Panera, LLC v. James Dobson, et al
| Panera, LLC |
| Krish Gopalakrishnan, James Phillips, also known as Kyle, James Dobson and Act III Management, LLC |
| 19-1683 |
| April 2, 2019 |
| U.S. Court of Appeals, Eighth Circuit |
| Other Contract Actions |
Docket Report
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This docket was last retrieved on June 29, 2021. A more recent docket listing may be available from PACER.
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MANDATE ISSUED. [5049948] [19-1683] (CRJ) [Entered: 06/29/2021 08:56 AM]
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JUDGMENT FILED - The appeal is held as moot. The judgment of the originating court is vacated and remanded in accordance with the opinion of this court. LAVENSKI R. SMITH, ROGER L. WOLLMAN and DAVID R. STRAS Hrg Feb 2021 [5043022] [19-1683] (CMD) [Entered: 06/08/2021 09:51 AM]
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OPINION FILED - THE COURT: Lavenski R. Smith, Roger L. Wollman and David R. Stras AUTHORING JUDGE:Lavenski R. Smith (PUBLISHED); Granting [ # 4918378-2 ] motion take judicial notice filed by Mr. Bret A. Cohen.; Granting [ # 4901550-2 ] motion to take judicial notice filed by Mr. James W. Bucking. [5043006] [19-1683] (CMD) [Entered: 06/08/2021 09:33 AM]
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ARGUED & SUBMITTED Via Videoconference to Judges Lavenski R. Smith, Roger L. Wollman, David R. Stras on 02/18/2021. Ms. Rachel A. Hedley for Appellant Panera; Mr. James W. Bucking for Appellees James Phillips, Mr. James Dobson, Krish Gopalakrishnan and Act III Management. Rebuttal by Ms. Rachel A. Hedley for Panera RECORDED. # Click Here To Listen to Oral Argument [5005715] [19-1683] (JMM) [Entered: 02/18/2021 12:06 PM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Ms. Rachel A. Hedley for Panera for argument in February, at the Tele/Video Conference in St. Louis, Missouri. [4996502] [19-1683] (RAH) [Entered: 01/21/2021 01:57 PM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. James W. Bucking for Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips for argument in February, at the Tele/Video Conference in St. Louis, Missouri. [4995336] [19-1683] (JWB) [Entered: 01/19/2021 07:59 AM]
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SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument on Thursday, February 18, 2021. To be heard before Judges Lavenski R. Smith, Roger L. Wollman and David R. Stras in Division I. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. [4995026] [19-1683] (JMM) [Entered: 01/15/2021 01:20 PM]
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JUDGE ORDER: The appellant's unopposed motion for continuance of oral argument has been considered by the court and is granted. This case will be rescheduled for oral argument during the February 15 - 19, 2021, court session. [ # 4977887-2 ] Hrg Dec 2020 [4979344] [19-1683] (JMM) [Entered: 11/25/2020 11:23 AM]
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MOTION for continuance of oral argument, filed by Attorney Mr. Bret A. Cohen for Appellant Panera w/service 11/20/2020. [4977887] [19-1683] (BAC) [Entered: 11/20/2020 01:01 PM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. James W. Bucking for Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips for argument in December, at the Tele/Video Conference in St. Louis, Missouri. [4975844] [19-1683] (JWB) [Entered: 11/16/2020 08:23 AM]
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SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument via videoconference on Thursday, December 17, 2020. To be heard before Judges Lavenski R. Smith, Roger L. Wollman and James B. Loken in Division I. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. [4975674] [19-1683] (JMM) [Entered: 11/13/2020 03:46 PM]
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LETTER from Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips regarding availability for oral argument. w/service 11/11/2020 [4974759] [19-1683] (JWB) [Entered: 11/11/2020 11:28 AM]
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CORRECTED/INITIAL certificate of service for Paper Brief, Doc No. [ # 4936935-2 ], filed by Appellant Panera [4937829] [19-1683] (BAC) [Entered: 07/24/2020 01:08 PM]
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Paper copies [ # 4918422-2 ], Addendum filed by Panera 10 copies paper copies received. [4936939] [19-1683] (CMD) [Entered: 07/22/2020 03:43 PM]
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Paper copies Reply brief, [ # 4918411-2 ] filed by Panera 10 copies paper copies received. SEE ATTACHED: Paper brief deficiency due 07/27/2020. [4936935] [19-1683] (CMD) [Entered: 07/22/2020 03:40 PM]
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Paper copies Appellee/Respondent brief, [ # 4902154-2 ] filed by Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips 10 paper copies received, w/Addendum attached. [4934177] [19-1683] (HAG) [Entered: 07/15/2020 04:48 PM]
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LETTER from Appellant Panera regarding availability for oral argument. w/service 06/04/2020 [4920436] [19-1683] (BAC) [Entered: 06/04/2020 04:57 PM]
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CLERK ORDER:Appellants request to take judicial notice of certain material [ # 4918378-2 ], is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [4918384] [19-1683] (CRJ) [Entered: 05/29/2020 01:23 PM]
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BRIEF FILED - APPELLANT REPLY BRIEF filed by Panera. w/service 05/29/2020 , Length: 6,466 words [4918411] [19-1683] (CRJ) [Entered: 05/29/2020 01:52 PM]
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ADDENDUM FOR REPLY BRIEF of APPELLANT FILED by Appellant Panera , w/service 05/29/2020 [4918422] [19-1683] (CRJ) [Entered: 05/29/2020 01:58 PM]
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Addendum of APPELLANT submitted for review by Panera. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4916122] [19-1683] (BAC) [Entered: 05/22/2020 08:53 PM]
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REPLY brief of Panera submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4916121] [19-1683] (BAC) [Entered: 05/22/2020 08:49 PM]
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MOTION to take judicial notice of certain material., filed by Attorney Mr. Bret A. Cohen for Appellant Panera w/service by USCA8 05/29/2020. The request to take judicial notice can be found on page(s) 1 and 8 of the reply brief. - FOR CAL [4918378] [19-1683] [4918378] [19-1683]--[Edited 05/29/2020 by CRJ] (CRJ) [Entered: 05/29/2020 01:10 PM]
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LETTER from Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips regarding availability for oral argument. w/service 05/20/2020 [4915046] [19-1683] (JWB) [Entered: 05/20/2020 10:33 AM]
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MOTION for extension of time to file brief until 05/22/2020, filed by Attorney Mr. Bret A. Cohen for Appellant Panera w/service 04/27/2020. [4906850] [19-1683]--[Edited 04/27/2020 by NDW] Edited to correct event type (BAC) [Entered: 04/27/2020 10:16 AM]
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CLERK ORDER: Granting [ # 4906850-3 ] motion for extension of time to file brief filed by Mr. Bret A. Cohen. Reply brief of Panera due 05/22/2020 [4906875] [19-1683] (NDG) [Entered: 04/27/2020 11:04 AM]
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REPLY to motion for miscellaneous relief [ # 4901550-2 ], motion for Calendar [ # 4901550-3 ] filed by Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips w/service 04/27/2020. - FOR CAL [4907169] [19-1683]--[Edited 04/28/2020 by CRJ] (JFB) [Entered: 04/27/2020 05:24 PM]
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On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under [Rule 27], certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance. No action will be taken on your response , [ # 4904575-2 ], submitted by Mr. Bret A. Cohen in 19-1683 , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [19-1683] (CRJ) [Entered: 04/21/2020 12:41 PM]
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CERTIFICATE OF COMPLIANCE filed by Attorney Mr. Bret A. Cohen for Appellant Panera correcting [ # 4904575-2 ] response filed by Attorney. [4905307] [19-1683] (BAC) [Entered: 04/21/2020 05:58 PM]
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RESPONSE in opposition to motion [ # 4901550-2 ], motion [ # 4901550-3 ] filed by Attorney Mr. Bret A. Cohen for Appellant Panera , w/service 04/20/2020. - FOR CAL [4904575] [19-1683]--[Edited 04/22/2020 by CRJ] (BAC) [Entered: 04/20/2020 01:39 PM]
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Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [4902910] [19-1683] (JMM) [Entered: 04/15/2020 11:35 AM]
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CLERK ORDER:The motion to take Judicial Notice of Delaware State Court Proceedings filed by Mr. James W. Bucking in 19-1683 , [ # 4901550-2 ] is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [4901892] [19-1683] (CRJ) [Entered: 04/13/2020 12:21 PM]
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BRIEF FILED - APPELLEE BRIEF filed by Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips, w/service 04/13/2020 , Length: 12,044 words Reply brief of Panera due on 05/04/2020. [4902154] [19-1683] (CRJ) [Entered: 04/13/2020 04:51 PM]
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ADDENDUM of APPELLEE FILED by Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips , w/service 04/13/2020 [4902157] [19-1683] (CRJ) [Entered: 04/13/2020 04:56 PM]
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MOTION To Take Judicial Notice of Delaware State Court Proceedings, filed by Attorney Mr. James W. Bucking for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips w/service 04/10/2020. - FOR CAL [4901550] [19-1683]--[Edited 04/13/2020 by CRJ] (JWB) [Entered: 04/10/2020 03:09 PM]
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APPELLEE brief of Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4901557] [19-1683] (JWB) [Entered: 04/10/2020 03:15 PM]
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Addendum of APPELLEE submitted for review by Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4901562] [19-1683] (JWB) [Entered: 04/10/2020 03:18 PM]
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CLERK ORDER:Upon consideration of the joint status report filed March 20, 2020, the case is removed from abeyance status and the briefing schedule is resumed. Appellees' brief is due April 10, 2020. Appellants reply brief shall be due 21 days following the filing of Appellees' brief. [4894245] [19-1683] (CRJ) [Entered: 03/23/2020 10:54 AM]
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Status report filed by Panera. w/service 03/20/2020 [4894053] [19-1683] (BAC) [Entered: 03/20/2020 05:51 PM]
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CLERK ORDER: The parties joint motion to continue the stay of appellate proceedings is granted [ # 4870625-2 ]. The parties next status report is due March 20, 2020. [4870823] [19-1683] (BNW) [Entered: 01/14/2020 07:35 AM]
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MOTION to Continue Stay of Appeal, filed by Attorney Mr. Bret A. Cohen for Appellant Panera w/service 01/13/2020. [4870625] [19-1683] (BAC) [Entered: 01/13/2020 02:11 PM]
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Status report filed by Panera. w/service 01/13/2020 [4870617] [19-1683] (BAC) [Entered: 01/13/2020 02:01 PM]
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CLERK ORDER: The parties' joint motion to continue to hold this appeal in abeyance to January 13, 2020 is granted [ # 4846876-2 ]. If the matter has not been dismissed by that date, the parties shall file a written status report. [4846990] [19-1683] (BNW) [Entered: 10/30/2019 08:53 AM]
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Status report filed by Act III Management, Mr. James Dobson, Krish Gopalakrishnan, James Phillips and Panera. w/service 10/29/2019 [4846871] [19-1683] (JFB) [Entered: 10/29/2019 03:55 PM]
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MOTION to hold briefing schedule in abeyance, filed by Attorney Mr. James F. Bennett for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips w/service 10/29/2019. [4846876] [19-1683] (JFB) [Entered: 10/29/2019 04:00 PM]
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RECORD FILED - HEARING TRANSCRIPT, 1 volumes, Location STL, Comments: Temporary Restraining Order Hearing [Copy do not return to the District Court at end of case], Source Location: USDC / EMSL, Dt. of Proceeding/Hearing: 02/27/2019, No. of Pgs.: 47, Court Reporter: Daley, Angie [4841091] [19-1683] (STL) [Entered: 10/11/2019 01:02 PM]
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CLERK ORDER: The parties' joint motion to hold this appeal in abeyance to November 1, 2019 is granted. If the matter has not been dismissed by that date, the parties shall file a written status report. [ # 4831980-4 ] [4832798] [19-1683] (BNW) [Entered: 09/19/2019 11:33 AM]
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MOTION to hold briefing schedule in abeyance:Pending attempt to resolve appeal., filed by Mr. James F. Bennett for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips, Ms. Elizabeth C. Carver for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips, Mr. James W. Bucking for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips, Mr. Matthew C. Baltay for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips, Ms. Sheena Hamilton for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips and Mr. Bret A. Cohen for Appellant Panera and Ms. Jessica L. Liss for Appellant Panera w/service 09/17/2019. [4831980] [19-1683] [Edited 09/19/2019 by BNW to correct relief] (JFB) [Entered: 09/17/2019 04:41 PM]
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CLERK ORDER:Granting [ # 4823893-2 ] motion for extension of time to file brief filed by Mr. James F. Bennett. Brief of Act III Management, James Dobson, Krish Gopalakrishnan and James Phillips due 09/26/2019. [4824861] [19-1683] NDA Resent with revised order attached.--[Edited 08/29/2019 by AMT] (CRJ) [Entered: 08/29/2019 10:56 AM]
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APPEARANCE filed by Matthew C. Baltay for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips w/service 08/27/2019 [4823884] [19-1683] (MCB) [Entered: 08/27/2019 03:15 PM]
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APPEARANCE filed by James W. Bucking for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips w/service 08/27/2019 [4823885] [19-1683] (JWB) [Entered: 08/27/2019 03:17 PM]
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MOTION for extension of time to file brief until 09/26/2019, filed by Attorney Mr. James F. Bennett for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips w/service 08/27/2019. [4823893] [19-1683] (JFB) [Entered: 08/27/2019 03:27 PM]
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MOTION for extension of time to file brief until 09/09/2019, filed by Appellees Mr. James Dobson, Krish Gopalakrishnan, James Phillips and Act III Management w/service 07/23/2019. [4810846] [19-1683] (JFB) [Entered: 07/23/2019 11:08 AM]
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CLERK ORDER:Granting [ # 4810846-2 ] motion for extension of time to file brief filed by Appellees James Phillips, Mr. James Dobson, Krish Gopalakrishnan and Act III Management. Brief of Act III Management, James Dobson, Krish Gopalakrishnan and James Phillips due 09/09/2019. [4811129] [19-1683] (BNW) [Entered: 07/23/2019 03:39 PM]
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Paper copies Appellant Brief, [ # 4806288-2 ] filed by Panera 10 paper copies received w/Addendum attached. [4808586] [19-1683] (BNW) [Entered: 07/16/2019 01:01 PM]
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RECORD FILED - JOINT APPENDIX, 4 volumes, 1 boxes, Comments: 4 volumes, 3 copies per volume, Source Location: St. Louis [4808664] [19-1683] (BNW) [Entered: 07/16/2019 02:48 PM]
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BRIEF FILED - APPELLANT BRIEF filed by Panera w/service 07/09/2019. Length: 5,893 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Panera due 07/15/2019 WITH certificate of service for paper briefs. Brief of Act III Management, James Dobson, Krish Gopalakrishnan and James Phillips due on 08/08/2019. [4806288] [19-1683] (BNW) [Entered: 07/09/2019 03:54 PM]
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ADDENDUM of APPELLANT FILED by Appellant Panera w/service 07/09/2019. [4806293] [19-1683] (BNW) [Entered: 07/09/2019 03:55 PM]
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APPELLANT brief of Panera submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4805772] [19-1683] (JLL) [Entered: 07/08/2019 06:34 PM]
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Addendum of APPELLANT submitted for review by Panera. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4805773] [19-1683] (JLL) [Entered: 07/08/2019 06:36 PM]
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MOTION for extension of time to file brief until 07/08/2019, filed by Appellant Panera w/service 06/14/2019. [4798079] [19-1683] (BAC) [Entered: 06/14/2019 03:17 PM]
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CLERK ORDER:Granting [ # 4798079-2 ] motion for extension of time to file brief filed by Appellant Panera. Appellant brief of Panera due 07/08/2019. Appendix due on 07/08/2019. [4798108] [19-1683] (BNW) [Entered: 06/14/2019 04:04 PM]
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| CLERK ORDER:Granting [ # 4788832-2 ] motion for extension of time to file brief filed by Appellant Panera. Appellant brief of Panera due 06/21/2019. Appendix due on 06/21/2019. [4789041] [19-1683] (BNW) [Entered: 05/20/2019 09:59 AM] |
| On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under Rule 27, certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance. No action will be taken on your motion for extension of time to file brief, [ # 4788832-2 ], submitted by Panera in 19-1683 , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [19-1683] (BNW) [Entered: 05/17/2019 04:01 PM] |
| CERTIFICATE OF COMPLIANCE filed by Attorney Mr. Bret A. Cohen for Appellant Panera correcting [ # 4788832-2 ] motion for extension of time to file brief filed by Appellant. [4788878] [19-1683] (BAC) [Entered: 05/17/2019 04:35 PM] |
| MOTION for extension of time to file brief until 06/21/2019, filed by Appellant Panera w/service 05/17/2019. [4788832] [19-1683] (BAC) [Entered: 05/17/2019 03:20 PM] |
| CORPORATE disclosure statement filed by Appellee Act III Management. - FOR CAL [4780747] [19-1683] (JFB) [Entered: 04/23/2019 05:12 PM] |
| METHOD of appendix preparation filed by Appellant Panera - Joint Appendix - w/service 04/16/2019 [4778451] [19-1683] (BAC) [Entered: 04/16/2019 04:56 PM] |
| STATEMENT of issues filed by Appellant Panera - w/service 04/16/2019. [4778453] [19-1683] (BAC) [Entered: 04/16/2019 05:00 PM] |
| APPEARANCE filed by Elizabeth C. Carver for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips w/service 04/12/2019 [4777409] [19-1683] (ECC) [Entered: 04/12/2019 02:44 PM] |
| APPEARANCE filed by James F. Bennett for Appellees Act III Management, Mr. James Dobson, Krish Gopalakrishnan and James Phillips w/service 04/12/2019 [4777403] [19-1683] (JFB) [Entered: 04/12/2019 02:41 PM] |
| APPEARANCE filed by Bret A. Cohen for Appellant Panera w/service 04/09/2019 [4775716] [19-1683] (BAC) [Entered: 04/09/2019 12:51 PM] |
| APPEARANCE filed by Jessica L. Liss for Appellant Panera w/service 04/08/2019 [4775381] [19-1683] (JLL) [Entered: 04/08/2019 05:14 PM] |
| CORPORATE disclosure statement filed by Appellant Panera. - FOR CAL [4775384] [19-1683] (JLL) [Entered: 04/08/2019 05:19 PM] |
| Originating court document filed consisting of notice of appeal 3/29/19, docket entries, Opinion, Memorandum & Order, Order of Dismissal. [4773386] [19-1683] (TMF) [Entered: 04/02/2019 03:59 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 05/13/2019. Appendix due 05/22/2019. BRIEF APPELLANT, Panera due 05/22/2019 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. Appellant reply brief is due 21 days from the date the court issues the Notice of Docket Activity filing the appellee brief. [4773390] [19-1683] (TMF) [Entered: 04/02/2019 04:02 PM] |
| Civil case docketed. [4773352] [19-1683] (TMF) [Entered: 04/02/2019 03:38 PM] |
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