Rhonique Green, et al v. Bank of America, et al
| RHONIQUE GREEN and OLIVIA GIDDINGS, individually and on behalf of all others similarly situated |
| BANK OF AMERICA, NA and BANK OF AMERICA CORPORATION |
| 13-56023 |
| June 12, 2013 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Docket Report
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| Filing 51 MANDATE ISSUED.(DFO, SST and JSB) [9813056] (Walker, Synitha) [Entered: 01/04/2016 10:28 AM] |
| Filing 50 Filed Order amending memorandum and Amended memorandum (DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT and JAY S. BYBEE) The memorandum disposition filed October 13, 2015, is amended to appear as filed concurrently with this Order (See order for full text) REVERSED AND REMANDED [9798186] (PH) [Entered: 12/18/2015 09:46 AM] |
| Filing 49 Filed (ECF) Appellees Bank of America Corporation and Bank of America, N.A. petition for panel rehearing and petition for rehearing en banc (from 10/13/2015 memorandum). Date of service: 10/27/2015. [9734979] [13-56023] (Mandel, Michael) [Entered: 10/27/2015 04:20 PM] |
| Filing 48 Filed (ECF) Appellants Olivia Giddings and Rhonique Green petition for panel rehearing (from 10/13/2015 memorandum). Date of service: 10/25/2015. [9731648] [13-56023] (McInerney, Kevin) [Entered: 10/25/2015 01:22 PM] |
| Filing 47 FILED MEMORANDUM DISPOSITION (DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT and JAY S. BYBEE) REVERSED AND REMANDED. FILED AND ENTERED JUDGMENT. [9715134] (MM) [Entered: 10/13/2015 09:16 AM] |
| Filing 46 Received 7 paper copies of Supplemental brief [ # 41 ] filed by Olivia Giddings and Rhonique Green. (sent to panel) [9699525] (SD) [Entered: 09/29/2015 09:23 AM] |
| Filing 45 Received 7 paper copies of Supplemental brief [ # 42 ] filed by Bank of America Corporation and Bank of America, N.A. (sent to panel) [9698173] (SD) [Entered: 09/28/2015 10:56 AM] |
| Filing 44 Filed clerk order: The supplemental brief [ # 41 ] submitted by Olivia Giddings and Rhonique Green is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9696118] (LA) [Entered: 09/25/2015 10:05 AM] |
| Filing 43 Filed clerk order: The supplemental brief [ # 42 ] submitted by Bank of America Corporation and Bank of America, N.A. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9695617] (LA) [Entered: 09/24/2015 04:39 PM] |
| Filing 42 Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Bank of America Corporation and Bank of America, N.A.. Date of service: 09/24/2015. [9695558] [13-56023] (Mandel, Michael) [Entered: 09/24/2015 04:21 PM] |
| Filing 41 Submitted (ECF) Supplemental Brief for review. Submitted by Appellants Olivia Giddings and Rhonique Green. Date of service: 09/24/2015. [9695544] [13-56023] --[COURT UPDATE: Attached corrected brief. 09/25/2015 by TYL] (Rubin, Michael) [Entered: 09/24/2015 04:17 PM] |
| Filing 40 Filed order (DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT and JAY S. BYBEE): The parties are ordered to file simultaneous briefs explaining why the district court had jurisdiction to hear this case. See Yocupicio v. PAE Grp., LLC, F.3d, No. 15-55878, 2015 WL 4568722 (9th Cir. July 30, 2015) (PAGA claims cannot be aggregated with class claims to satisfy the jurisdictional amount required under CAFA); Urbino v. Orkin Servs. of Cal., Inc., 726 F.3d 1118 (9th Cir. 2013) (PAGA recoveries sought on behalf of non-party aggrieved employees may not be aggregated to meet the $75,000 amount-in-controversy requirement for diversity actions under 28 U.S.C. 1332(a)); Baumann v. Chase Inv. Servs. Corp., 747 F.3d 1117 (9th Cir. 2014) (PAGA is not sufficiently similar to Rule 23 to establish the original jurisdiction of a federal court under CAFA). The supplemental briefs shall be no longer than ten pages or 2,800 words, and shall be submitted no later than 14 days after the entry of this order. Parties who are registered for Appellate ECF must file the supplemental brief electronically. Parties who are not registered Appellate ECF filers must file the original supplemental brief plus seven paper copies. [9677729] (AF) [Entered: 09/10/2015 10:47 AM] |
| Filing 39 Filed (ECF) Appellants Olivia Giddings and Rhonique Green citation of supplemental authorities. Date of service: 09/09/2015. [9676898] [13-56023] (Rubin, Michael) [Entered: 09/09/2015 03:37 PM] |
| Filing 38 Filed (ECF) Appellees Bank of America Corporation and Bank of America, N.A. citation of supplemental authorities. Date of service: 09/04/2015. [9673085] [13-56023] (Mandel, Michael) [Entered: 09/04/2015 02:02 PM] |
| Filing 37 SUBMITTED ON THE BRIEFS TO DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT and JAY S. BYBEE. [9671780] (BG) [Entered: 09/03/2015 03:03 PM] |
| Filing 36 Filed (ECF) Appellees Bank of America Corporation and Bank of America, N.A. citation of supplemental authorities. Date of service: 08/25/2015. [9660581] [13-56023] (Mandel, Michael) [Entered: 08/25/2015 05:49 PM] |
| Filing 35 Filed (ECF) Appellees Bank of America Corporation and Bank of America, N.A. citation of supplemental authorities. Date of service: 08/25/2015. [9660418] [13-56023] (Mandel, Michael) [Entered: 08/25/2015 04:06 PM] |
| Filing 34 Filed (ECF) Appellants Olivia Giddings and Rhonique Green citation of supplemental authorities. Date of service: 08/24/2015. [9657197] [13-56023] (Rubin, Michael) [Entered: 08/24/2015 10:06 AM] |
| Filing 33 Filed clerk order (Deputy Clerk: AF): Defendant-Appellees request for judicial notice, filed February 21, 2014, is hereby GRANTED. [9654538] (AF) [Entered: 08/20/2015 03:14 PM] |
| Filing 32 Filed clerk order (Deputy Clerk: AF): The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and that oral argument would not significantly aid the decisional process. Therefore, this matter is ordered submitted on the briefs and record without oral argument on September 3, 2015, in Pasadena. Fed. R. App. P. 34(a)(2). [9650081] (AF) [Entered: 08/17/2015 04:52 PM] |
| Filing 31 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Michael Rubin for Appellants Olivia Giddings and Rhonique Green. [9649183] [13-56023] (Rubin, Michael) [Entered: 08/17/2015 12:00 PM] |
| Filing 30 Added attorney Michael Rubin for Rhonique Green Olivia Giddings, in case 13-56023. [9649157] (Walker, Synitha) [Entered: 08/17/2015 11:47 AM] |
| Filing 29 Filed (ECF) notice of appearance of Michael Rubin for Appellants Olivia Giddings and Rhonique Green. Date of service: 08/17/2015. [9649136] [13-56023] (Rubin, Michael) [Entered: 08/17/2015 11:38 AM] |
| Filing 28 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Michael D. Mandel for Appellees Bank of America Corporation and Bank of America, N.A.. [9633924] [13-56023] (Mandel, Michael) [Entered: 08/04/2015 11:35 AM] |
| Filing 27 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Kevin J. McInerney, Esquire for Appellants Olivia Giddings and Rhonique Green. [9614633] [13-56023] (McInerney, Kevin) [Entered: 07/19/2015 03:11 PM] |
| Filing 26 Notice of Oral Argument on Thursday, September 3, 2015 - 1:30 P.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9585121] (LN) [Entered: 06/23/2015 04:17 PM] |
| Filing 25 Filed (ECF) Appellants Olivia Giddings and Rhonique Green citation of supplemental authorities. Date of service: 07/29/2014. [9185494] (McInerney, Kevin) [Entered: 07/29/2014 11:34 AM] |
| Filing 24 Filed (ECF) Appellants Olivia Giddings and Rhonique Green citation of supplemental authorities. Date of service: 07/16/2014. [9171170] (McInerney, Kevin) [Entered: 07/16/2014 11:30 AM] |
| Filing 23 Received 7 paper copies of Reply brief [ # 21 ] filed by Olivia Giddings and Rhonique Green. [9052782] (SD) [Entered: 04/10/2014 10:57 AM] |
| Filing 22 Filed clerk order: The reply brief [ # 21 ] submitted by Olivia Giddings and Rhonique Green is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9044893] (WWP) [Entered: 04/04/2014 11:50 AM] |
| Filing 21 Submitted (ECF) Reply Brief for review. Submitted by Appellants Olivia Giddings and Rhonique Green. Date of service: 04/04/2014. [9044600] (McInerney, Kevin) [Entered: 04/04/2014 10:34 AM] |
| Filing 20 Filed Appellees Bank of America Corporation and Bank of America, NA paper copies of excerpts of record [ # 14 ] in 1 volume. [9004414] (WWP) [Entered: 03/06/2014 09:43 AM] |
| Filing 19 Received 7 paper copies of Answering brief [ # 14 ] filed by Bank of America Corporation and Bank of America, NA. [9000447] (SD) [Entered: 03/04/2014 09:28 AM] |
| Filing 18 Streamlined request [17] by Appellants Olivia Giddings and Rhonique Green to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 4/4/2014. [8999734] (LW) [Entered: 03/03/2014 03:29 PM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Olivia Giddings and Rhonique Green. New requested due date is 04/04/2014 at 11:59 pm. [8999439] (McInerney, Kevin) [Entered: 03/03/2014 02:33 PM] |
| Filing 16 Filed clerk order: The answering brief [ # 14 ] submitted by Bank of America Corporation and Bank of America, NA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 14 ] submitted by Bank of America Corporation and Bank of America, NA. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8995010] (WWP) [Entered: 02/27/2014 09:13 AM] |
| Filing 15 Filed (ECF) Appellees Bank of America Corporation and Bank of America, NA Motion to take judicial notice of. Date of service: 02/20/2014. [8988579] (Mandel, Michael) [Entered: 02/21/2014 06:32 PM] |
| Filing 14 Submitted (ECF) Answering Brief and excerpts of record for review. Submitted by Appellees Bank of America Corporation and Bank of America, NA. Date of service: 02/20/2014. [8986584]--[COURT UPDATE: Attached corrected brief. Removed Request for Judicial Notice (correctly refiled as a motion; see [ # 15 ]). Resent NDA. 02/26/2014 by RY] (Mandel, Michael) [Entered: 02/20/2014 05:25 PM] |
| Filing 13 ENTRY UPDATED. [8933443] Streamlined request [12] by Appellees Bank of America Corporation and Bank of America, NA to extend time to file the brief is approved. Amended briefing schedule: Appellees Bank of America Corporation and Bank of America, NA answering brief due 02/20/2014. The optional reply brief is due 14 days from the date of service of the answering brief. [8933443]--[Edited 01/10/2014 by KM] (KM) [Entered: 01/10/2014 01:56 PM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Bank of America Corporation and Bank of America, NA. New requested due date is 02/20/2014 at 11:59 pm. [8933114] (Mandel, Michael) [Entered: 01/10/2014 11:39 AM] |
| Filing 11 Filed Appellants Olivia Giddings and Rhonique Green paper copies of excerpts of record [ # 8 ] in 2 volume(s). [8917418] (WWP) [Entered: 12/27/2013 07:42 AM] |
| Filing 10 Received 7 paper copies of Opening brief [ # 8 ] filed by Olivia Giddings and Rhonique Green. [8915926] (SD) [Entered: 12/24/2013 03:50 PM] |
| Filing 9 Filed clerk order: The opening brief [ # 8 ] submitted by Olivia Giddings and Rhonique Green is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 8 ] submitted by Olivia Giddings and Rhonique Green. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8911393] (WWP) [Entered: 12/20/2013 02:11 PM] |
| Filing 8 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants Olivia Giddings and Rhonique Green. Date of service: 12/19/2013. [8909334] (McInerney, Kevin) [Entered: 12/19/2013 02:16 PM] |
| Filing 7 Streamlined request [6] by Appellants Olivia Giddings and Rhonique Green to extend time to file the brief is approved. Amended briefing schedule: Appellants Olivia Giddings and Rhonique Green opening brief due 12/19/2013. Appellees Bank of America Corporation and Bank of America, NA answering brief due 01/21/2014. The optional reply brief is due 14 days from the date of service of the answering brief. [8858132] (LW) [Entered: 11/12/2013 10:05 AM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Olivia Giddings and Rhonique Green. New requested due date is 12/19/2013 at 11:59 pm. [8858060] (McInerney, Kevin) [Entered: 11/12/2013 09:46 AM] |
| Filing 5 Filed order MEDIATION (SL): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. [8764309] (BJB) [Entered: 08/30/2013 02:22 PM] |
| Filing 4 Filed order MEDIATION (VLS): This case is under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Stephen Liacouras, Circuit Mediator, in writing, by email at stephen_liacouras@ca9.uscourts.gov, of their clients views on whether the case is appropriate for settlement discussions or mediation. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be filed with the court. For more detailed information about the Mediation Program and its procedures generally, please see Mediation Program web site: www.ca9.uscourts.gov/mediation. The existing briefing schedule remains in effect pending the determination whether the case will be selected for inclusion in the Mediation Program. [8697435] (BJB) [Entered: 07/10/2013 09:41 AM] |
| Filing 3 Filed (ECF) Appellants Olivia Giddings and Rhonique Green Mediation Questionnaire. Date of service: 06/13/2013. [8666342] (McInerney, Kevin) [Entered: 06/13/2013 10:51 AM] |
| Filing 2 Filed Appellants' (Olivia Giddings, Rhonique Green). Served on 06/12/2013. [8665564] (JN) [Entered: 06/12/2013 03:58 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/19/2013. Transcript ordered by 07/12/2013. Transcript due 10/10/2013. Appellants Olivia Giddings and Rhonique Green opening brief due 11/19/2013. Appellees Bank of America Corporation and Bank of America, NA answering brief due 12/19/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8665550] (JN) [Entered: 06/12/2013 03:55 PM] |
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