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Sheila White, Plaintiff-Appellee/cross-Appellant v. Burlington Northern & Sante Fe Railway Company, Defendant-Appellant/cross-Appellee

Citations: 321 F.3d 1203; 2003 U.S. App. LEXIS 2469Docket: 01-5024

Court: Court of Appeals for the Sixth Circuit; February 10, 2003; Federal Appellate Court

Narrative Opinion Summary

A majority of active judges in the Sixth Circuit have voted to rehear the cases of Sheila White v. Burlington Northern Santa Fe Railway Company en banc. The order vacates the previous opinion and judgment, stays the mandate, and restores the cases to the docket as pending appeals. The appellant/cross-appellee is required to file a supplemental brief by March 13, 2003, while the appellee/cross-appellant must file a supplemental brief by April 14, 2003. The Clerk will arrange for oral argument as directed by the Court.

Legal Issues Addressed

Arrangement for Oral Argument

Application: The court has instructed the Clerk to organize oral arguments, demonstrating a procedural step in the rehearing process.

Reasoning: The Clerk will arrange for oral argument as directed by the Court.

Filing of Supplemental Briefs

Application: The parties involved in the case are required to submit supplemental briefs by specified deadlines, indicating a continuation of the legal process with additional information or arguments.

Reasoning: The appellant/cross-appellee is required to file a supplemental brief by March 13, 2003, while the appellee/cross-appellant must file a supplemental brief by April 14, 2003.

Rehearing En Banc by Circuit Court

Application: The Sixth Circuit has decided to rehear the cases en banc, which means that the case will be reconsidered by all active judges of the court rather than by a panel of judges.

Reasoning: A majority of active judges in the Sixth Circuit have voted to rehear the cases of Sheila White v. Burlington Northern Santa Fe Railway Company en banc.

Vacatur of Previous Opinion and Judgment

Application: The previous opinion and judgment issued by the court have been vacated as a result of the decision to rehear the case en banc.

Reasoning: The order vacates the previous opinion and judgment, stays the mandate, and restores the cases to the docket as pending appeals.