Joseph Cesarz, et al v. Wynn Las Vegas, et al
| ANDREW PASCAL, WYNN LAS VEGAS, LLC and STEVE WYNN |
| JOSEPH CESARZ and QUY NGOC TANG, individually and on behalf of all others similarly situated, and all persons whose names are set forth in Exhibit A to the First Amended Complaint |
| 14-15243 |
| February 10, 2014 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 66 Terminated Jonathan Bond for Wynn Las Vegas, LLC and Steve Wynn [10321098] [14-15243, 13-35765] (JFF) [Entered: 02/15/2017 02:39 PM] |
| Filing 65 Filed (ECF) Appellees Wynn Las Vegas, LLC and Steve Wynn Correspondence: Notice of Withdrawal of Jonathan Bond as Counsel for Defendants-Appellees Wynn Las Vegas LLC and Steve Wynn. Date of service: 02/15/2017 [10320780] [14-15243]--[COURT UPDATE: Spread docket text to 13-35765. 02/15/2017 by SLM] (Bond, Jonathan) [Entered: 02/15/2017 12:53 PM] |
| Filing 64 Filed order (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) Plaintiffs-Appellees motion to stay the mandate is GRANTED. Fed. R. App. P. 41(b). The stay shall continue until final disposition by the Supreme Court. [10121469] (WL) [Entered: 09/13/2016 10:53 AM] |
| Filing 63 Filed (ECF) Appellees Oregon Restaurant and Lodging Association, Washington Restaurant Association, Alaska Cabaret, Hotel, Restaurant & Retailers Association, National Restaurant Association, Davis Street Tavern LLC and Susan Ponton Motion to stay the mandate. Date of service: 09/12/2016. [10119773] [13-35765] --[COURT UPDATE: Spread to case 14-15243. 09/12/2016 by TYL] (DeCamp, Paul) [Entered: 09/12/2016 12:24 PM] |
| Filing 62 Filed order (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) Defendants-Appellees motion to extend the stay of the mandate is GRANTED. Fed. R. App. P. 41(b). The stay shall continue until final disposition by the Supreme Court. [10117830] (WL) [Entered: 09/09/2016 10:39 AM] |
| Filing 61 Filed (ECF) Appellees Wynn Las Vegas, LLC and Steve Wynn Motion to stay the mandate. Date of service: 09/07/2016. [10115475] [14-15243] (Scalia, Eugene) [Entered: 09/07/2016 03:15 PM] |
| Filing 60 Filed Order for PUBLICATION (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) (Judge O'Scannlain, dissenting) Judges Pregerson and Owens have voted to deny the petition for panel rehearing. Judge Owens has voted to deny the petition for rehearing en banc, and Judge Pregerson has so recommended. Judge N.R. Smith has voted to grant the petition for panel rehearing and petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. The order filed on April 1, 2016 denying rehearing in Cesarz v. Wynn Las Vegas is hereby amended to reflect this subsequent en banc activity, including the dissent from denial of rehearing.[10112613] [13-35765, 14-15243] (RMM) [Entered: 09/06/2016 08:11 AM] |
| Filing 59 Received notice from the Supreme Court: petition for certiorari filed on 08/01/2016. Supreme Court Number 16-163. [10077040] (RR) [Entered: 08/05/2016 11:49 AM] |
| Filing 58 Received letter from the Supreme Court dated 06/13/2016 regarding the application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kennedy, who on June 13, 2016, extended the time to and including August 1, 2016. Application No. 15A1254 . [10021051] (RR) [Entered: 06/20/2016 11:42 AM] |
| Filing 57 Filed order (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) Appellees motion to stay the mandate pending resolution of Oregon Restaurant and Lodging Association v. Thomas Perez, No. 13-35765, is GRANTED. [9935960] (WL) [Entered: 04/12/2016 10:24 AM] |
| Filing 56 Filed (ECF) Appellees Wynn Las Vegas, LLC and Steve Wynn Unopposed Motion to stay the mandate. Date of service: 04/08/2016. [9932421] [14-15243] --[COURT UPDATE: Spread to case 13-35765. 04/08/2016 by TYL] (Scalia, Eugene) [Entered: 04/08/2016 05:03 AM] |
| Filing 55 Filed (ECF) Appellees Oregon Restaurant and Lodging Association, National Restaurant Association, Washington Restaurant Association and Alaska Cabaret, Hotel, Restaurant & Retailers Association petition for panel rehearing and petition for rehearing en banc (from 02/23/2016 opinion). Date of service: 04/06/2016. [9929619] [13-35765] --[COURT UPDATE: Spread to case 14-15243. 04/06/2016 by TYL] (DeCamp, Paul) [Entered: 04/06/2016 12:51 PM] |
| Filing 54 Filed order (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) Judges Pregerson and Owens have voted to deny the petition for panel rehearing. Judge Owens has voted to deny the petition for rehearing en banc, and Judge Pregerson has so recommended. Judge N.R. Smith has voted to grant the petition for panel rehearing and petition for rehearing en banc. The full court has been advised of the petition, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. [9923837] (WL) [Entered: 04/01/2016 09:05 AM] |
| Filing 53 Terminated Alexander K. Cox for Wynn Las Vegas, LLC and Steve Wynn in 14-15243 [9922789] (WL) [Entered: 03/31/2016 11:44 AM] |
| Filing 52 Filed order (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) Alexander K. Coxs March 21, 2016, Motion for Leave to Withdraw as Counsel is GRANTED. [9922787] (WL) [Entered: 03/31/2016 11:43 AM] |
| Filing 51 Filed (ECF) Appellees Steve Wynn and Wynn Las Vegas, LLC Motion to withdraw as counsel. Date of service: 03/21/2016. [9908347] [14-15243] (Scalia, Eugene) [Entered: 03/21/2016 09:04 AM] |
| Filing 50 Added attorney Jonathan Bond, Joshua S. Lipshutz for Steve Wynn Wynn Las Vegas, LLC, in case 14-15243. [9893743] (RR) [Entered: 03/08/2016 12:27 PM] |
| Filing 49 Filed (ECF) Appellees Wynn Las Vegas, LLC and Steve Wynn petition for panel rehearing and petition for rehearing en banc (from 02/23/2016 opinion). Date of service: 03/08/2016. [9893637] [14-15243] (Scalia, Eugene) [Entered: 03/08/2016 11:53 AM] |
| Filing 48 Filed (ECF) notice of appearance of Jonathan C. Bond for Appellees Wynn Las Vegas, LLC and Steve Wynn. Date of service: 03/08/2016. [9893611] [14-15243] (Bond, Jonathan) [Entered: 03/08/2016 11:48 AM] |
| Filing 47 Filed (ECF) notice of appearance of Joshua S. Lipshutz for Appellees Wynn Las Vegas, LLC and Steve Wynn. Date of service: 03/08/2016. [9893595] [14-15243] (Lipshutz, Joshua) [Entered: 03/08/2016 11:45 AM] |
| Filing 46 Filed (ECF) Appellees Wynn Las Vegas, LLC and Steve Wynn in 14-15243 Correspondence: Correction to counsel listing.. Date of service: 03/04/2016 [9890766] [13-35765, 14-15243] (Cohen, Bryan) [Entered: 03/04/2016 05:09 PM] |
| Filing 45 Filed (ECF) Appellants Thomas Perez, USDOL and Laura Fortman bill of costs (Form 10) in the amount of 137.35 USD. Date of service: 02/29/2016 [9882975] [13-35765] --[COURT UPDATE: Spread to case 14-15243. 02/29/2016 by TYL] (Koppel, John) [Entered: 02/29/2016 02:54 PM] |
| Filing 44 FILED OPINION (HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS) We heard oral argument in these two cases together, and we now consolidate them for disposition. See Fed. R. App. P. 3(b)(2); Mattos v. Agarano, 661 F.3d 433, 436 n.1 (9th Cir. 2011) (en banc). REVERSED AND REMANDED. Judge: HP Authoring, Judge: NRS Dissenting. FILED AND ENTERED JUDGMENT. [9874102] [13-35765, 14-15243] (RMM) [Entered: 02/23/2016 08:44 AM] |
| Filing 43 Filed (ECF) Appellees Wynn Las Vegas, LLC and Steve Wynn citation of supplemental authorities. Date of service: 08/12/2015. [9643749] [14-15243] (Scalia, Eugene) [Entered: 08/12/2015 07:20 AM] |
| Filing 42 ARGUED AND SUBMITTED TO HARRY PREGERSON, N. RANDY SMITH and JOHN B. OWENS. [9605728] [13-35765, 14-15243] (PA) [Entered: 07/10/2015 10:48 AM] |
| Filing 41 Filed (ECF) Appellees Wynn Las Vegas, LLC and Steve Wynn citation of supplemental authorities. Date of service: 07/02/2015. [9597340] [14-15243] (Scalia, Eugene) [Entered: 07/02/2015 12:15 PM] |
| Filing 40 Filed clerk order (Deputy Clerk: WL): These appeals are consolidated for purposes of oral argument on July 10, 2015 in Portland, Oregon. See Fed. R. App. P. 3(b)(2). Each consolidated side will be allocated 20 minutes of oral argument time, to be divided as determined by the parties on each side. See Fed. R. App. P. 34(b). The parties shall notify the court at oral argument how they have determined to divide their time. [9588509] [13-35765, 14-15243] (WL) [Entered: 06/25/2015 02:58 PM] |
| Filing 39 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Joshua D. Buck for Appellants Joseph Cesarz and Quy Ngoc Tang. [9553786] [14-15243] (Buck, Joshua) [Entered: 05/28/2015 04:34 PM] |
| Filing 38 Added attorney Joshua D. Buck for Joseph Cesarz Quy Ngoc Tang, in case 14-15243. [9553747] (RR) [Entered: 05/28/2015 04:23 PM] |
| Filing 37 Filed (ECF) notice of appearance of Joshua David Buck for Appellants Joseph Cesarz and Quy Ngoc Tang. Date of service: 05/28/2015. [9553602] [14-15243] (Thierman, Mark) [Entered: 05/28/2015 03:50 PM] |
| Filing 36 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Eugene Scalia for Appellees Wynn Las Vegas, LLC and Steve Wynn. [9539318] [14-15243] (Scalia, Eugene) [Entered: 05/15/2015 11:34 AM] |
| Filing 35 Notice of Oral Argument on Friday, July 10, 2015 - 09:00 A.M. - PO 2nd Floor Ctrm - Portland OR. 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: SEATTLE Office. [9509857] (SB) [Entered: 04/27/2015 11:34 AM] |
| Filing 34 Filed (ECF) Appellants Joseph Cesarz and Quy Ngoc Tang reply to response (). Date of service: 10/23/2014. [9288601] (LG) [Entered: 10/23/2014 04:36 PM] |
| Filing 33 Filed (ECF) Appellees Steve Wynn and Wynn Las Vegas, LLC response to motion (,motion to submit case on briefs). Date of service: 10/20/2014. [9283033] (AKC) [Entered: 10/20/2014 02:24 PM] |
| Filing 32 Filed (ECF) Appellants Joseph Cesarz and Quy Ngoc Tang Motion to submit case on briefs. Date of service: 10/08/2014. [9270929] (LG) [Entered: 10/08/2014 05:06 PM] |
| Filing 31 Received 7 paper copies of Reply brief [ # 29 ] filed by Joseph Cesarz and Quy Ngoc Tang. [9261160] (SD) [Entered: 10/01/2014 11:02 AM] |
| Filing 30 Filed clerk order: The reply brief [ # 29 ] submitted by Joseph Cesarz and Quy Ngoc Tang 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. [9254631] (LA) [Entered: 09/25/2014 04:51 PM] |
| Filing 29 Submitted (ECF) Reply Brief for review. Submitted by Appellants Joseph Cesarz and Quy Ngoc Tang. Date of service: 09/23/2014. [9251083] --[COURT UPDATE: Attached certificate of service. 09/25/2014 by TL] (LG) [Entered: 09/23/2014 04:24 PM] |
| Filing 28 Received 7 paper copies of Answering brief [ # 23 ] filed by Steve Wynn and Wynn Las Vegas, LLC. [9198832] (SD) [Entered: 08/08/2014 01:46 PM] |
| Filing 27 Filed Appellees Steve Wynn and Wynn Las Vegas, LLC paper copies of supplemental excerpts of record [ # 23 ] in 1 volume. [9198769] (LA) [Entered: 08/08/2014 01:23 PM] |
| Filing 26 Streamlined request [25] by Appellant Joseph Cesarz to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 9/24/14.. [9196348] (CG) [Entered: 08/06/2014 04:41 PM] |
| Filing 25 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Joseph Cesarz and Quy Ngoc Tang. New requested due date is 09/24/2014. [9195713] (LG) [Entered: 08/06/2014 12:53 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 23 ] submitted by Steve Wynn and Wynn Las Vegas, LLC 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 [ # 23 ] submitted by Steve Wynn and Wynn Las Vegas, LLC. 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. [9192535] (LA) [Entered: 08/04/2014 01:39 PM] |
| Filing 23 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Steve Wynn and Wynn Las Vegas, LLC. Date of service: 08/01/2014. [9191114] (ES) [Entered: 08/01/2014 03:06 PM] |
| Filing 22 Streamlined request [21] by Appellees Steve Wynn and Wynn Las Vegas, LLC to extend time to file the brief is approved. Amended briefing schedule: Appellees Steve Wynn and Wynn Las Vegas, LLC answering brief due 08/01/2014. The optional reply brief is due 14 days from the date of service of the answering brief. [9173453] (CG) [Entered: 07/17/2014 03:58 PM] |
| Filing 21 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Steve Wynn and Wynn Las Vegas, LLC. New requested due date is 08/01/2014. [9172658] (ES) [Entered: 07/17/2014 11:00 AM] |
| Filing 20 ENTRY UPDATED. Received 7 paper copies of Opening brief [ # 17 ] filed by Joseph Cesarz and Quy Ngoc Tang. [9143448]--[Edited 08/04/2014 by LA to add 2nd appellant] (DB) [Entered: 06/24/2014 10:52 AM] |
| Filing 19 ENTRY UPDATED. Filed Appellants Joseph Cesarz and Quy Ngoc Tang paper copies of excerpts of record [ # 17 ] in 1 volume(s). [9140850]--[Edited 08/04/2014 by LA to add 2nd appellant] (CT) [Entered: 06/20/2014 04:36 PM] |
| Filing 18 Filed clerk order: The opening brief [ # 17 ] submitted by Joseph Cesarz and Quy Ngoc Tang 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 [ # 17 ] submitted by Joseph Cesarz and Quy Ngoc Tang. 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. [9137751] --[Edited 08/04/2014 by LA to add 2nd appellant] (CT) [Entered: 06/18/2014 03:28 PM] |
| Filing 17 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Joseph Cesarz and Quy Ngoc Tang. Date of service: 06/17/2014. [9136330]--[COURT UPDATE: Attached corrected brief. Resent NDA. 06/18/2014 by RY] --[COURT UPDATE: Updated docket text to reflect correct filers. 08/04/2014 by TL] (LG) [Entered: 06/17/2014 05:58 PM] |
| Filing 16 Streamlined request [15] by Appellants Joseph Cesarz and Quy Ngoc Tang to extend time to file the brief is approved. Amended briefing schedule: Appellants Joseph Cesarz and Quy Ngoc Tang opening brief due 06/18/2014. Appellees Andrew Pascal, Steve Wynn and Wynn Las Vegas, LLC answering brief due 07/18/2014. The optional reply brief is due 14 days from the date of service of the answering brief. [9094100] (CG) [Entered: 05/13/2014 04:10 PM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Joseph Cesarz and Quy Ngoc Tang. New requested due date is 06/18/2014. [9094005] (LG) [Entered: 05/13/2014 03:50 PM] |
| Filing 14 Filed order (Appellate Commissioner): Appellees opposed motion to coordinate this appeal with related appeal Oregon Restaurant & Lodging Assn v. Perez, No. 13-35765, is denied. Appellants opposed motion to stay appellate proceedings pending the decision in No. 13-35765 is denied. Appellants counsel is reminded that all filings must be served on all parties and must be accompanied by proof of service. See Fed. R. App. P. 25(b); 9th Cir. R. 25-5(f). (Pro Mo) [9040968] (MS) [Entered: 04/02/2014 10:24 AM] |
| Filing 13 Filed (ECF) Appellants Joseph Cesarz and Quy Ngoc Tang reply to response (,motion to stay proceedings, ). Date of service: 04/01/2014. [9039542] (LG) [Entered: 04/01/2014 12:54 PM] |
| Filing 12 Filed (ECF) Appellees Steve Wynn and Wynn Las Vegas, LLC response opposing motion (,motion to stay proceedings). Date of service: 03/31/2014. [9037455] (AKC) [Entered: 03/31/2014 12:32 PM] |
| Filing 11 Filed (ECF) Appellants Joseph Cesarz and Quy Ngoc Tang response opposing motion (,motion to hear case with other case). Date of service: 03/26/2014. [9032218] (LG) [Entered: 03/26/2014 01:05 PM] |
| Filing 10 Filed (ECF) Appellants Joseph Cesarz and Quy Ngoc Tang Motion to stay proceedings. Date of service: 03/19/2014. [9022586] (LG) [Entered: 03/19/2014 01:46 PM] |
| Filing 9 Filed (ECF) Appellees Steve Wynn and Wynn Las Vegas, LLC Motion to hear this case before the panel which will hear case Oregon Restaurant and Lodging Association v. Perez, No. 13-35765. Date of service: 03/13/2014. [9014964] (ES) [Entered: 03/13/2014 02:32 PM] |
| Filing 8 Filed order MEDIATION (MAC): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. The assessment conference previously scheduled for March 20, 2014, is canceled. [9010737] (HC) [Entered: 03/11/2014 11:35 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 03/20/2014, 1:00 p.m. PACIFIC Time... The Circuit Mediator will initiate the conference call by contacting each person on the attached list. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediation Assistant by email at least 72 hours in advance of the scheduled call of any corrections to the list..... [8998556] (BS) [Entered: 03/03/2014 09:10 AM] |
| Filing 6 Added attorney Alexander K. Cox, Eugene Scalia for Steve Wynn Wynn Las Vegas, LLC, in case 14-15243. [8982430] (JFF) [Entered: 02/18/2014 04:37 PM] |
| Filing 5 Filed (ECF) Appellants Joseph Cesarz and Quy Ngoc Tang Mediation Questionnaire. Date of service: 02/18/2014. [8981560] (LG) [Entered: 02/18/2014 01:52 PM] |
| Filing 4 Filed (ECF) notice of appearance of Alexander King Cox for Appellees Steve Wynn and Wynn Las Vegas, LLC. Date of service: 02/18/2014. [8981189] (AKC) [Entered: 02/18/2014 11:49 AM] |
| Filing 3 Filed (ECF) notice of appearance of Eugene Scalia for Appellees Steve Wynn and Wynn Las Vegas, LLC. Date of service: 02/18/2014. [8981184] (AKC) [Entered: 02/18/2014 11:47 AM] |
| Filing 2 Terminated Porter Wilkinson for Wynn Las Vegas, LLC and Steve Wynn in 14-15243 (For failure to register for ECF) [8977543] (IV) [Entered: 02/13/2014 09:52 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 02/18/2014. Transcript ordered by 03/10/2014. Transcript due 04/07/2014. Appellants Joseph Cesarz and Quy Ngoc Tang opening brief due 05/19/2014. Appellees Andrew Pascal, Steve Wynn and Wynn Las Vegas, LLC answering brief due 06/18/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [8972889] (RT) [Entered: 02/10/2014 02:40 PM] |
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