Fisher Tool Co., Inc, et al v. Mayhew Steel, et al
| GILLET OUTILLAGE, a French corporation |
| FISHER TOOL COMPANY, INC. and YU FENG INDUSTRIAL COMPANY, LTD., a Taiwanese corporation |
| MAYHEW STEEL PRODUCTS, INC., a Massachusetts corporation and MATTHEWS COLLINS SHEPHERD AND MCKAY, a New Jersey partnership |
| 06-55996 |
| July 26, 2006 |
| U.S. Court of Appeals, Ninth Circuit |
| Antitrust |
Docket Report
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| Filing 67 MANDATE ISSUED.(AK, DFO and WAF) [06-55996, 06-56165] (LC) [Entered: 07/22/2008 10:15 AM] |
| Filing 66 FILED OPINION (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and WILLIAM A. FLETCHER) AFFIRMED. [Affirmed;Terminated on the merits after oral hearing;Written, reasoned, signed, published; Judge: AK Authoring, Judge: DFO On Panel But Did Not Write, Judge: WAF On Panel But Did Not Write (Panel involvement data updated for cases: 06-55996)]. FILED AND ENTERED JUDGMENT. [06-55996, 06-56165] (RMM) [Entered: 06/30/2008 09:03 AM] |
| Filing 65 Filed original and 15 copies Appellant Fisher Tool Co., Inc Appellant Yu Feng Industrial corrected opening briefs ( Informal: n) 62/53 pages (2 separate briefs) served on 2/11/08 PANEL [06-55996, 06-56165] (GR) [Entered: 02/13/2008 11:42 AM] |
| Filing 63 Filed order ( Alex KOZINSKI, ): Aplt's opening briefs cite to unpublished dispositions issued beofre 1/1/07, in contrvention of CR 36-3(c). Within 7 cal days of this order, aplts shall file and serve an original and 15 copies of corrected brief that omit the prohibited citations. Counsel for aplts is reminded that he may not charge his clients directly or indirectly for 1) time spent on preparation of the corrected brief or 2) costs incurred in the prep of the corrected briefs. FAXED PARTIES [06-55996, 06-56165] (GR) [Entered: 02/05/2008 08:15 AM] |
| Filing 62 ARGUED AND SUBMITTED TO Alex KOZINSKI, Diarmuid F. O'SCANNLAIN, William A. FLETCHER [06-55996, 06-56165] (DR) [Entered: 02/04/2008 12:15 PM] |
| Filing 61 Received Louis S. Mastriani for Appellant Yu Feng Industrial, Appellant Fisher Tool Co., Inc letter dated 1/31/08 re: response to addl citation FAXED PANEL [06-55996, 06-56165] (GR) [Entered: 02/01/2008 02:40 PM] |
| Filing 60 Filed Fisher Tool Co. Inc. and Yu Feng Industrial's RESPONSE (Additional Citations) to the Suppelemental Additional Citations filed by Gillet Outillage. Served on 1/31/08. (FAXED PANEL) [06-55996, 06-56165] (PG) [Entered: 01/31/2008 04:14 PM] |
| Filing 59 Filed order (Deputy Clerk: jf) Oral argument sched for 2/4/08 in Pasadena Calif, shall be limited to 10 minutes per side. PHONED [06-55996, 06-56165] (GR) [Entered: 01/29/2008 12:50 PM] |
| Filing 58 Received (via Fax) Gillet Outillage in 06-55996, Gillet Outillage in 06-56165 additional citations, served on 1/22/08. (emailed to PANEL) [06-55996, 06-56165] (DR) [Entered: 01/28/2008 02:16 PM] |
| Filing 57 Filed Notice of Change of Affiliation of Counsel and Notice of Stipulation for Substitution of Counse. (Terminated Maryam Shokrai affiliated with CALL, JENSEN & FERRELL entered Maryam Shokrai affiliated with WALDRON & OLSON) [06-55996, 06-56165] (PG) [Entered: 01/22/2008 03:01 PM] |
| Filing 56 FILED CERTIFIED RECORD ON APPEAL IN 12 CLERKS RECORD, 1 REPORTER'S TRANSCRIPT, 3 BULKY DOCUMENTS, AND 45 ENVELOPES OF SEALED DOCUMENTS. [06-55996] (JR) [Entered: 01/14/2008 11:16 AM] |
| Filing 53 CALENDARED: PASA Mon Feb 4, 2008 9:30am Courtroom 1 [06-55996, 06-56165] (XX) [Entered: 12/18/2007 03:11 PM] |
| Filing 52 Calendar materials being prepared. [06-55996, 06-56165] [06-55996, 06-56165] (MW) [Entered: 12/10/2007 12:50 PM] |
| Filing 51 Calendar check performed [06-55996, 06-56165] (AW) [Entered: 11/16/2007 01:48 PM] |
| Filing 48 Received notice of withdrawal of csls Michael G. McManus, Rodney R. Sweetland, III for aplts' ; served on 8/31/07 (MF) [Entered: 09/17/2007 11:25 AM] |
| Filing 47 Filed notice of withdrawal of csl David F. Nickel for aplts. dated 5/24/07. [06-55996, 06-56165] (MF) [Entered: 05/29/2007 01:44 PM] |
| Filing 45 Filed original and 15 copies aplts' reply brief, ( Informal: NO ) 32 pages with suppl excs of rec Vol 5 (NOTE: VOL 5 excs under seal****); served on 3/1/07 [06-55996, 06-56165] (MF) [Entered: 03/07/2007 12:07 PM] |
| Filing 44 Filed order (Deputy Clerk: amt) Aplt's unopposed mtn to file vol V of the excs under seal is GRANTED. VOl V of the exs shall be filed & maintained under seal. Aplt's unopposed mtn for leave to file an ovsz reply br of 7,522 words is GRANTED. Within 14 days after the date of this order, aplts shall file the reply br [06-55996, 06-56165] (MF) [Entered: 03/07/2007 12:03 PM] |
| Filing 43 Filed Appellants' mtn to exceed paage or type-volume limitations of their reply br [06-55996, 06-56165] served on 3/1/07 [PROMO w/copy of reply br) [06-55996, 06-56165] (MF) [Entered: 03/05/2007 09:59 AM] |
| Filing 42 Filed Appellant Fisher Tool Co., Inc in 06-55996, Appellant Yu Feng Industrial in 06-55996's motion to to file Aplt's Vol V UNDER SEAL. [06-55996, 06-56165] served on 3/1/07 [PROMO w/copy of Vol V] [06-55996, 06-56165] (MF) [Entered: 03/05/2007 09:56 AM] |
| Filing 41 Filed order (Deputy Clerk: amt) This order clarifies the 1/11/07 order. Appellant's unopposed motion to file volume III of the excerpts of record under seal is granted. Volume III of the excerpts of record shall be filed and maintained under seal. The opening brief shall not be maintained under seal. (PROMO) in 06-55996, 06-56165 [06-55996, 06-56165] (LC) [Entered: 02/27/2007 09:34 AM] |
| Filing 40 Received Appellees' Supplemental excerpts of record on appeal in Vol II volumes. (****UNDER SEAL****) (RECORDS) (MF) [Entered: 02/21/2007 08:58 AM] |
| Filing 38 Filed order (Deputy Clerk: amt) Aples' unopposed mtn to file Vol II of its suppl excs under seal is GRANTED. Vol II of apl's suppl excs of record shall be filed & maintained under seal. in 06-55996, 06-56165 [06-55996, 06-56165] (MF) [Entered: 02/20/2007 10:28 AM] |
| Filing 37 Received Appellee Mayhew Steel Product in 06-55996 satisfaction of (minor) brief deficiency. (Stmt Rel Cs) (RECORDS) [06-55996, 06-56165] (MF) [Entered: 02/14/2007 01:55 PM] |
| Filing 33 Received Appellee Gillet Outillage in 06-56165 supplemental excerpts of record VOL II (Mtn to file under seal pending - MOATT). (MF) [Entered: 02/05/2007 04:58 PM] |
| Filing 32 Filed Gillet Outillage's motion for leave to file Vol II of the excerpts of record UNDER SEAL; served on 2/2/07 [MOATT] (MF) [Entered: 02/05/2007 04:56 PM] |
| Filing 30 Filed original and 15 copies appellee Matthews Collins in 06-55996's 54 pages brief, & 5 copies of suppl excs in 1 vol; served on 2/2/07 [06-55996, 06-56165] (MF) [Entered: 02/05/2007 04:38 PM] |
| Filing 29 Filed original and 15 copies appellee Gillet Outillage 55 pages brief, & 6 copies of Suppl excs in 2 vols. (vol. 2 UNDER SEAL; motion pending in MOATT); served on 2/2/07 [06-55996, 06-56165] (MF) [Entered: 02/05/2007 03:56 PM] |
| Filing 27 Filed original and 15 copies Appellee Mayhew Steel Product in 06-55996 brief, 34 pages, 1 Exc. vols: served on 1/31/07 minor defcy: (Missing Stmt Rel Cs) Notified counsel. [06-55996, 06-56165] minor brief deficiency response due 2/15/07 in 06-55996; (MF) [Entered: 02/01/2007 01:56 PM] |
| Filing 26 Filed order (Deputy Clerk: amt/PROMO) This order AMENDS the 1/5/07 order. Aplt's unopposed mtn to file vol III of the excs under seal is GRANTED. The opn br & exc shall be filed & maintained under seal. The parties' jt mtn for an ext of tm to file the ans br & rpy br is GRANTED. The ans brs are due 2/2/07. The opt rpy br is due 3/2/07 in 06-55996, 06-56165 [06-55996, 06-56165] (MF) [Entered: 01/11/2007 08:39 AM] |
| Filing 25 Filed order PROMO: (Deputy Clerk: amt) Aplt's unopposed mtn to file Volume III of the excs under seal is granted. The opening br and excs shall be filed and maintained under seal. The parties' joint mtn for an ex.tm.f the ans brs and rpy br is granted. The ans brs are due 1/16/07. The optional rpy br is due 3/2/07. [06-55996, 06-56165] (GV) [Entered: 01/05/2007 12:44 PM] |
| Filing 23 Filed Appellant Fisher Tool Co. & Appellee Gillet Outillage's jt mtn for an ext of tm to file until 2/2/07 to file the an brs & until 3/2/07 to file the rpy br [06-55996, 06-56165] served on 12/14/06 [PROMO] (MF) [Entered: 12/18/2006 05:00 PM] |
| Filing 22 Filed Aplts' in 06-55996 additional citations, served on 11/10/06 (RECORDS) [06-55996, 06-56165] (MF) [Entered: 12/06/2006 04:10 PM] |
| Filing 21 Received Appellant in 06-55996 excerpts of record (VOl III); served on 11/13/06 (Recd with mtn to file under seal) (1 copy of exc with mtn to PROMO) [06-55996, 06-56165] (MF) [Entered: 12/06/2006 03:53 PM] |
| Filing 20 Filed original and 15 copies Appellants Fisher Tool Co., Inc , Appellant Yu Feng Industrial in 06-55996 opening brief ( Informal: NO) 62 pages (14,463 words); and five excerpts of record in 2 volumes; served on 11/3/06 [06-55996, 06-56165] (MF) [Entered: 12/06/2006 03:48 PM] |
| Filing 16 Filed Appellantis Fisher Tool Co., Inc & Yu Feng Industrial in 06-55996's motion to to file Vol III of Excs of Rec UNDER SEAL.; served on 11/13/06 [PROMO w/copy of VOL III) [06-55996, 06-56165] (MF) [Entered: 12/06/2006 03:13 PM] |
| Filing 18 Received Appellants in 06-56165 excerpts of record Vol III ; served on 12/1/06 (recd with mtn to file under seal) (PROMO) w/mtn) [06-55996, 06-56165] (MF) [Entered: 12/06/2006 03:30 PM] |
| Filing 17 Filed original and 15 copies Appellants Fisher Tool Co., Inc and Appellant Yu Feng Industrial opening brief (Informal: NO) 54 pages and five excerpts record in 3 volumes (vol. III UNDER SEAL); pursuant to court order filed 1/5/07, amended 1/11/07; served on 12/1/06 [06-55996, 06-56165] (MF) [Entered: 12/06/2006 03:28 PM] |
| Filing 12 Filed Appellants' mtn in 06-56165 to file Vol III Excs of Rec under seal; served on 12/1/06 (PROMO) [06-55996, 06-56165] (MF) [Entered: 12/04/2006 04:17 PM] |
| Filing 10 Filed aples' Mayhew Steel Product's mtn for an ext of tm until 1/15/07 to file the ans br; served on 11/27/06 (PROMO) (MF) [Entered: 11/30/2006 01:28 PM] |
| Filing 8 Filed PROMO order (Deputy Clerk: amt) granting appellant's motion to file oversized brief of 14,463 words. Within 14 days after the date of this order, aplts shall sibmit the excs & an orig & 15 copies of the br. The crt sua sponte consolidates appeals 06-55996 & 06-56165. The brfg schedule in 06-56165 shall govern as to the opn br for 06-56165 & as to the remaining brs in the consolidated appeals. [06-55996, 06-56165] (MF) [Entered: 11/27/2006 08:30 AM] |
| Filing 9 Filed Matthews Collins motion to extend time to file appellee's brief until 1/15/07 [06-55996] served on 11/17/06 [PROMO] (MF) [Entered: 11/27/2006 11:46 AM] |
| Filing 7 Filed Appellant Fisher Tool Co., Inc in 06-55996, Appellant Yu Feng Industrial in 06-55996's motion to file oversized opn brief [06-55996] served on 11/3/06 [PRO MO] [06-55996] (MF) [Entered: 11/07/2006 01:16 PM] |
| Filing 6 Received Appellants Fisher Tool Co., Inc & Yu Feng Industrial's brief in 15 copies 14,463 words pages ( Informal: NO) deficient (Ovsz & missing excs): Served on 11/3/06 [06-55996] (MF) [Entered: 11/07/2006 11:56 AM] |
| Filing 5 Filed order CONFATT ( CLR) Case not selected for program. Counsel interested in obtaining settlement assistance or program information should contact mediation office in .Counsel are requested to serve copies of this order on their clients. The brfg schedule previously set remains in effect [06-55996, 06-56165] (MF) [Entered: 09/28/2006 07:40 AM] |
| Filing 4 Filed notice dated 9/15/06 of appearance of Michael J. Coyne & Benjamin M. Coyle for aple Mayhew Steel Products [06-55996] (MF) [Entered: 09/20/2006 04:10 PM] |
| Filing 3 Filed order CONFATT (VLS) This case is under consideration for inclusion in the Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. A settlement assessment conference will be held by telephone on September 26, 2006, at 11:00 a.m. PACIFIC (SF) Time. A Circuit Mediator will initiate the telephone call...(See order for full text) THE BRIEFING SCHEDULE PREVIOUSLY SET BY THE COURT REMAINS IN EFFECT. [06-55996] (HC) [Entered: 09/05/2006 10:39 AM] |
| Filing 2 Filed attorney for Appellant Civil Appeals Docketing Statement served on 7/19/06 (to CONFATT) [06-55996] [06-55996] [Entered: 07/26/2006 10:16 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS SENT (Y/N): n. Setting schedule as follows: appellant's designation of RT is due 7/31/06, ; appellee's designation of RT is due 8/9/06,, ; appellant shall order transcript by 8/21/06, ; court reporter shall file transcript in DC by 9/19/06, ; certificate of record shall be filed by 9/26/06 ; appellant's opening brief is due 11/6/06, ; appellees' brief is due 12/5/06,, ; appellants' reply brief is due 12/19/06, ; [06-55996] [Entered: 07/26/2006 10:14 AM] |
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