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Berry v. Orange County

United States Court of Appeals, Eleventh Circuit

May 8, 2015

BRIAN BERRY, JERMARIO ANDERSON, REGINALD TRAMMON, EDWYN DURANT, Plaintiffs - Appellees,
v.
ORANGE COUNTY, et al., Defendants, TRAVIS LESLIE, Deputy, KEITH VIDLER, Corporal, in his Individual Capacity, Defendants - Appellants

Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 6:11-cv-01740-CEH-KRS.

For Brian Berry, Jermario Anderson, Reginald Trammon, Edwyn Durant, Plaintiffs - Appellees: Shayan H. Modarres, Jackson & Modarres, Orlando, FL; Paul Whitfield Hughes, Michael B. Kimberly, Mayer Brown, LLP, Washington, DC; Natalie Jackson, Women's Trial Group, Orlando, FL.

For TRAVIS LESLIE, Deputy, KEITH VIDLER, Corporal, in his Individual Capacity, Defendants - Appellants: Bruce Robert Bogan, Deborah Irene Mitchell, Melissa Jean Sydow, Hilyard Bogan & Palmer, PA, Orlando, FL.

For ORANGE COUNTY, a Political Subdivision of the State of Florida, Defendant: Linda Brehmer Lanosa, Central Florida Expressway Authority, Orlando, FL.

For JERRY DEMINGS, Orange County Sheriff, in his Individual and Official Capacities, Defendant: Jeanelle Glover Bronson, Ramon Vazquez, Philip J. Wallace, Grower Ketcham Rutherford Bronson Eide & Telan, PA, Orlando, FL.

For KEN LAWSON, Secretary, Department of Business and Professional Regulation, in his Individual and Official Capacities, Defendant: Robert D. Keough, Keough & DuBose, PA, Orlando, FL.

Before ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JULIE CARNES, and JILL PRYOR, Circuit Judges.

BY THE COURT:

After this case was briefed and argued, we referred it to mediation, which was successful. The joint motion to dismiss the appeal with prejudice with the parties to bear their own costs and attorney's fees is GRANTED. This appeal is DISMISSED as moot and the case is REMANDED to the district court with instructions to vacate the judgment and dismiss the lawsuit. The panel opinion remains vacated.


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