Zachariah Robertson, et al v. Enbridge US Inc, et al
| CYPRESS ENVIRONMENTAL MANAGEMENT TIR LLC |
| ZACHARIAH ROBERTSON, individually and on behalf of all others similarly situated, ANGEL HERNANDEZ, individually and on behalf of all others similarly situated, GREG HUGGINS, individually and on behalf of all others similarly situated and GORDON LUNSTED, individually and on behalf of all others similarly situated |
| ENBRIDGE US INC, CLEVELAND INTEGRITY SERVICES INC, ZACHARIAH ROBERTSON, GREG HUGGINS, ANGEL HERNANDEZ and GORDON LUNSTED |
| ONSHORE QUALITY CONTROL SPECIALIST LLC and AVERY TECHNICAL RESOURCES INC |
| 21-2374 |
| July 23, 2021 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Filing 29 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Onshore Quality Control Specialist LLC and MBF Inspection Services Inc and Appellee Avery Technical Resources Inc due on or before 10/25/2021. Appendix due on or before 10/25/2021. [21-2374, 21-2387] (PDB) [Entered: 09/13/2021 02:26 PM] |
Filing 28
ORDER (CHAGARES, GREENAWAY JR. and NYGAARD, Circuit Judges) The standard for issuance of a stay is like that for issuance of a preliminary injunction, and requires consideration of four factors: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies." Jackson v. Danberg, 656 F.3d 157, 162 (3d Cir. 2011). Under this conjunctive analysis, Appellants fail to show that they are likely to succeed on the merits or that irreparable harm will result from denying the stay. Because Appellants have failed to make the requisite showing, the foregoing motion for an emergency stay of the District Court proceedings pending appeal is denied. Panel No.: ECO-033-E. Chagares, Authoring Judge. (PDB) [Entered: 09/10/2021 12:07 PM]
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| Filing 26 ECF FILER: Reply by Appellants Avery Technical Resources Inc and Onshore Quality Control Specialist LLC in 21-2374 to motion, motion, Response, Response. Certificate of Service dated 08/31/2021. Service made by ECF 87. (JMS) [Entered: 08/31/2021 10:08 AM] |
| Filing 25 ECF FILER: ENTRY OF APPEARANCE from Julianne C. Lomax on behalf of Appellee(s) Zachariah Robertson, Angel Hernandez, Gordon Lunsted, Greg Huggins. [21-2374] (JL) [Entered: 08/30/2021 11:33 AM] |
| Filing 24 ECF FILER: Response filed by Appellees Zachariah Robertson, Angel Hernandez, Greg Huggins and Gordon Lunsted to motion for stay, motion to Expedite. Certificate of Service dated 08/30/2021. [21-2374] (RB) [Entered: 08/30/2021 08:22 AM] |
| Filing 23 ECF FILER: ENTRY OF APPEARANCE from Richard J. (Rex) Burch on behalf of Appellee(s) Zachariah Robertson, Angel Hernandez, Gordon Lunsted, Greg Huggins. [21-2374] (RB) [Entered: 08/29/2021 11:25 PM] |
| Filing 22 ECF FILER: Response filed by Appellee Enbridge US Inc in 21-2374, 21-2387 to motion for stay, motion to Expedite. Certificate of Service dated 08/29/2021. (TMW) [Entered: 08/29/2021 07:16 PM] |
| Filing 21 TEXT ONLY ORDER (Clerk) Any response to Appellants' Motion to Stay the Case Pending Appeal must be filed by Monday, August 30, 2021 at 9:00 am. (AV) [Entered: 08/26/2021 10:07 AM] |
| Filing 20 ECF FILER: Motion filed by Appellants Avery Technical Resources Inc and Onshore Quality Control Specialist LLC in 21-2374 to stay Case Pending Appeal, to Expedite Motion. Certificate of Service dated 08/25/2021. Service made by ECF.--[Edited 08/26/2021 by PDB] (JMS) [Entered: 08/25/2021 08:50 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Kristy Albrecht on behalf of Appellant(s) Onshore Quality Control Specialists, LLC; Avery Technical Resources, Inc.. [21-2374] (KLA) [Entered: 08/18/2021 03:32 PM] |
| Filing 18 ECF FILER: WITHRAWAL OF APPEARANCE filed by Attorney Mary Fee, Esq. for Appellants Avery Technical Resources Inc and Onshore Quality Control Specialist LLC. [21-2374]--[Edited 08/13/2021 by CJG] (MF) [Entered: 08/13/2021 03:48 PM] |
| Filing 17 ECF FILER: ENTRY OF APPEARANCE from Joseph Sokolowski on behalf of Appellant(s) Onshore Quality Control Specialists, LLC and Avery Technical Resources, Inc.. [21-2374] (JMS) [Entered: 08/13/2021 03:16 PM] |
| Filing 15 FOLLOW UP LETTER to Richard Burch, Esq. for Angel Hernandez, Gordon Lunsted and Greg Huggins and Matthew T. Logue, Esq. for Angel Hernandez, Gordon Lunsted and Greg Huggins requesting the following document(s): Appearance Form on or before 08/24/2021. (PDB) [Entered: 08/10/2021 10:28 AM] |
| Filing 14 FOLLOW UP LETTER to Joshua P. Geist, Esq. for Zachariah Robertson, William F. Goodrich, Esq. for Zachariah Robertson and Ryan O. Hemminger, Esq. for Cleveland Integrity Services Inc and Cypress Environmental Management TIR LLC requesting the following document(s): Appearance Form on or before 08/24/2021. Disclosure Statement on or before 08/24/2021. (PDB) [Entered: 08/10/2021 10:12 AM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from John P. Phillips on behalf of Appellee(s) Enbridge (U.S.) Inc.. [21-2374] (JPP) [Entered: 08/06/2021 03:45 PM] |
| Filing 12 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Enbridge US Inc. [21-2374] (TMW) [Entered: 08/06/2021 03:33 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Timothy M. Watson on behalf of Appellee(s) Enbridge (U.S.) Inc.. [21-2374, 21-2387] (TMW) [Entered: 08/06/2021 03:26 PM] |
| Filing 10 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Avery Technical Resources Inc and Onshore Quality Control Specialist LLC advising this court that transcripts are not needed. [21-2374] (MF) [Entered: 08/05/2021 07:26 PM] |
| Filing 9 ECF FILER: Concise Summary of the Case filed by Appellants Avery Technical Resources Inc and Onshore Quality Control Specialist LLC. [21-2374] (MF) [Entered: 08/05/2021 07:23 PM] |
| Filing 8 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Onshore Quality Control Specialist LLC. [21-2374] (MF) [Entered: 08/05/2021 07:22 PM] |
| Filing 7 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Avery Technical Resources Inc. [21-2374] (MF) [Entered: 08/05/2021 07:18 PM] |
| Filing 6 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Avery Technical Resources Inc and Onshore Quality Control Specialist LLC. [21-2374] (MF) [Entered: 08/05/2021 07:17 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Mary Fee on behalf of Appellant(s) Onshore Quality Control Specialists, LLC and Avery Technical Resources, Inc. [-WITHDRAWN 8/13/21.] [21-2374]--[Edited 08/13/2021 by CJG] (MF) [Entered: 08/05/2021 07:10 PM] |
| Filing 4 CLERK ORDER consoldating the appeals at Nos. 21-2374 and 21-2387 are hereby consolidated for purposes of scheduling, joint appendix, and disposition. Appellants in Nos. 21-2374 and 21-2387 are encouraged to consult with one another regarding the contents of their briefs as the Court disfavors repetitive briefs. Appellants may file a consolidated brief or join in or adopt portions by reference. See Fed. R. App. P. 28(i). Appellees may elect to file a consolidated brief for these two appeals. Appeal Nos. 21-2374 and 21-2387 are further consolidated with No. 20-3385 for disposition only. It is noted that Appeal No. 20-3385 will be briefed separately from Appeal Nos. 21-2374 and 21-2387 (AMR) [Entered: 07/28/2021 01:07 PM] |
| Filing 3 CLERK ORDER The actions at Nos. 20-3385 and 21-2374 are hereby consolidated for disposition only. [21-2374, 20-3385] (PDB) [Entered: 07/23/2021 04:33 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (PDB) [Entered: 07/23/2021 04:29 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Avery Technical Resources Inc and Onshore Quality Control Specialist LLC in District Court No. 2-19-cv-01080. (PDB) [Entered: 07/23/2021 04:25 PM] |
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