Professional Documents
Culture Documents
by Joseph Zernik
Human Rights Alert DN: cn=Joseph
PO Box 526, La Verne, CA 91750 Zernik, o, ou,
email=jz12345@e
Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2010.12.11
08:23:35 +02'00'
Scribd: http://www.scribd.com/Human_Rights_Alert
12-12-11 Maid Of The Mist Corporation et al v William Windsor (10-10139) in the US Court
of Appeals, 11th Circuit
1. Case Summary … 2
2. Docket … 4
3. May 3, 2010 Order Denying Emergency Motion … 10
4. July 23, 2010 Opinion … 12
5. July 23, 2010 Judgment … 18
6. November 17, 2010 Mandate … 19
Notes:
1. Case Summary and Docket:
a. No record numbers are designated for the entries in the Docket.
b. No name and authority is listed as to the individuals who entered notations and records in the Case
Summary and Docket.
c. Date of Entry of Judgment in the US District Court – critical data for determination of the validity
of the Appeal as a whole is never mentioned in the Case Summary and Docket.
d. The records, which are linked to the Case Summary and Docket fail to bear any valid signature of
a Circuit Judge.
e. All Attestations by the Clerk (NDAs – Notices of Docket Activity) are excluded from the Docket.
2. May 3, 2010 Order Denying Emergency Motion:
a. The Order is not signed by any Circuit Judge.
b. The May 3, 2010 Memorandum (p11) is not signed, and is not the valid Attestation record of the
Court.
3. July 23, 2010 Opinion:
a. The Opinion is not signed
b. The July 23, 2010 Memorandum (p17) is not signed, and is not the valid Attestation record of the
Court.
4. July 23, 2010 Judgment:
a. No record of Judgment is linked to the Docket entry of Judgment.
5. November 17, 2010 Mandate:
a. The judgment in fact is vacuous, it says nothing at all.
b. There is no signature of a Judge on the "Judgment", not even a name of a judge.
c. The "attached opinion" is referenced in an invalid manner, no date, name of the document, name
of its author.
d. The “attached opinion” is not attached.
e. The authority of "Nancy Gilman" was never stated, and she never signed the record either.
f. The November 17, 2010 Letter Issuing Mandate (p20) is unsigned.
Conclusion:
For all the reasons listed above, the PACER records and the docket as a whole cannot be deemed as valid
judicial records.
12/11/2010 10-10139 Summary
If you view the Full Docket you will be charged for 3 Pages $0.24
General Docket
United States Court of Appeals for the Eleventh Circuit
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12/11/2010 10-10139 Summary
08/06/2010 MOTION for extension of time to file appellant's brief, motions, and responses to any type to 10/01/2010 filed by
William M. Windsor for William M. Windsor. Opposition to Motion is Unknown [6113764-1]
08/06/2010 MOTION for extension of time to file request for rehearing to 10/01/2010 filed by William M. Windsor for William M.
Windsor. Opposition to Motion is Unknown [6113799-1]--[Edited 08/27/2010 by JT] MOTION for publication of opinion
filed by William M. Windsor for William M. Windsor. Opposition to Motion is Unknown [6113799-1]
08/26/2010 MOTION for extension of time to file appellant's briefs, motions, and responses of any type to 10/15/2010 filed by
William M. Windsor for William M. Windsor. Opposition to Motion is Unknown [6127439-1]
09/08/2010 ORDER: Motion for extension to file appellant brief filed by Appellant William M. Windsor is DENIED as
UNNECESSARY. [6127439-2] in 10-10139, Motion for extension to file appellant brief filed by Appellant William M.
Windsor is DENIED as UNNECESSARY. [6113764-2] in 10-10139; On its own motion, the Court hereby EXTENDS
the due date for appellant's brief in 10-11981 to 09/22/2010 JFD [10-10139, 10-11981]
09/13/2010 ORDER: Motion for extension to file request for rehearing filed by Appellant William M. Windsor is GRANTED IN
PART. Petition for Rehearing due fourteen (14) days of the date of this order (due on 09/27/2010).; Motion for
publication of opinion filed by Appellant William M. Windsor is DENIED. [6113799-3] JFD, WHP and RLA
09/24/2010 MOTION for extension of time to file request for rehearing to 10/15/2010. filed by William M. Windsor. Motion is
Opposed [6144750-1]
09/29/2010 Petition for rehearing en banc filed by Appellant William M. Windsor.--[Edited 11/08/2010 by SPT]
09/29/2010 ORDER: Appellant's "Emergency Motion for Extension of Time", which seeks to extend the due date for Appellant's
petition for rehearing until October 15, 2010, is GRANTED. (JFD)
11/08/2010 ORDER: The Petition(s) for Rehearing are DENIED and no Judge in regular active service on the Court having
requested that the Court be polled, the Petition(s) for Rehearing En Banc filed by Appellant William M. Windsor are
DENIED. [6171273-1]--[Edited 11/08/2010 by SPT]
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12/11/2010 10-10139 Docket
General Docket
United States Court of Appeals for the Eleventh Circuit
Prior Cases:
07-14214
Date Filed: 03/28/2006 Date Disposed: 01/07/2010 Disposition: Affirmed
07-14235
Date Filed: 03/28/2006 Date Disposed: 09/19/2008 Disposition: Affirmed
07-15200
Date Filed: 03/28/2006 Date Disposed: 01/07/2010 Disposition: Affirmed
07-15203
Date Filed: 03/28/2006 Date Disposed: 09/19/2008 Disposition: Affirmed
07-15865
Date Filed: 03/28/2006 Date Disposed: 09/19/2008 Disposition: Affirmed In Part and Reversed In Part
07-15867
Date Filed: 03/28/2006 Date Disposed: 09/19/2008 Disposition: Affirmed In Part and Reversed In Part
09-13086
Date Filed: 03/28/2006 Date Disposed: 02/02/2010 Disposition: -
09-15232
Date Filed: 03/28/2006 Date Disposed: 01/29/2010 Disposition: -
09-16448
Date Filed: 03/28/2006 Date Disposed: 01/29/2010 Disposition: -
09-16493
Date Filed: 03/28/2006 Date Disposed: 01/29/2010 Disposition: -
Current Cases:
Lead Member Start End
Consolidated
10-11758 10-11981 10/14/2010
10-11758 10-12515 06/01/2010
10-11758 10-12516 10/14/2010
Related
10-10139 10-10698 02/17/2010
10-10139 10-10699 02/17/2010
10-10139 10-10700 02/17/2010
10-10139 10-10701 02/17/2010
10-10139 10-11758 04/20/2010
10-10139 10-11981 05/03/2010
10-10139 10-12515 06/01/2010
10-10139 10-12516 06/01/2010
10-10139 10-12517 06/01/2010
10-10139 10-12731 06/15/2010
10-10139 10-13034 07/06/2010
10-10139 10-13330 07/20/2010
10-11758 10-15587 12/07/2010
10-11981 10-15587 12/07/2010
10-12515 10-15587 12/07/2010
10-12516 10-15587 12/07/2010
ecf.ca11.uscourts.gov/…/TransportRoom 1/6
12/11/2010 10-10139 Docket
10-12731 10-15587 12/07/2010
10-13034 10-15587 12/07/2010
10-13330 10-15587 12/07/2010
Marc W. Brown, -
Direct: 716-504-5755
[NTC Retained]
Phillips Lytle, Llp
3400 Hsbc Center
Buffalo, NY 14203
Brett A. Mendell, -
[NTC Retained]
Hawkins & Parnell
303 Peachtree Street, N.e.
4000 SunTrust Plaza
Atlanta, GA 30308-3243
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12/11/2010 10-10139 Docket
MAID OF THE MIST CORPORATION,
MAID OF THE MIST STEAMBOAT COMPANY, LTD.,
Plaintiffs - Counter-
Defendants-Appellees
versus
Defendants-Counter-
Claimants,
WILLIAM M. WINDSOR,
Defendant - Counter
Claimant- Appellant.
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12/11/2010 10-10139 Docket
01/11/2010 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant William M. Windsor on 12/31/2009. Fee
2 pg, 43.75 KB Status: Fee Not Paid.
01/11/2010 The Transcript Order Form has not been filed as to Appellant William M. Windsor. There are no hearings
to be transcribed.
01/19/2010 Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed
01/20/2010 Appellate fee paid was paid on 01/20/2010 as to Appellant William M. Windsor.
01/26/2010 APPEARANCE of Counsel filed by Attorney Carl Hugo Anderson Jr. for Appellee Maid Of The Mist
Corporation in 10-10139.
01/26/2010 APPEARANCE of Counsel filed by Attorney Sarah Louise Bright for Appellee Maid Of The Mist
Corporation in 10-10139.
02/05/2010 Briefing Notice issued to Appellant William M. Windsor. The appellant brief and record excerpts are due
2 pg, 39.9 KB on or before 02/22/2010.
02/22/2010 Appellant's Brief filed by Party William M. Windsor for Appellant William M. Windsor. Service date:
02/22/2010 by US mail - Attorney for Appellee(s): Anderson, Bright, Brown.
02/22/2010 Record Excerpts filed by Party William M. Windsor for Appellant William M. Windsor. Service date:
02/22/2010 US mail - Attorney for Appellee(s): Anderson, Bright, Brown.
03/19/2010 Over the phone extension granted by clerk. Appellee's Brief due on 04/05/2010 as to Appellee Maid Of The
Mist Corporation.
03/19/2010 Confirmation letter for a 7-day extension filed by Attorney Carl H. Anderson, Jr. for Appellee Maid Of The
Mist Corporation.
04/05/2010 Appellee's Brief filed by Attorney Carl H. Anderson, Jr. for Appellee Maid Of The Mist Corporation. Service
date: 04/05/2010 US mail - Appellant Windsor.
04/06/2010 E-Brief Tendered: Appellee brief for Appellees Maid Of The Mist Corporation and Maid Of The Mist
61 pg, 195.53 KB Steamboat Company, Ltd..
04/15/2010 Record on Appeal filed as to Appellant William M. Windsor. Record Part: 56 vols of Pleadings (vol 56
sealed), 3 vols of Transcripts, 4 Boxes & 2 Folders of Exhibits (the 2 Folders of exhibits are in boxes
w/ROA labeled vols 45-49 & 50-52).
04/16/2010 Certificate of Readiness filed as to Appellant William M. Windsor.
04/26/2010 EMERGENCY MOTION to stay further appellate proceedings filed by William M. Windsor for William M.
Windsor. Opposition to Motion is Unknown [6053050-1]
04/27/2010 MOTION to file supplemental brief filed by William M. Windsor for William M. Windsor. Opposition to
Motion is Unknown [6056080-1]
04/28/2010 Supplement to Emergency Motion for stay filed by William M. Windsor for William M. Windsor. [6054816-
47 pg, 1.5 MB 1]
04/29/2010 Received: Amy Nerenberg's memo/Emergency motion where Appellant Claims Imminent Harm to be
attached to admin papers as FYI.
04/30/2010 MOTION for leave to file Reply brief out of time filed by William M. Windsor for William M. Windsor.
Opposition to Motion is Unknown [6076191-1]
05/03/2010 ORDER: Appellant's "Emergency Motion for Stay Dated 4/26/10" is DENIED as Appellant has failed to
2 pg, 63.31 KB show that he is entitled to a stay or any of the other relief that he seeks in this motion... [6053050-2]
CRW, WHP and BBM
05/03/2010 MOTION to Strike Brief of Plaintiffs/Appellees Maid of the Mist Corporation and Maid of the Mist
Steamboat Company Limited filed by William M. Windsor for William M. Windsor. Opposition to Motion is
Unknown [6064246-1]
05/17/2010 EMERGENCY MOTION to stay further appellate proceedings filed by William M. Windsor for William M.
36 pg, 1.3 MB Windsor. Opposition to Motion is Unknown [6064244-1]
07/23/2010 Opinion issued by court as to Appellant William M. Windsor. Decision: Affirmed. Opinion type: Non-
6 pg, 92.8 KB Published. Opinion method: Per Curiam.
07/23/2010 ORDER: Motion to file supplemental brief filed by Appellant William M. Windsor is DENIED. [6056080-2]
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12/11/2010 10-10139 Docket
1 pg, 39.02 KB is DENIED.; Motion to stay further appellate proceedings filed by Appellant William M. Windsor is
DENIED. [6064244-2]; Motion to strike filed by Appellant William M. Windsor is DENIED. [6064246-2];
Motion for Leave to File reply brief Out of Time filed by Appellant William M. Windsor is GRANTED. JFD,
WHP and RLA--[Edited 07/23/2010 by NG]
07/23/2010 Reply Brief filed by Appellant William M. Windsor. Service 04/30/2010 US mail - Attorney for Appellee(s):
Anderson, Bright, Brown.
08/06/2010 MOTION for extension of time to file appellant's brief, motions, and responses to any type to 10/01/2010
56 pg, 2.79 MB filed by William M. Windsor for William M. Windsor. Opposition to Motion is Unknown [6113764-1]
08/06/2010 MOTION for extension of time to file request for rehearing to 10/01/2010 filed by William M. Windsor for
42 pg, 1.94 MB William M. Windsor. Opposition to Motion is Unknown [6113799-1]--[Edited 08/27/2010 by JT] MOTION for
publication of opinion filed by William M. Windsor for William M. Windsor. Opposition to Motion is
Unknown [6113799-1]
08/26/2010 MOTION for extension of time to file appellant's briefs, motions, and responses of any type to 10/15/2010
20 pg, 604.09 KB filed by William M. Windsor for William M. Windsor. Opposition to Motion is Unknown [6127439-1]
09/08/2010 ORDER: Motion for extension to file appellant brief filed by Appellant William M. Windsor is DENIED as
3 pg, 104.73 KB UNNECESSARY. [6127439-2] in 10-10139, Motion for extension to file appellant brief filed by Appellant
William M. Windsor is DENIED as UNNECESSARY. [6113764-2] in 10-10139; On its own motion, the
Court hereby EXTENDS the due date for appellant's brief in 10-11981 to 09/22/2010 JFD [10-10139, 10-
11981]
09/13/2010 ORDER: Motion for extension to file request for rehearing filed by Appellant William M. Windsor is
2 pg, 69.54 KB GRANTED IN PART. Petition for Rehearing due fourteen (14) days of the date of this order (due on
09/27/2010).; Motion for publication of opinion filed by Appellant William M. Windsor is DENIED.
[6113799-3] JFD, WHP and RLA
09/24/2010 MOTION for extension of time to file request for rehearing to 10/15/2010. filed by William M. Windsor.
Motion is Opposed [6144750-1]
09/29/2010 Petition for rehearing en banc filed by Appellant William M. Windsor.--[Edited 11/08/2010 by SPT]
36 pg, 1.55 MB
09/29/2010 ORDER: Appellant's "Emergency Motion for Extension of Time", which seeks to extend the due date for
2 pg, 253.77 KB Appellant's petition for rehearing until October 15, 2010, is GRANTED. (JFD)
11/08/2010 ORDER: The Petition(s) for Rehearing are DENIED and no Judge in regular active service on the Court
3 pg, 103.08 KB having requested that the Court be polled, the Petition(s) for Rehearing En Banc filed by Appellant William
M. Windsor are DENIED. [6171273-1]--[Edited 11/08/2010 by SPT]
11/17/2010 Mandate issued as to Appellant William M. Windsor.
2 pg, 61.74 KB
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12/11/2010 10-10139 Docket
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Case: 10-10139 Date Filed: 05/03/2010 Page: 1 of 1
FILED
U.S. COURT OFAPPEALS
IN THE UNITED STATES C OURT 0 F AP EAL _
~ ElEVENTH CIRCUIT
MAY 032010
FOR THE ELEVENTH CIRCUIT
JOHN LEY
CLERK
No. 10-10139-AA
Plaintiffs-Counter-Defendants-Appellees
versus
WILLIAM M. WINDSOR,
Defendant-Counter-Claimant-Appellant.
BY THE COURT:
Appellant's "Emergency Motion for Stay Dated April 26, 2010" is DENIED
as Appellant has failed to show that he is entitled to a stay or any of the other relief
that he seeks in this motion. See Nken v. Holder, _ U.S._, 129 S.Ct. 1749
(2009).
07/23/2010 r Judgment entered as to Appellant William M. Windsor.
Plaintiffs - Counter-
Defendants-Appellees
versus
Defendants-Counter-
Claimants,
WILLIAM M. WINDSOR,
Defendant - Counter
Claimant- Appellant.
JUDGMENT
It is hereby ordered, adjudged, and decreed that the attached opinion included herein by reference, is
entered as the judgment of this Court.