Robert Weissman, et al v. Clearview AI, Inc., et al
| ANTHONY HALL, MARIO CALDERON, DAVID MUTNICK, STEVEN VANCE, JORDAN ORLANDO, RODELL SANDERS, GERARD DARCHE and ERIC GOULD |
| CLEARVIEW AI, INC., HOAN TON-THAT, RICHARD SCHWARTZ, ROCKY MOUNTAIN DATA ANALYTICS LLC, MACY'S, INCORPORATED, CITY OF ANTIOCH and CITY OF EL SEGUNDO |
| ROBERT WEISSMAN and RICK CLAYPOOL |
| STATE OF VERMONT, STATE OF ARIZONA, STATE OF CALIFORNIA, STATE OF COLORADO and STATE OF CONNECTICUT |
| 25-1673 |
| April 21, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutory Actions |
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| Filing 53 Appellant's reply brief filed by Appellants Rick Claypool and Robert Weissman. Paper copies due on 10/23/2025. [53] [7481260] [25-1673] (NHV) [Entered: 10/16/2025 04:38 PM] |
| Filing 52 Submitted appellant reply brief by Michael T. Kirkpatrick for Appellants Robert Weissman and Rick Claypool. [52] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7481246] [25-1673] (Kirkpatrick, Michael) [Entered: 10/16/2025 03:37 PM] |
| Filing 51 Paper copies of appellee brief filed by Appellee Macy's, Incorporated. [51] [7479532] [25-1673] (NHV) [Entered: 10/08/2025 10:27 AM] |
| Filing 50 Amended Jurisdictional Statement filed by Appellee Macy's, Incorporated. [50] [7479020] [25-1673] (Schaller, Rachel) [Entered: 10/06/2025 02:10 PM] |
Filing 49
ORDER: The Appellees Macy's, Incorporated, Macys Retail Holdings, LLC, and Macys Corporate Services, Inc., shall file a paper captioned "Amended Jurisdictional Statement" that provides the omitted information noted in this order and otherwise complies with all the requirements of Fed. R. App. P. 28(a)(4) and Cir. Rule 28(a). The Clerk shall DISTRIBUTE, along with the briefs in this appeal, copies of this order and the "Amended Jurisdictional Statement" to the assigned merits panel. This order will not extend the time for any future briefs. Amended jurisdictional statement due no later than 10/14/2025 for Appellee Macy's, Incorporated. JXK [49] [7478910] [25-1673] (FP) [Entered: 10/06/2025 10:04 AM]
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| Filing 48 Paper copies of appellee brief filed by Appellees Clearview AI, Inc., Gerard Darche, Eric Gould, Hoan Ton-That, Jordan Orlando, Rocky Mountain Data Analytics LLC, Rodell Sanders and Richard Schwartz. [48] [7478746] [25-1673] (EF) [Entered: 10/03/2025 01:34 PM] |
| Filing 47 Amended Jurisdictional Statement filed by Appellees Clearview AI, Inc., Gerard Darche, Eric Gould, Jordan Orlando, Rodell Sanders, Richard Schwartz, Rocky Mountain Data Analytics LLC and Hoan Ton-That. [47] [7478405] [25-1673] (Thompson, James) [Entered: 10/02/2025 10:19 AM] |
| Filing 45 Re-Submitted appellee brief by Rachel Schaller for Appellee Macy's, Incorporated. [45] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7478312] [25-1673] (Schaller, Rachel) [Entered: 10/01/2025 05:41 PM] |
| Filing 44 NOTICE: Attorney Mr. Michael T. Kirkpatrick for Appellants Rick Claypool and Robert Weissman will not be available for oral argument November 13-14, 2025, and December 10-12, 2025.. [44] [7478225] [25-1673] (Kirkpatrick, Michael) [Entered: 10/01/2025 01:45 PM] |
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Filing 43
ORDER: Appellees shall file a paper captioned Amended Jurisdictional Statement on or before October 7, 2025, that complies with the requirements of Circuit Rule 28(b), and if appellants jurisdictional statement is not both complete and correct, Circuit Rule 28(a) also. The clerk of this court shall DISTRIBUTE, along with the briefs in this appeal, copies of this order and appellees amended jurisdictional statement to the assigned merits panel. (See order for further details). JXK [43] [7477829] [25-1673] (HTP) [Entered: 09/30/2025 10:22 AM]
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| Filing 46 Appellee's brief filed by Appellee Macy's, Incorporated. Paper copies due on 10/09/2025. [46] [7478343] [25-1673] (EF) [Entered: 10/02/2025 09:07 AM] |
| Filing 42 Appellee's brief filed by Appellees Clearview AI, Inc., Gerard Darche, Eric Gould, Hoan Ton-That, Jordan Orlando, Rocky Mountain Data Analytics LLC, Rodell Sanders and Richard Schwartz. Paper copies due on 10/06/2025. [42] [7477509] [25-1673] (SK) [Entered: 09/29/2025 09:32 AM] |
| Filing 41 Brief deficiency letter sent to Appellee Macy's, Incorporated. [41] [7477504] [25-1673] (EF) [Entered: 09/29/2025 09:09 AM] |
| Filing 40 Submitted appellee brief by Rachel Schaller for Appellee Macy's, Incorporated. [40] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7477482] [25-1673] (Schaller, Rachel) [Entered: 09/26/2025 09:26 PM] |
| Filing 39 Submitted appellee brief by James L. Thompson for Appellees Clearview AI, Inc., Hoan Ton-That, Rocky Mountain Data Analytics LLC, Richard Schwartz, Gerard Darche, Eric Gould, Jordan Orlando and Rodell Sanders. [39] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7477477] [25-1673] (Thompson, James) [Entered: 09/26/2025 05:43 PM] |
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Filing 38
ORDER issued GRANTING motion to extend time to file appellees' briefs. [ # 37 ] Appellees' briefs due on or before 09/26/2025 for Clearview AI, Inc., Hoan Ton-That, Macy's, Incorporated, Jordan Orlando, Rocky Mountain Data Analytics LLC, Richard Schwartz, Rodell Sanders, Gerard Darche and Eric Gould. Appellants' reply brief, if any, is due on or before 10/17/2025 for Appellants Rick Claypool and Robert Weissman. SCR [38] [7470357] [25-1673] (AD) [Entered: 08/22/2025 03:01 PM]
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| Filing 37 Motion filed by Appellee Clearview AI, Inc. to extend time to file appellee brief. [37] [7470257] [25-1673] (Lynch, Daniel) [Entered: 08/22/2025 10:26 AM] |
| Filing 36 Paper copies of amicus brief filed by Amici Curiae State of Arizona, State of California, State of Colorado, State of Connecticut and State of Vermont. [36] [7465892] [25-1673] (DAB) [Entered: 07/30/2025 10:12 AM] |
| Filing 35 Brief deficiency letter sent to Amici Curiae State of Arizona, State of California, State of Colorado, State of Connecticut and State of Vermont. The Amicus brief was electronically filed on 07/14/2025. The paper copies of this brief were due to be submitted to the Clerk's Office by 07/21/2025. The paper copies have not been received by this court. Paper copies due on 08/05/2025 or the court may issue a Rule of Show Cause order pursuant to Circuit Rule 31. [35] [7465600] [25-1673] (EF) [Entered: 07/29/2025 09:40 AM] |
| Filing 34 THE AMICUS BRIEF AT #[ # 33 ] CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus Brief at #[ # 33 ], yet are not reflected on the Appellate docket/caption for administrative purposes: State of Delaware, State of Hawaii, State of Iowa, State of Kansas, State of Maine, State of Maryland, State/Commonwealth of Massachusetts, State of Michigan, State of Minnesota, State of Nebraska, State of Nevada, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Tennessee, State of Utah, State of West Virginia, and the District of Columbia. [34] [7463287] [25-1673] (MAN) [Entered: 07/16/2025 02:29 PM] |
| Filing 33 Amicus brief filed by Amici Curiae State of Connecticut, State of Colorado, State of California, State of Arizona, State of Vermont, States of Delaware, Hawaii, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Tennessee, Utah, West Virginia, and the District of Columbia, government filing, no consent necessary. Paper copies due on 07/21/2025 [33] [7462876] [25-1673] (GW) [Entered: 07/15/2025 09:05 AM] |
| Filing 32 Submitted brief by Sarah L. J. Aceves for amicus Amici Curiae State of Vermont et al.. Federal or state filer (consent unnecessary). [32] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7462763] [25-1673] (Aceves, Sarah) [Entered: 07/14/2025 03:11 PM] |
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Filing 31
Order issued GRANTING motion to extend time to file appellees' briefs. [ # 30 ] Appellees' briefs due on or before 08/29/2025 for Clearview AI, Inc., Hoan Ton-That, Macy's, Incorporated, Jordan Orlando, Rocky Mountain Data Analytics LLC, Richard Schwartz, Rodell Sanders, Gerard Darche and Eric Gould. Appellant's reply brief, if any, is due on or before 09/19/2025 for Appellants Rick Claypool and Robert Weissman. CDH [31] [7462657] [25-1673] (JMB) [Entered: 07/14/2025 10:59 AM]
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| Filing 30 Motion filed by Appellees Clearview AI, Inc., Hoan Ton-That, Rocky Mountain Data Analytics LLC and Richard Schwartz to extend time to file appellee brief. [30] [7462580] [25-1673] (Thompson, James) [Entered: 07/11/2025 08:52 PM] |
| Filing 29 Paper copies of appellant brief filed by Appellants Rick Claypool and Robert Weissman. [29] [7462182] [25-1673] (EF) [Entered: 07/10/2025 11:11 AM] |
| Filing 28 Appellant's brief filed by Appellants Rick Claypool and Robert Weissman. Paper copies due on 07/14/2025. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [28] [7461209] [25-1673] (CAH) [Entered: 07/07/2025 11:07 AM] |
| Filing 27 Submitted appellant brief by Michael T. Kirkpatrick for Appellants Robert Weissman and Rick Claypool. [27] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7461179] [25-1673] (Kirkpatrick, Michael) [Entered: 07/07/2025 10:25 AM] |
| Filing 26 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Karla Gilbride for Appellants Robert Weissman and Rick Claypool. [26] [7461174] (L-No; E-Yes; R-No) [25-1673] [Edited 07/07/2025 by CG to reflect the addition of counsel.] (Gilbride, Karla) [Entered: 07/07/2025 10:17 AM] |
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Filing 25
ORDER re: Motion to extend time to file appellees' briefs. [ # 24 ] IT IS ORDERED that the motion is GRANTED only to the extent that briefing shall proceed as follows: Appellants' brief due on or before 07/07/2025 for Rick Claypool and Robert Weissman. Appellees' briefs due on or before 08/06/2025 for Clearview AI, Inc., Hoan Ton-That, Macy's, Incorporated, Jordan Orlando, Rocky Mountain Data Analytics LLC, Richard Schwartz, Rodell Sanders, Gerard Darche and Eric Gould. Appellants' reply brief, if any, is due on or before 08/27/2025 for Appellants Rick Claypool and Robert Weissman. If necessary, the appellees may file a motion for extension of time to file their responsive briefs as the due date for filing nears. CDH [25] [7454944] [25-1673] (JMB) [Entered: 05/29/2025 01:03 PM]
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| Filing 24 Motion filed by Appellees Clearview AI, Inc., Hoan Ton-That, Rocky Mountain Data Analytics LLC and Richard Schwartz to extend time to file appellee brief. [24] [7454792] [25-1673] (Thompson, James) [Entered: 05/28/2025 04:51 PM] |
| Filing 23 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James Thompson for Appellees Clearview AI, Inc., Hoan Ton-That, Rocky Mountain Data Analytics LLC and Richard Schwartz. for Thomas Mulcaire. [23] [7452427] (L-Yes; E-Yes; R-No) [25-1673] (Thompson, James) [Entered: 05/14/2025 04:59 PM] |
| Filing 22 Filed Response by Appellees Gerard Darche, Eric Gould, Jordan Orlando and Rodell Sanders to TO OBJECTORS-APPELLANTS' AMENDED DOCKETING STATEMENT (CORRECTED). [22][7452344] [25-1673] (Kanovitz, Michael) [Entered: 05/14/2025 02:42 PM] |
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Filing 21
ORDER: Appellees shall file an amended docketing statement that provides a complete statement of jurisdiction on or before May 21, 2025. (See order for details) . JXK [21] [7452241] [25-1673] (AP) [Entered: 05/14/2025 12:10 PM]
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| Filing 20 Filed Response by Appellees Gerard Darche, Eric Gould, Jordan Orlando and Rodell Sanders to TO OBJECTORS- APPELLANTS' AMENDED DOCKETING STATEMENT. [20][7452114] [25-1673] (Loevy, Jon) [Entered: 05/13/2025 05:24 PM] |
| Filing 19 Added Attorney(s) Thomas M. Hanson for party(s) Appellee Gerard Darche Appellee Rodell Sanders Appellee Eric Gould Appellee Jordan Orlando, in case 25-1673 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas M. Hanson for Appellees Gerard Darche, Eric Gould, Rodell Sanders and Jordan Orlando. [19] [7452107] (L-No; E-Yes; R-No) [25-1673]--[Edited 05/14/2025 by AD to reflect the addition of counsel.] (Hanson, Thomas) [Entered: 05/13/2025 04:15 PM] |
| Filing 18 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jon Loevy for Appellees Eric Gould, Gerard Darche, Jordan Orlando and Rodell Sanders. [18] [7452100] (L-No; E-Yes; R-No) [25-1673] (Loevy, Jon) [Entered: 05/13/2025 03:55 PM] |
| Filing 17 Added Attorney(s) Michael Kanovitz for party(s) Appellee Gerard Darche Appellee Rodell Sanders Appellee Eric Gould Appellee Jordan Orlando, in case 25-1673 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael Kanovitz for Appellees Rodell Sanders, Jordan Orlando, Eric Gould and Gerard Darche. [17] [7452099] (L-Yes; E-Yes; R-No) [25-1673]--[Edited 05/14/2025 by AD to reflect the addition of counsel.] (Kanovitz, Michael) [Entered: 05/13/2025 03:54 PM] |
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Filing 16
ORDER re: Notice of corrected parties, filed on 5/6/2025. Rodell Sanders, Gerard Dache, and Eric Gould are substituted as plaintiffs-appellees. The clerk will modify the docket to reflect that Rodell Sanders, Gerard Dache, Eric Gould, and Jordan Orlando are the only plaintiffs-appellees in this appeal and are represented by attorney Jon C. Loevy. [ # 14 ] CDH [16] [7451299] [25-1673] (FP) [Entered: 05/08/2025 03:47 PM]
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| Filing 15 Filed PLAINTIFF-APPELLEES AND DEFENDANT-APPELLEES STATEMENT RE JUDGMENT by Appellee Jordan Orlando. [15] [7451077] [25-1673] (Loevy, Jon) [Entered: 05/07/2025 05:01 PM] |
| Filing 14 Filed Notice of Corrected Parties by Appellee Jordan Orlando. [14] [7450707] [25-1673] (Loevy, Jon) [Entered: 05/06/2025 12:42 PM] |
| Filing 13 Statement regarding judgment filed by Appellants Robert Weissman and Rick Claypool. [13] [7450397] [25-1673]--[Document description updated 05/08/2025 by JR.] (Kirkpatrick, Michael) [Entered: 05/05/2025 12:46 PM] |
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Filing 12
ORDER re: Amended docketing statement. On consideration of appellants amended docketing statement suggesting that plaintiffs failed to establish diversity of citizenship, IT IS ORDERED that appellees shall file on or before May 13, 2025, a response to appellants docketing statement that provides a complete statement of jurisdiction. See Cir. R. 3(c)(1), 28(a)(1). JXK [12] [7449544] [25-1673] (JMB) [Entered: 04/30/2025 10:44 AM]
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| Filing 11 Amended Jurisdictional Statement filed by Appellants Robert Weissman and Rick Claypool. [11] [7449473] [25-1673] (Kirkpatrick, Michael) [Entered: 04/29/2025 04:36 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael T. Kirkpatrick for Appellants Robert Weissman and Rick Claypool. [10] [7449467] (L-Yes; E-Yes; R-No) [25-1673]--[Docket updated 04/29/2025 by JR to add Attorney Kirkpatrick.] (Kirkpatrick, Michael) [Entered: 04/29/2025 04:20 PM] |
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Filing 9
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' brief due on or before 06/16/2025 for Rick Claypool and Robert Weissman. Appellees' briefs due on or before 07/16/2025 for Mario Calderon, City of Antioch, City of El Segundo, Clearview AI, Inc., Anthony Hall, Hoan Ton-That, Macy's, Incorporated, David Mutnick, Jordan Orlando, Rocky Mountain Data Analytics LLC, Richard Schwartz and Steven Vance. Appellants' reply brief, if any, is due on or before 08/06/2025 for Appellants Rick Claypool and Robert Weissman. JB [7448838] [25-1673] (AD) [Entered: 04/25/2025 03:12 PM]
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| Filing 8 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted via Zoom, Thursday, May 15, 2025 at 10:30 a.m. Central Time. See Notice for further details and requirements. JB [8] [7448835] [25-1673] (AD) [Entered: 04/25/2025 03:09 PM] |
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Filing 7
ORDER: Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement that provides information concerning the district courts jurisdiction. If jurisdiction depends on diversity, the statement must identify the jurisdictional amount and the citizenship of each party to the litigation. If any party is a corporation, the rule specifically requires an appellant to identify both the state of incorporation and the state in which the corporation has its principal place of business. And if any party is an unincorporated association or partnership, the statement must identify the citizenship of all members. In the present case, appellants rely on diversity of citizenship for federal jurisdiction. But appellants Circuit Rule 3(c) docketing statement fails to adequately identify the citizenship of the parties. It is insufficient to provide only the state of residence, as opposed to domicile, for each relevant person. See Winforge, Inc. v. Coachmen Indus., Inc., 691 F.3d 856, 867 (7th Cir. 2012). Appellants must provide the omitted information regarding the parties citizenship. Cir. R. 28(a)(1). Accordingly, IT IS ORDERED that appellants shall file an amended docketing statement that provides a complete statement of jurisdiction that includes the omitted information. The statement is due on or before April 30, 2025. JXK [7] [7448352] [25-1673] (JMB) [Entered: 04/23/2025 03:40 PM]
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| Filing 6 Filed Seventh Circuit Transcript Information Sheet by Appellants Robert Weissman and Rick Claypool. [6] [7448329] [25-1673] (Liu, Wendy) [Entered: 04/23/2025 02:48 PM] |
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Filing 5
ORDER re: A preliminary review of the short record suggests that the district court has not entered a judgment under Rule 58 of the Federal Rules of Civil Procedure. Accordingly, IT IS ORDERED that appellants and appellees shall file, on or before May 7, 2025, a statement advising the court whether they will request in the district court that judgment be set out in a separate document. See Fed. R. Civ. P. 58(d). JXK [5] [7448320] [25-1673] (JMB) [Entered: 04/23/2025 02:36 PM]
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Filing 4
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). [7448317] [4] [7448317] [25-1673] (FP) [Entered: 04/23/2025 02:24 PM]
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| Filing 3 No attorney(s) added for AT&T Inc.; Kohl's Inc.; Best Buy Stores, L.P. Albertson's Companies, LLC; Walmart Inc. Home Depot, Inc., per District Court docket. [3] [7448220] [25-1673] (FP) [Entered: 04/23/2025 10:15 AM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: PLAINTIFFs-APPELLEES Maria Broccolino; Shelby Zelonis Roberson; Dean John; Ryan Balfanz; Benjamin Jais; Rosemary Arias; Aimee Albrecht; Chris Marron; Maryann Daker; Aaron Hurvitz; Andrea Vestrand; Isela Carmean; Steven Renderos; Reyna Maldonado; Lisa Knox; Mijente Support Committee; Norcal Resist Fund; Valeria Thais Suarez Rojas; Akina Younge; Yadi Younse; Myaisha Hayes; Cinthya Rodriguez; and All Plaintiffs. DEFENDANTS-APPELLLEES Thomas Mulcaire; County of Alameda; Macy's Retail Holdings, Inc.; Macy's Corporate Services, Inc.; AT&T Inc.; Kohl's, Inc.; Best Buy Stores, L.P.; Albertson's Companies, LLC; Walmart Inc.; and Home Depot, Inc. [2] [7448173] [25-1673] (FP) [Entered: 04/22/2025 04:57 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 05/05/2025. Appellant's brief due on or before 06/02/2025 for Rick Claypool and Robert Weissman. [1] [7448181] [25-1673] (FP) [Entered: 04/23/2025 08:28 AM] |
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