set for 12/10/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Appendix Attachment 1 - Darlene Smith Depo Excerpts, # 3 Appendix Attachment 2 - Affd Pltf Oren Adar, # 4 Appendix Attachment 3 - Affd of Pltf Mickey Ray Smith, # 5 Memorandum in Support)(Upton, Kenneth) Modified on 11/25/2008 (gbw, ). (Entered: 11/24/2008)

MOTION for Summary Judgment by Oren Adar, Mickey Ray Smith. Motion Hearing set for 12/10/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing, # 2 Statement of Contested/Uncontested Facts, # 3 Appendix Attachment 1 - Def Darlene Smith Depo Excerpts, # 4 Appendix Attachment 2 - Affd of Pltf Oren Adar, # 5 Appendix Attachment 3 - Affd of Pltf Mickey Ray Smith, # 6 Memorandum in Support)(Upton, Kenneth) (Entered: 11/25/2008)

ERROR: WRONG EVENT SELECTED. AFFIDAVIT in Opposition by Affiant carol haynes re 27 MOTION for Summary Judgment. (Haynes, Carol) Modified on 11/28/2008 (gbw, ). (Entered: 11/26/2008)

RESPONSE/MEMORANDUM in Opposition filed by Darlene W. Smith re 27 MOTION for Summary Judgment. (gbw, ) (Entered: 11/28/2008)

Correction of Docket Entry by Clerk re 28 Affidavit in Opposition to Motion. Filing attorney selected incorrect event. Correct event is Response/Memorandum in opposition to motion. Clerk took corrective action by re-docketing the event.(gbw, ) (Entered: 11/28/2008)

EXPARTE MOTION for Leave to File Reply Memorandum by Oren Adar, Mickey Ray Smith. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memo)(Doody, Spencer) Modified on 12/4/2008 (gbw, ). (Entered: 12/03/2008)

Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 12/3/2008; negotiations unsuccessful - settlement not reached; ORDERED that Settlement Conference set for 12/5/2008 02:00 PM is cancelled (rll, ) (NEF to Judge Zainey) (Entered: 12/04/2008)

Correction of Docket Entry by Clerk re 31 MOTION for Leave to File Reply Memorandum. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. Filing attorney did not select Mickey Ray Smith as a filer(s). Clerk added filer(s).Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action.(gbw, ) (Entered: 12/04/2008)

ORDER granting 31 Motion for Leave to File reply memo. Signed by Judge Jay C. Zainey on 12/3/08. (gbw, ) (gbw, ). (Entered: 12/04/2008)

Correction of Docket Entry by Clerk re 34 Order on Motion for Leave to File. image of document was not attached. Clerk took corrective action. (gbw, ) (Entered: 12/04/2008)

REPLY MEMORANDUM in Support filed by Oren Adar, Mickey Ray Smith re 27 MOTION for Summary Judgment. (gbw, ) (Entered: 12/05/2008)

ORDER & REASONS granting 27 Motion for Summary Judgment. Signed by Judge Jay C. Zainey on 12/22/08. (gbw, ) (Entered: 12/23/2008)

JUDGMENT entered in favor of Mickey Ray Smith, Oren Adar against Darlene W. Smith. Signed by Judge Jay C. Zainey on 12/29/08.(gbw, ) (Entered: 12/30/2008)

BILL OF COSTS by all plaintiffs. Hearing set for January 21, 2009 at 9:30 a.m. before Clerk of Court (Attachments: # 1 Notice of Hearing # 2 Exhibits)(Doody, Spencer) (Entered: 01/05/2009)

MOTION for Attorney Fees by Oren Adar, Mickey Ray Smith. Motion Hearing set for 1/21/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support Memo, # 2 Exhibit Attorney Time Report Summary, # 3 Notice of Hearing)(Upton, Kenneth) (Entered: 01/06/2009)

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Darlene W. Smith. (Attachments: # 1 Proposed Order)(Haynes, Carol) (Additional attachment(s) added on 1/14/2009: # 2 Main Document) (gbw, ). (Entered: 01/13/2009)

DEFICIENT. MOTION for New Trial by Darlene W. Smith. Motion Hearing set for 3/18/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support)(Haynes, Carol) Modified on 1/14/2009 (gbw, ). (Entered: 01/13/2009)

Correction of Docket Entry by Clerk re 41 MOTION to Enroll as Counsel of Record. Proposed Order should be added as a separate attachment to the motion and not as part of the motion. Clerk took corrective action. No further action is necessary. (gbw, ) (Entered: 01/14/2009)

Correction of Docket Entry by Clerk re 41 MOTION to Enroll as Counsel of Record. Document's signature line is either incomplete or blank. All future documents must reflect either an original signature or an electronic signature of the filing attorney following the format 's/ (attorney name)'. No further action is necessary. (gbw, ) (Entered: 01/14/2009)

ERROR: MOTION WITH MULTIPLE RELIEFS FILED AS ONE RELIEF. MOTION for New Trial by Darlene W. Smith. Motion Hearing set for 3/18/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Haynes, Carol) Modified on 1/14/2009 (gbw, ). (Entered: 01/14/2009)

Correction of Docket Entry by Clerk re 45 MOTION for New Trial. Filing attorney selected only one relief for a multiple-relief motion. To select multiple reliefs, you must select all applicable reliefs by pressing the 'control key' and clicking the additional reliefs before clicking the Next button. Clerk took corrective action by re-docketing the document using the reliefs MOTION for New Trial, MOTION to Dismiss. (gbw, ) (Entered: 01/14/2009)

MOTION for New Trial, MOTION to Dismiss by Darlene W. Smith. Motion Hearing set for 3/18/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(gbw, ) (Entered: 01/14/2009)

ORDER granting 41 Motion to Enroll S. Kyle Duncan as additional counsel for Darlene W. Smith. Signed by Judge Jay C. Zainey on 1/15/09. (jrc, ) (Entered: 01/15/2009)

NOTICE OF APPEAL by Darlene W. Smith as to 38 Judgment. Filing fee $ 455 Paid.(Duncan, Stuart) Modified on 1/21/2009 (gbw, ). Modified on 1/27/2009 (gbw, ). (Entered: 01/20/2009)

Bill of Costs Taxed in amount of $682.20. Signed by Clerk on 1/21/09. (gbw, ) (Entered: 01/23/2009)

USCA Appeal Fees received $ 455 re 49 Notice of Appeal filed by Darlene W. Smith. (gbw, ) (Entered: 01/27/2009)

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 47 MOTION for New Trial MOTION to Dismiss. (Upton, Kenneth) (Entered: 01/23/2009)

DEFICIENT. REPLY to Response to Motion filed by Darlene W. Smith re 47 MOTION for New Trial MOTION to Dismiss. (Duncan, Stuart) Modified on 2/2/2009 (gbw, ). (Entered: 01/30/2009)

EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiffs' Opposition to Motion for New Trial and Motion to Dismiss by Darlene W. Smith. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Duncan, Stuart) (Entered: 02/02/2009)

EXPARTE/CONSENT MOTION for Leave to File Supplemental Authority by Oren Adar, Mickey Ray Smith. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Upton, Kenneth) (Entered: 02/02/2009)

ORDER granting 54 Motion for Leave to File reply to plaintiff's opposition to motion for new trial and motion to dismiss. Signed by Judge Jay C. Zainey on 2/3/09. (gbw, ) (Entered: 02/04/2009)

ORDER granting 55 Motion for Leave to File supplemental authority in opposition to motion for new trial. Signed by Judge Jay C. Zainey on 2/3/09. (gbw, ) (Entered: 02/04/2009)

Certified and Transmitted Record on Appeal to US Court of Appeals re 49 Notice of Appeal. USCA Case Number 09-30036. (gbw, ) (Entered: 02/04/2009)

REPLY to Response to Motion filed by Darlene W. Smith re 47 MOTION for New Trial MOTION to Dismiss. (gbw, ) (Entered: 02/04/2009)

SUPPLEMENTAL AUTHORITY in Opposition filed by Oren Adar re 47 MOTION for New Trial MOTION to Dismiss. (gbw, ) (Entered: 02/04/2009)

MOTION to Enforce Judgment In Part by Oren Adar, Mickey Ray Smith. Motion Hearing set for 3/4/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Upton, Kenneth) (Entered: 02/06/2009)

RESPONSE/MEMORANDUM in Opposition filed by Darlene W. Smith re 62 MOTION to Enforce Judgment In Part. (Duncan, Stuart) (Entered: 02/12/2009)

MOTION to Continue Plaintiffs' March 4 hearing on Motion for Partial Enforcement of Judgment to March 18 by Darlene W. Smith. Motion Hearing set for 3/4/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Duncan, Stuart) (Entered: 02/12/2009)

EXPARTE/CONSENT MOTION to Expedite, MOTION for Hearing re 64 MOTION to Continue Plaintiffs' March 4 hearing on Motion for Partial Enforcement of Judgment to March 18 by Darlene W. Smith. (Attachments: # 1 Proposed Order)(Duncan, Stuart) (Entered: 02/12/2009)

MOTION to Stay Judgment of December 29, 2008 by Darlene W. Smith. Motion Hearing set for 3/18/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Duncan, Stuart) (Entered: 02/12/2009)

ORDER SETTING ORAL ARGUMENT on 47 MOTION for New Trial MOTION to Dismiss, 40 MOTION for Attorney Fees, 66 MOTION to Stay Judgment of December 29, 2008, FURTHER ORDERED that the 64 MOTION to Continue Plaintiffs' March 4 hearing on Motion for Partial Enforcement of Judgment to March 18, 65 MOTION to Expedite are GRANTED. The hearing on 62 MOTION to Enforce Judgment In Part is set for hrg on 3/18/09.. Signed by Judge Jay C. Zainey on 2/19/09.(gbw, ) (Entered: 02/20/2009)

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 66 MOTION to Stay Judgment of December 29, 2008. (Attachments: # 1 Exhibit Perdue v Ms Bd of Health)(Upton, Kenneth) (Entered: 03/03/2009)

ORDER DENYING 47 Motion for New Trial/Motion to Dismiss; GRANTING 62 Motion to Enforce Judgment; DENYING 66 Motion to Stay Judgment, ordering that the State Registrar, Office of Vital Records and Statistics issue a completed birth certificate reflecting the names of the adoptive parents in accordance with this Court's Judgment within 15 days of the signing of this order; DEFERRING 40 Motion for Attorney Fees, Defendant shall file a response within 15 days of the signing of this order. Signed by Judge Jay C. Zainey. (jrc, ) (Entered: 03/18/2009)

Minute Entry for proceedings held before Judge Jay C. Zainey: Motion Hearing held on 3/18/2009 re 66 MOTION to Stay Judgment of December 29, 2008 filed by Darlene W. Smith, 40 MOTION for Attorney Fees filed by Oren Adar, Mickey Ray Smith, 62 MOTION to Enforce Judgment In Part filed by Oren Adar, Mickey Ray Smith, 47 MOTION for New Trial MOTION to Dismiss filed by Darlene W. Smith. A Separate order will be issued. (Court Reporter Vic DiGiorgio.) (Attachments: # 1 Exhibit) (gbw, ) (Entered: 03/19/2009)

EXPARTE/CONSENT MOTION for Leave to File Supplement to Motion for Attorney Fees by Oren Adar, Mickey Ray Smith. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Supplement to Motion for Atty Fees)(Upton, Kenneth) (Entered: 03/20/2009)

ORDER granting 71 Motion for Leave to supplement motion for attorney fees. Signed by Judge Jay C. Zainey on 3/23/09. (gbw, ) (Entered: 03/24/2009)

Supplement to Document by Oren Adar, Mickey Ray Smith re 40 MOTION for Attorney Fees. (Attachments: # 1 Exhibit)(gbw, ) (Entered: 03/24/2009)

APPEAL TRANSCRIPT REQUEST by Darlene W. Smith for proceedings held on 3/18/09 re 49 Notice of Appeal. (gbw, ) (Entered: 03/26/2009)

Supplemental Record on Appeal transmitted to US Court of Appeals re 49 Notice of Appeal.(gbw, ) (Entered: 03/26/2009)

ORDER of USCA as to 49 Notice of Appeal filed by Darlene W. Smith; ORDERED that the Motion for Stay Pending Appeal is GRANTED by Circuit Judges: Smith and Stewart. (Attachments: # 1 Letter)(gbw, ) (Entered: 03/30/2009)

APPEAL TRANSCRIPT of Motion Hearing held on March 18, 2009 before Judge Jay C. Zainey. Court Reporter/Recorder Vic DiGiorgio, Telephone number (504) 589-7782. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 6/29/2009. (clu, ) (Entered: 03/31/2009)

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Darlene W. Smith. (Attachments: # 1 Proposed Order)(Haynes, Carol) (Entered: 04/01/2009)

RESPONSE to Motion filed by Darlene W. Smith re 40 MOTION for Attorney Fees, 71 MOTION for Leave to File Supplement to Motion for Attorney Fees. (Haynes, Carol) (Entered: 04/01/2009)

ORDER granting 78 Motion to Enroll Babatunde Mobolade Animashaun as Co-Counsel of Record for defendant Darlene W. Smith. Signed by Judge Jay C. Zainey on 4/1/09. (jrc, ) (Entered: 04/03/2009)

Supplemental Record on Appeal transmitted to US Court of Appeals re 49 Notice of Appeal, 81 Amended Notice of Appeal (rll, ) (Entered: 04/09/2009)

Appeal Record on Loan re 49 Notice of Appeal, 81 Amended Notice of Appeal - 1 Volume of Original Record, 2 Supplemental Record Volumes. (rll, ) (Entered: 04/09/2009)

AMENDED NOTICE OF APPEAL by Darlene W. Smith as to 69 Order on Motion for Attorney Fees, Order on Motion for New Trial, Order on Motion to Dismiss, Order on Motion to Enforce Judgment, Order on Motion to Stay. (Duncan, Stuart) Modified on 4/13/2009 (gbw, ). (Entered: 04/03/2009)

ORDER dismissing 40 Motion for Attorney Fees without prejudice pending the decision of the appellate court as set forth therein. Signed by Judge Jay C. Zainey on 4/7/09. (rll, ) (Entered: 04/09/2009)

Supplemental Record on Appeal transmitted to US Court of Appeals re 49 Notice of Appeal, 81 Amended Notice of Appeal. (gbw, ) (Entered: 04/13/2009)

Appeal Record on Loan to Kenneth D. Upton, Jr re 49 Notice of Appeal, 81 Amended Notice of Appeal - 1 Volume of Original Record, 3 Supplemental Record Volumes. (gec, ) (Entered: 06/02/2009)

ORDER of USCA as to 49 Notice of Appeal filed by Darlene W. Smith, 81 Amended Notice of Appeal, filed by Darlene W. Smith. ORDERED that appellee's motion for appeal-related attorneys' fees is DENIED. USCA Judge Name: Edith H. Jones.(gbw, ) (Entered: 04/18/2011)

USCA JUDGMENT issued as mandate on 5/4/2011 as to 81 Amended Notice of Appeal, filed by Darlene W. Smith, 49 Notice of Appeal filed by Darlene W. Smith. ORDERED that the judgment of the District Court is reversed and remanded for entry of judgment of dismissal. FURTHER ORDERED that the Appellees Oren Adar and Mickey Ray Smith pay to Appellant Darlene W. Smith the costs on appeal to be taxed by the Clerk of this Court. USCA judge name: Jones, Reavley, Jolly, Davis, Smith, Wiener, Garza, Benavides, Stewart, Dennis, Clement, Prado, Owen, Elrod, Southwick and Haynes. (gbw, ) (Entered: 05/05/2011)

Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: 49 Notice of Appeal, 81 Amended Notice of Appeal, (gbw, ) (Entered: 05/17/2011)

JUDGMENT entered in favor of Darlene W. Smith against Mickey Ray Smith, Oren Adar, dismissing plaintiffs' complaint. Signed by Judge Jay C. Zainey on 5/18/2011.(gbw, ) (Entered: 05/20/2011)

Letter from U.S. Supreme Court denying Writ of Certiorari. (blg) (Entered: 10/20/2011)