Sleep Number Corporation v. Steven Young, et al
| UDP Labs, Inc., a Delaware corporation, Steven Jay Young and Carl Hewitt |
| Sleep Number Corporation |
| 21-1784 |
| April 9, 2021 |
| U.S. Court of Appeals, Eighth Circuit |
| Other |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.
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| ARGUED & SUBMITTED in St. Paul to Judges Lavenski R. Smith, Raymond W. Gruender, Jonathan A. Kobes on 12/15/2021 William M. Jay for Appellants Mr. Steven Jay Young, Mr. Carl Hewitt and UDP Labs, Inc. Andrew S. Hansen for Appellee Sleep Number Corporation. Rebuttal by William M. Jay for Mr. Steven Jay Young, Mr. Carl Hewitt and UDP Labs, Inc. RECORDED. # Click Here To Listen to Oral Argument [5108412] [21-1784] (MMH) [Entered: 12/15/2021 12:34 PM] |
| COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. William Evans for Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young. [5097683] [21-1784] (WE) [Entered: 11/15/2021 02:52 PM] |
| COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. William M. Jay for Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young. [5097675] [21-1784] (WMJ) [Entered: 11/15/2021 02:48 PM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. William M. Jay for Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young for argument in December, at the U.S. Courthouse in St. Paul, Minnesota. [5097658] [21-1784] (WMJ) [Entered: 11/15/2021 02:42 PM] |
| COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Ms. Elizabeth A. Patton for Sleep Number Corporation. [5097568] [21-1784] (EAP) [Entered: 11/15/2021 01:17 PM] |
| COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. Andrew Scott Hansen for Sleep Number Corporation. [5097564] [21-1784] (ASH) [Entered: 11/15/2021 01:13 PM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Andrew Scott Hansen for Sleep Number Corporation for argument in December, at the U.S. Courthouse in St. Paul, Minnesota. [5097560] [21-1784] (ASH) [Entered: 11/15/2021 01:10 PM] |
| SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Paul on Wednesday, December 15, 2021. To be heard before Judges Lavenski R. Smith, Raymond W. Gruender and Jonathan A. Kobes in Division I. The courtroom deputy will be Michelle Hyatt. 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. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. ACTION REQUIRED All attorneys presenting in-person oral argument must submit either a PDF of their vaccination card or proof of a recent negative COVID-19 test result. To submit your document, please file the document in CM/ECF using the "COVID-19 Certification for Oral Argument" event. This does not replace the need to file the Oral Argument Response Form. # Click Here to View Courthouse Specific COVID-19 Requirements [5097197] [21-1784] (JMM) [Entered: 11/12/2021 03:36 PM] |
LETTER from Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young regarding availability for oral argument. w/service 09/30/2021 [5082334] [21-1784] (WMJ) [Entered: 09/30/2021 01:27 PM]
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RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #198 [Copy do not return to the District Court at end of case], Source Location: USDC / MN, Dt. of Proceeding/Hearing: 04/20/2021, No. of Pgs.: 33, Court Reporter: Weinbeck, Maria Victoria [5057179] [21-1784] (STL) [Entered: 07/21/2021 01:24 PM]
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LETTER from Appellee Sleep Number Corporation regarding availability for oral argument. w/service 07/19/2021 [5056153] [21-1784] (ASH) [Entered: 07/19/2021 01:00 PM]
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LETTER from Appellants UDP Labs, Inc. and Mr. Steven Jay Young regarding availability for oral argument. w/service 07/19/2021 [5056080] [21-1784] (WMJ) [Entered: 07/19/2021 11:13 AM]
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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. [5054170] [21-1784] (MR) [Entered: 07/13/2021 10:50 AM]
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Paper copies Reply brief, [ # 5047018-2 ] filed by Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young 10 paper copies received. [5047660] [21-1784] (CRJ) [Entered: 06/22/2021 01:25 PM]
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BRIEF FILED - APPELLANT REPLY BRIEF filed by Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young. w/service 06/21/2021 , Length: 6,435 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Carl Hewitt, UDP Labs, Inc. and Steven Jay Young due 06/28/2021 WITH certificate of service for paper briefs [5047018] [21-1784] (CRJ) [Entered: 06/21/2021 12:29 PM]
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REPLY brief of Mr. Steven Jay Young, UDP Labs, Inc. and Mr. Carl Hewitt 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. [5046647] [21-1784] (WMJ) [Entered: 06/17/2021 05:33 PM]
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RECORD FILED - APLEE/RES APPENDIX, 2 volumes, Comments: 3 sets of 2-volume appendix. VOLUME II IS FILED UNDER SEAL. [5041413] [21-1784] (CMD) [Entered: 06/02/2021 02:36 PM]
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CLERK ORDER: Granting [ # 5041398-2 ] motion to seal filed by Appellee Sleep Number Corporation. The Court is hereby sealing the following: Volume II of appellee's appendix. [5041404] [21-1784] (CMD) [Entered: 06/02/2021 02:25 PM]
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MOTION to seal portion of appendix, filed by Appellee Sleep Number Corporation w/service 06/01/2021. [5041398] [21-1784] (CMD) [Entered: 06/02/2021 02:22 PM]
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Paper copies Appellee/Respondent brief, [ # 5040076-2 ] filed by Sleep Number Corporation 10 copies paper copies received. [5040936] [21-1784] (CMD) [Entered: 06/01/2021 02:38 PM]
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BRIEF FILED - APPELLEE BRIEF filed by Sleep Number Corporation, w/service 05/27/2021 , Length: 12,708 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Sleep Number Corporation due 06/01/2021 WITH certificate of service for paper briefs. Reply brief of Carl Hewitt, UDP Labs, Inc. and Steven Jay Young due on 06/17/2021. [5040076] [21-1784] (CRJ) [Entered: 05/27/2021 04:30 PM]
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APPELLEE brief of Sleep Number Corporation 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. [5040035] [21-1784] (ASH) [Entered: 05/27/2021 03:33 PM]
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Brief deficiency notice sent to counsel, Attorney Mr. Andrew Scott Hansen for Appellee Sleep Number Corporation. [5039978] [21-1784] (CRJ) [Entered: 05/27/2021 02:47 PM]
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APPELLEE brief of Sleep Number Corporation 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. [5039658] [21-1784] (ASH) [Entered: 05/26/2021 04:06 PM]
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REPLY to motion to supplement record [ # 5033402-2 ], motion for Calendar [ # 5033402-3 ] filed by Appellee Sleep Number Corporation w/service 05/21/2021. - FOR CAL [5038288] [21-1784]--[Edited 05/24/2021 by CRJ] (ASH) [Entered: 05/21/2021 04:00 PM]
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CERTIFICATE OF COMPLIANCE filed by correcting [5037911-2] reply filed by Appellee. [5038278] [21-1784] (ASH) [Entered: 05/21/2021 03:48 PM]
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On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for reply 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 reply did not contain this certificate of compliance. No action will be taken on your reply , [5037911-2], submitted by Sleep Number Corporation in 21-1784 , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [21-1784] (CRJ) [Entered: 05/21/2021 12:39 PM]
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REPLY to motion to supplement record [ # 5033402-2 ], motion for Calendar [ # 5033402-3 ] filed by Appellee Sleep Number Corporation w/service 05/20/2021. [5037911] [21-1784]--[Edited 05/24/2021 by CRJ. THIS ENTRY HAS BEEN LOCKED. COUNSEL HAS REFILED THE REPLY WITH A WORD COUNT. SEE HISTORY#5038288.] (ASH) [Entered: 05/20/2021 04:00 PM]
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CLERK ORDER:The motion to supplement record with attached exhibits filed by Mr. Andrew Scott Hansen in 21-1784 , [ # 5033402-2 ] 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 [5036512] [21-1784] (CRJ) [Entered: 05/18/2021 09:28 AM]
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RESPONSE in opposition to motion [ # 5033402-2 ] filed by Attorney Mr. William M. Jay for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young , w/service 05/17/2021. - FOR CAL [5036393] [21-1784]--[Edited 05/18/2021 by CRJ] (WMJ) [Entered: 05/17/2021 04:44 PM]
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MOTION to supplement the record with attached exhibits, filed by Attorney Mr. Andrew Scott Hansen for Appellee Sleep Number Corporation w/service by USCA8 05/07/2021. - FOR CAL [5033402] [21-1784]--[Edited 05/18/2021 by CRJ] (CRJ) [Entered: 05/07/2021 04:39 PM]
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CLERK ORDER:Granting [ # 5033391-2 ] motion to seal filed by Mr. Andrew Scott Hansen. The Court is hereby sealing the following: Motion to supplement the record, Declaration of Natalie I. Uhlemann and Exhibits A, B, C, D and E. [5033393] [21-1784] (CRJ) [Entered: 05/07/2021 04:23 PM]
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MOTION to seal the Motion to supplement the record, Declaration of Natalie I. Uhlemann and Exhibits A, B, C, D and E, filed by Attorney Mr. Andrew Scott Hansen for Appellee Sleep Number Corporation w/service by USCA8 05/07/2021. [5033391] [21-1784] (CRJ) [Entered: 05/07/2021 04:20 PM]
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JUDGE ORDER:Denying [ # 5026745-2 ] motion for an expedited appeal filed by Mr. David Leonard Hashmall, Mr. William M. Jay, Mr. Eric Young Su, Mr. Indra Neel Chatterjee, Mr. Lucas Dahlin, Ms. Rachel M. Walsh and Mr. William Evans. Adp Apr 2021 [5033026] [21-1784] (CRJ) [Entered: 05/06/2021 04:23 PM]
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REPLY to response [ # 5030399-2 ] filed by Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young w/service 05/04/2021. [5032076] [21-1784] (WMJ) [Entered: 05/04/2021 08:15 PM]
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RESPONSE in opposition to motion for an expedited appeal [ # 5026745-2 ] filed by Attorney Mr. Andrew Scott Hansen for Appellee Sleep Number Corporation , w/service 04/29/2021. [5030399] [21-1784] (ASH) [Entered: 04/29/2021 11:53 AM]
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Paper copies Appellant/Petitioner Brief, [ # 5028926-2 ] filed by Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young 10 paper copies received. w/Addendum attached [5029664] [21-1784] (AMT) [Entered: 04/27/2021 02:15 PM]
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RECORD FILED - APLNT/PET APPENDIX, 2 volumes, Comments: 3 copies of 2 volumes [5029252] [21-1784] (NDG) [Entered: 04/26/2021 03:32 PM]
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ADDENDUM of APPELLANT FILED by Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young , w/service 04/26/2021 [5028932] [21-1784] (CRJ) [Entered: 04/26/2021 09:35 AM]
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BRIEF FILED - APPELLANT BRIEF filed by Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young. w/service 04/26/2021 , Length: 12,685 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Carl Hewitt, UDP Labs, Inc. and Steven Jay Young due 05/03/2021 WITH certificate of service for paper briefs. Brief of Sleep Number Corporation due on 05/26/2021 [5028926] [21-1784] (CRJ) [Entered: 04/26/2021 09:32 AM]
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Addendum of APPELLANT submitted for review by Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5028840] [21-1784] (WMJ) [Entered: 04/23/2021 09:09 PM]
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APPELLANT brief of Mr. Steven Jay Young, Mr. Carl Hewitt and UDP Labs, Inc. 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. [5028839] [21-1784] (WMJ) [Entered: 04/23/2021 08:58 PM]
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MOTION for an expedited appeal, filed by Mr. William M. Jay for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young, Mr. David Leonard Hashmall for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young, Mr. Indra Neel Chatterjee for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young, Mr. Lucas Dahlin for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young, Ms. Rachel M. Walsh for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young, Mr. Eric Young Su for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young and Mr. William Evans for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young w/service 04/19/2021. [5026745] [21-1784] (WMJ) [Entered: 04/19/2021 10:04 AM]
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METHOD of appendix preparation filed by Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young - Separate Appendix - w/service 04/16/2021 [5026418] [21-1784] (WMJ) [Entered: 04/16/2021 12:00 PM]
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APPEARANCE filed by Lukas D. Toft for Appellee Sleep Number Corporation w/service 04/16/2021 [5026524] [21-1784] (LDT) [Entered: 04/16/2021 02:17 PM]
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Certificate of transcript filed by Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young. Transcript ordered[5026460] [21-1784] (WMJ) [Entered: 04/16/2021 12:32 PM]
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APPEARANCE filed by William Evans for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young w/service 04/13/2021 [5025119] [21-1784] (WE) [Entered: 04/13/2021 02:29 PM]
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APPEARANCE filed by Eric Su for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young w/service 04/13/2021 [5025114] [21-1784] (EYS) [Entered: 04/13/2021 02:27 PM]
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APPEARANCE filed by Lucas Dahlin for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young w/service 04/13/2021 [5025106] [21-1784] (LD) [Entered: 04/13/2021 02:23 PM]
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APPEARANCE filed by Rachel Walsh for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young w/service 04/13/2021 [5025098] [21-1784] (RMW) [Entered: 04/13/2021 02:20 PM]
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APPEARANCE filed by I. Neel Chatterjee for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young w/service 04/13/2021 [5025092] [21-1784] (INC) [Entered: 04/13/2021 02:15 PM]
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CORPORATE disclosure statement filed by Appellee Sleep Number Corporation. - FOR CAL [5024746] [21-1784] (ASH) [Entered: 04/13/2021 09:06 AM]
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APPEARANCE filed by Natalie I. Uhlemann for Appellee Sleep Number Corporation w/service 04/13/2021 [5024743] [21-1784] (NIU) [Entered: 04/13/2021 09:03 AM]
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APPEARANCE filed by Elizabeth A. Patton for Appellee Sleep Number Corporation w/service 04/13/2021 [5024739] [21-1784] (EAP) [Entered: 04/13/2021 09:00 AM]
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APPEARANCE filed by Randall J. Pattee for Appellee Sleep Number Corporation w/service 04/13/2021 [5024736] [21-1784] (RJP) [Entered: 04/13/2021 08:58 AM]
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APPEARANCE filed by Andrew S. Hansen for Appellee Sleep Number Corporation w/service 04/13/2021 [5024729] [21-1784] (ASH) [Entered: 04/13/2021 08:53 AM]
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APPEARANCE filed by David L. Hashmall for Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young w/service 04/12/2021 [5024192] [21-1784] (DLH) [Entered: 04/12/2021 08:46 AM]
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BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 05/19/2021. Appendix due 06/01/2021. BRIEF APPELLANT, Carl Hewitt, UDP Labs, Inc. and Steven Jay Young due 06/01/2021 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5023721] [21-1784] (CBO) [Entered: 04/09/2021 10:24 AM]
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Originating court document filed consisting of docket entries, order filed 3/31/2021, and notice of appeal filed 4/6/2021. [5023720] [21-1784] (CBO) [Entered: 04/09/2021 10:23 AM]
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APPEARANCE filed by William M. Jay for Appellants UDP Labs, Inc., Mr. Carl Hewitt and Mr. Steven Jay Young w/service 04/09/2021 [5024087] [21-1784] (WMJ) [Entered: 04/09/2021 04:20 PM]
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CORPORATE disclosure statement filed by Appellant UDP Labs, Inc.. - FOR CAL [5024137] [21-1784] (WMJ) [Entered: 04/09/2021 05:39 PM]
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Civil case docketed. [5023718] [21-1784] (CBO) [Entered: 04/09/2021 10:18 AM]
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LETTER from Appellants Mr. Carl Hewitt, UDP Labs, Inc. and Mr. Steven Jay Young regarding availability for oral argument. w/service 09/30/2021 [5082334] [21-1784] (WMJ) [Entered: 09/30/2021 01:27 PM]