Motion 2

USCA11 Case: 20-10337 Date Filed: 11/02/2021 Page: 1 of 4
UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
ATLANTA DIVISION
JOHNNY BLASH, x
Appellant, :
vs. : No. 20-10337-D
WILLIAM CAPE, et al. :
Appellees. :
_____________________________________ x
JOINT MOTION TO EXTEND THE TIME TO FILE

PETITION FOR REHEARING OR REHEARING EN BANC
TO FACILITATE AN AGREED UPON SETTTLEMENT
Appellant and Appellees herein, by their respective counsel of record, jointly
move this Court for extension of time to file any petitions for rehearing or
rehearing en banc to November 23, 2021 in order to allow the parties to complete
the necessary paperwork following a successful mediation and settlement in this
matter. In support of this motion, the parties set forth as follows:
1. This Court issued a decision in this matter on April 21, 2021, affirming in
part and reversing in part the decision and order of the District Court.
2. On May 4, 2021 Appellant and Appellees sought and obtained over the
phone extensions of time until June 2, 2021 to file any petition for rehearing or
rehearing en banc.
1
3. On May 28, 2021, the parries filed a joint motion requesting a further
extension to September 7, 2021 to file any of the aforesaid motions, in order to
facilitate a mediation that was scheduled for August 17, 2021. The Court granted
that motion.
4. The parties subsequently filed a second joint motion seeking to extend the
time to file the aforesaid motions to November 1, 2021, for the same purpose,
which was also granted by this Court.
5. On November 1, 2021, the parties agreed to a settlement in this matter.
Counsel for the parties are currently drafting a formal settlement agreement and
expect to have that process completed shortly. When a signed settlement
agreement has been signed by the parties, they will file a stipulation of dismissal
with this Court.
6. This motion is being filed to avoid the unnecessary issuance of a mandate
to the District Court and thus to avoid further burdening either this Court or the
District Court regarding a matter that has been settled.
7. In view of the foregoing, the parties respectfully request that the time for
them to file any petition for rehearing or rehearing en banc be extended to and
including November 23, 2021.
2
WHEREFORE, it is respectfully requested that the time for the parties in
this matter to file any petition for rehearing or rehearing en banc be extended to
and including November 23, 2021.
Respectfully submitted this 1st day of November 2021.
/s/ Robert N. Marx /s/ Derrick L. Bingham*

Robert N. Marx Derrick L. Bingham
Georgia Bar No. 475280 Georgia Bar No. 141217
Jean Simonoff Marx Owen, Gleaton, Egan, Jones
Georgia Bar No. 475276 & Sweeney, LLP
MARX & MARX, LLC 303 Peachtree Street, N.E., Suite 2850
1050 Crown Pointe Parkway Atlanta, GA 30308
Atlanta, GA 30338 Tel. (404) 688-2600
Tel: (404) 261-9559 [email protected]
[email protected] Counsel for Appellees
Counsel for Appellant * By Robert N. Marx w/e/p.
Certificate of Compliance with Type-Volume Limit,

Typeface Requirements, and Type-Style Requirements
1. This document complies with the type-volume limit of Fed. R. App.

P. 32(a)(7)(B)(i), excluding the portions excludable from that calculation pursuant
to Fed. R. App. P. 32(f). This document contains 386 words, excluding those
portions excludable pursuant to Fed. R. App. P. 32(f).
2. This document complies with the typeface requirements of Fed. R.

App. P. 32(a)(5) and the type-style requirements of Fed. R. App. P. 32(a)(6)
because this document has been prepared in a proportionally spaced typeface using
Microsoft Office 2007 in Times New Roman 14.
_s/Robert N. Marx_______
Robert N. Marx
Georgia Bar No. 475280
3
Marx & Marx, L.L.C.

1050 Crown Pointe Parkway, Ste. 500
Atlanta, GA 30338
Tel. (404) 261-9559
Email: [email protected]
4

ATLANTA DIVISION
JOHNNY BLASH, x
Appellant, :
vs. : No. 20-10337-D
WILLIAM CAPE, et al. :
Appellees. :
_____________________________________ x
APPELLANT JOHNNY BLASH’S AMENDED

CERTIFICATE OF INTERESTED PERSONS
1. Pursuant to Federal Rules of Appellate Procedure and Eleventh Circuit
Rule 26.1-1, Appellant Johnny Blash, certifies, by and through his undersigned
counsel of record, that to his knowledge the following constitutes a complete list of
the trial judge, attorneys, persons, associations of persons, firms, partnerships, and
corporations that have an interest in the outcome of this appeal:
Blash, Johnny, Appellant
Bingham, Derrick L., Attorney for Appellees
Brannen, Danny, Individually and in his Official Capacity as Sheriff, Pulaski
County, Georgia, Appellee
Cape, William B., Executor of the Estate of Billy W. Cape, Appellee
Cronin, Donald Andrew, Jr., Attorney for Appellees
Page C-1 of 3

JOHNNY BLASH v. WILLIAM CAPE et al.
CERTIFICATE OF INTERESTED PERSONS - CONTINUED
20-10337-D
Marx & Marx, LLC, Attorneys for Appellant
Marx, Robert N., Attorney for Appellant
Marx, Jean Simonoff, Attorney for Appellant
O’Quinn & Cronin, LLC, Attorneys for Appellees
Owen, Gleaton, Egan, Jones & Sweeney, LLP, Attorneys for Appellees
Self, Hon. Tilman E., III, U.S. District Court Judge
Marx & Marx, LLC is not publicly held.
Respectfully submitted this 29th day of June 2020.
s/Robert N. Marx______
Robert N. Marx, Esq.
Georgia Bar Number 475280
Jean Simonoff Marx, Esq.
Marx & Marx, LLC
1050 Crown Pointe Parkway
Suite 500
Atlanta, Georgia 30338
Telephone: (404) 261-9559
[email protected]
Attorneys for Appellant Johnny Blash
Page C-2 of 3

JOHNNY BLASH v. WILLIAM CAPE, et al.
CERTIFICATE OF INTERESTED PERSONS - CONTINUED
20-10337-D
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing with the Clerk of the Court
for the United States Court of Appeals for the Eleventh Circuit by using the
appellate CM/ECF system on June 29, 2020.
I certify that the following are registered CM/ECF users and that service will be
accomplished by the appellate CM/ECF system:
Donald Andrew Cronin, Jr., Esq. Derrick L. Bingham, Esq.

103 Keys Ferry Street 330 Peachtree St.N.E, Ste. 2850
McDonough, GA 30253 Atlanta, GA 30308
[email protected] [email protected]
Atlanta, Georgia
June 29, 2020
s/Robert N. Marx
Robert N. Marx, Esq.
Marx & Marx, LLC
1050 Crown Pointe Parkway
Suite 500
Atlanta, Georgia 30338
Telephone: (404) 261-9559
[email protected]
Attorneys for Appellant Johnny Blash
Page C-3 of 3

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USCA11 Case: 20-10337 Date Filed: 11/02/2021 Page: 1 of 4

UNITED STATES COURT OF APPEALS

vs. : No. 20-10337-D

WILLIAM CAPE, et al. :

JOINT MOTION TO EXTEND THE TIME TO FILE

Appellant and Appellees herein, by their respective counsel of record, jointly

the necessary paperwork following a successful mediation and settlement in this

matter. In support of this motion, the parties set forth as follows:

extension to September 7, 2021 to file any of the aforesaid motions, in order to

which was also granted by this Court.

5. On November 1, 2021, the parties agreed to a settlement in this matter.

expect to have that process completed shortly. When a signed settlement

with this Court.

6. This motion is being filed to avoid the unnecessary issuance of a mandate

District Court regarding a matter that has been settled.

including November 23, 2021.

WHEREFORE, it is respectfully requested that the time for the parties in

and including November 23, 2021.

Respectfully submitted this 1st day of November 2021.

/s/ Robert N. Marx /s/ Derrick L. Bingham*

Certificate of Compliance with Type-Volume Limit,

1. This document complies with the type-volume limit of Fed. R. App.

2. This document complies with the typeface requirements of Fed. R.

Marx & Marx, L.L.C.

UNITED STATES COURT OF APPEALS

vs. : No. 20-10337-D

WILLIAM CAPE, et al. :

APPELLANT JOHNNY BLASH’S AMENDED

1. Pursuant to Federal Rules of Appellate Procedure and Eleventh Circuit

corporations that have an interest in the outcome of this appeal:

Blash, Johnny, Appellant

Bingham, Derrick L., Attorney for Appellees

Brannen, Danny, Individually and in his Official Capacity as Sheriff, Pulaski

County, Georgia, Appellee

Cape, William B., Executor of the Estate of Billy W. Cape, Appellee

Cronin, Donald Andrew, Jr., Attorney for Appellees

UNITED STATES COURT OF APPEALS

Marx & Marx, LLC, Attorneys for Appellant

Marx, Robert N., Attorney for Appellant

Marx, Jean Simonoff, Attorney for Appellant

O’Quinn & Cronin, LLC, Attorneys for Appellees

Self, Hon. Tilman E., III, U.S. District Court Judge

Marx & Marx, LLC is not publicly held.

Respectfully submitted this 29th day of June 2020.

UNITED STATES COURT OF APPEALS

Donald Andrew Cronin, Jr., Esq. Derrick L. Bingham, Esq.

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