PANEL:              CHIEF JUDGE CARL E. STEWART, AND JUDGES JERRY E. SMITH AND JACQUES L. WIENER, JR.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

NEW ORLEANS, LOUISIANA

WEST COURTROOM

The Court has scheduled the following cases for oral argument in Room 265 of the John Minor Wisdom United States Court of Appeals Building, 600 Camp Street, NEW ORLEANS, LOUISIANA on the days shown:

COUNSEL FOR EACH PARTY MUST PRESENT ARGUMENT UNLESS EXCUSED BY THE COURT. CASES MARKED * ARE LIMITED TO 20 MINUTES PER SIDE; CASES WITH NO * ARE LIMITED TO 30 MINUTES PER SIDE UNLESS PREVIOUSLY GRANTED ADDITIONAL TIME. “SIDE” REFERS TO PARTIES IN THEIR POSITION ON APPEAL. IF IN DOUBT, CONSULT THE CLERK'S OFFICE.

MONDAY, MARCH 4, 2013 - COURT CONVENES AT 9:00 A.M.

*Nos. 11-50482 & 11-50484. United States of America vs. Adrian Edwardo Pena, aka Adrian Edward Pena, Appellant.

*No. 12-60086.    Elgin Nursing and Rehabilitation Center, Petitioner vs. U.S. Department of Health and Human Services.

*No. 12-60423.    United States of America vs. Richard F. Scruggs, aka Dickie, Appellant.

*No. 12-30274.    Rachel Juino, Appellant-Appellee vs. Livingston Parish Fire District No. 5.

TUESDAY, MARCH 5, 2013 - COURT CONVENES AT 9:00 A.M.

*No. 11-20726.    United States of America vs. Scott Michael Long, aka Hollywood, aka Wood, Appellant.

*No. 12-60378.    United States of America vs. Johnny Winters, Jr., Appellant.

*No. 12-60435.    Tippah County, Appellant vs. Mississippi Public Entities Workers’ Compensation Trust.

*No. 12-20428.    National Union Fire Insurance Co. of Pittsburgh, PA vs. Continental Carbon Co., Appellant.

*No. 12-20100.    Tricon Energy Limited vs. Vinmar International, Limited, Appellant-Appellee.

WEDNESDAY, MARCH 6, 2013 - COURT CONVENES AT 9:00 A.M.

*No. 12-50190.    United States of America vs. Selina Martinez, Appellant.

*No. 12-20306.    Kenyon International Emergency Services, Inc., Appellant vs. Mark Malcolm, Et Al.

*No. 12-10360.    Lincoln National Life Insurance Co.; Cowboy Athletics Inc., Et Al., Appellants vs. Management Compensation Grouplee Inc., Et Al.

*No. 12-30494.    Jeff Simmons, Et Al., Appellants vs. Sabine River Authority State of Louisiana, Et Al.

LYLE W. CAYCE

CLERK OF COURT

NEW ORLEANS, LA - 01/18/13 - 31

IMPORTANT NOTES

1. All oral arguments are recorded. Oral argument recordings generally are available late in the day argument is held. Listeners using “Windows Media” software can search for an argument by case number, date, case title or attorney’s name. PERSONAL RECORDERS ARE NOT PERMITTED IN THE COURTROOM. With advance approval however, counsel may contract for an official court reporter to be present and transcribe the argument.

2. Upon request, the clerk will telephone counsel when an opinion is issued.

3. THE COURTHOUSE OPENS AT 8:00 A.M. PLEASE DO NOT ARRIVE BEFORE THEN. COUNSEL PRESENTING ORAL ARGUMENT MUST REPORT IN PERSON TO ROOM 105, 600 CAMP STREET, NEW ORLEANS, LA, BEFORE 8:30 A.M. ON THE DAY OF ARGUMENT. AS AN EXCEPTION, COUNSEL IN MONDAY’S AND TUESDAY’S 4TH & 5TH CASES (IF A 4TH OR 5TH CASE EXISTS) MAY REPORT BY TELEPHONE (TEL. 504-310-7804) BETWEEN 8:00 AND 8:30 A.M., BUT MUST BE PRESENT IN THE COURTROOM BY 10:00 A.M.

PLEASE VISIT OUR WEBSITE AT WWW.CA5.USCOURTS.GOV. FOR UPDATES TO THE CALENDARS AND TO OBTAIN THE NAMES OF THE PANEL JUDGES, WHICH WILL BE POSTED ON THE CALENDARS ONE WEEK BEFORE THE BEGINNING OF THE COURT WEEK.