Case: 06-50955 Document: 0051292404 Page: 1 Date Filed: 10/11/2007
United States Court of Appeals
FIFTH CIRCUIT
OFFICE OF THE CLERK
CHARLES R. FULBRUGE III TEL. 504-310-7700
CLERK 600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130
October 11, 2007
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Regarding:
Fifth Circuit Statement on Petitions for Rehearing or
Rehearing En Banc
No. 06-50955 Lisson v. ING Groep NV
USDC No. 1:05-CV-852
Enclosed is a copy of the court's decision. The court has entered
judgment under FED. R. APP. P. 36. (However, the opinion may yet
contain typographical or printing errors which are subject to
correction.)
FED. R. APP. P. 39 through 41, and 5TH CIR. RULES 35, 39, and 41 govern
costs, rehearings, and mandates. 5TH CIR. RULES 35 and 40 require you to
attach to your petition for panel rehearing or rehearing en banc an
unmarked copy of the court's opinion or order. Please read carefully
the Internal Operating Procedures (IOP's) following FED. R. APP. P. 40
and 5TH CIR. R. 35 for a discussion of when a rehearing may be
appropriate, the legal standards applied and sanctions which may be
imposed if you make a nonmeritorious petition for rehearing en banc.
Direct Criminal Appeals. 5TH CIR. R. 41 provides that a motion for a
stay of mandate under FED. R. APP. P. 41 will not be granted simply
upon request. The petition must set forth good cause for a stay or
clearly demonstrate that a substantial question will be presented to
the Supreme Court. Otherwise, this court may deny the motion and issue
the mandate immediately.
Pro Se Cases. If you were unsuccessful in the district court and/or on
appeal, and are considering filing a petition for certiorari in the
United States Supreme Court, you do not need to file a motion for stay
of mandate under FED. R. APP. P. 41. The issuance of the mandate does
not affect the time, or your right, to file with the Supreme Court.
The judgment entered provides that each party bear its own costs on
appeal.
Sincerely,
CHARLES R. FULBRUGE III, Clerk
By:
Joseph Armato, Deputy Clerk
Enclosure
Mr Stephen N Lisson
Mr Charles Ashley Callahan
Ms Mary Schaerdel Dietz
Ms Marcy Hogan Greer
(Document certified by Superintendent of Documents <pkisupport@gpo.gov>) Signed by Superintendent of Documents <pkisupport@gpo.gov> Time: 2013.07.10 01:05:25 Z Reason: GPO attests that this document has not been altered since it was disseminated by GPO Location: US GPO, Washington, DC 20401
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Case: 06-50955 Document: 0051292404 Page: 2 Date Filed: 10/11/2007
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