December 8, 2021

Volume XI, Number 342

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December 07, 2021

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December 06, 2021

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TCPAWorld After Dark: Here’s the Order Setting the En Banc Appeal in Hunstein

Just a reminder–I was right. Here’s the Order setting briefing. Note the issue on appeal. Right again. Amicus briefs due January 18, 2021.

MEMORANDUM TO COUNSEL OR PARTIES

Appeal Number: 19-14434-U

Case Style: Richard Hunstein v. Preferred Collection District Court Docket No: 8:19-cv-00983-TPB-TGW

For the purpose of the upcoming en banc rehearing in the above referenced case, the court desires for counsel to focus their briefs on the following issue:

Does Mr. Hunstein have Article III standing to bring this lawsuit?{nope}

APPELLANT’S EN BANC BRIEF SHALL BE SERVED AND ELECTRONICALLY FILED ON OR BEFORE DECEMBER 23, 2021.

APPELLEE’S EN BANC BRIEF SHALL BE SERVED AND ELECTRONICALLY FILED ON OR BEFORE JANUARY 18, 2022.

An en banc reply brief shall be electronically filed on or before February 1, 2022.

NO EXTENSIONS WILL BE GRANTED.

Parties should format their briefs according to Federal Rules of Appellate Procedure 28 and 32 and shall contain the title “En Banc Brief”. Each brief must adhere to the page and type-volume limitations Rule 32(a)(7).

Fifteen (15) copies of the en banc briefs should be filed (appellant’s in blue covers, appellee’s in red covers and any reply in gray covers). Counsel is expected to serve all parties a copy of their brief by the close of business on the day of filing.

PAPER COPIES OF THE BRIEFS SHOULD BE RECEIVED THE NEXT BUSINESS DAY.

Counsel is not required to submit the additional copies of the previous filed briefs.

The filing of an en banc amicus brief is governed by 11thCir.R.35-8.

Oral argument will be conducted the week of February 21, 2022 in Atlanta, Georgia. Each party will be allotted twenty (20) minutes per side for oral argument. Counsel will receive subsequent correspondence regarding the specific time of oral argument.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 328
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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