Encompass Teleservices, Inc. v. William Holmes, et al
| ENCOMPASS TELESERVICES, INC., an Oregon corporation |
| SAVANT C.C.A., INC., an Arizona corporation, AKA Savant Call Center Associates, Inc., JOHN A. CARGAL, PATRICK BOYLE and MICHAEL ALEXANDER BOYLE, pro se |
| RANDALL LEE SCHEETS, AKA Randy Scheets |
| W. HOLMES & CO., LLP and WILLIAM N. HOLMES |
| 09-35718 |
| August 4, 2009 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 45
Order filed (HARRY PREGERSON, KIM MCLANE WARDLAW and JOHNNIE B. RAWLINSON) Pursuant to the stipulation of the parties, these appeals are voluntarily dismissed as to Intervenors-Appellants William N. Holmes and W. Holmes & Co., LLP and Defendant-counsel-claimant-Appellee Randall Lee Scheets (collectively, the Parties) only. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. This order served on the district court shall act as and for the mandate of this court. [7600368] [09-35572, 09-35718] (WL) [Entered: 01/05/2011 09:39 AM]
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| Filing 44 Filed (ECF) Appellants William N. Holmes and W. Holmes & Co., LLP in 09-35572, 09-35718 response to Court order dated 12/08/2010. Date of service: 12/10/2010. [7576080] [09-35572, 09-35718] (Heath, Steven) [Entered: 12/10/2010 11:18 AM] |
| Filing 43 Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and JOHNNIE B. RAWLINSON) The parties joint motion to seal portions of the record on appeal is granted. The Clerk is directed to file under seal docket entries 21, 23 (Volume 1 only), 29, 30 (Volume 1 only) and 34. These documents are described in further detail in Exhibit A to the parties motion. Within three days of the filing of this order, the parties shall file a motion or stipulation to dismiss these appeals voluntarily pursuant to Federal Rule of Appellate Procedure 42(b). If no such motion or stipulation is filed, these appeals will be deemed dismissed voluntarily. [7572672] [09-35572, 09-35718] (WL) [Entered: 12/08/2010 02:59 PM] |
| Filing 42 Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and JOHNNIE B. RAWLINSON) The parties joint motion to seal portions of the District Court record is granted. In the matter of Encompass Teleservices, Inc. v. Randall Lee Scheets, No. CV-00821, the Clerk of the United States District Court for the District of Oregon is ordered to file under seal docket entries 370, 373, 374, 375, 383, 386, 388, 401, 407 and 421. These documents are described in further detail in Exhibit A to the parties motion. A copy of this order shall be served on the Clerk of the United States District Court for the District of Oregon. [7572660] [09-35572, 09-35718] (WL) [Entered: 12/08/2010 02:57 PM] |
| Filing 41 Deleted Incorrect Docket Entry (WL) [Entered: 12/08/2010 01:53 PM] |
| Filing 40 Deleted Incorrect Docket Entry (WL) [Entered: 12/08/2010 01:51 PM] |
| Filing 39 Filed (ECF) Appellants William N. Holmes, W. Holmes & Co., LLP and Appellee Randall Lee Scheets in 09-35572, 09-35718 Joint Motion for miscellaneous relief [Joint Motion to Seal Portions of District Court Record and Record on Appeal ]. Date of service: 12/06/2010. [7568999] [09-35572, 09-35718] (Heath, Steven) [Entered: 12/06/2010 04:14 PM] |
| Filing 38 Filed order MEDIATION (AJ): The further status conference originally scheduled for November 1, 2010, is rescheduled to November 12, 2010, at 1:00 p.m. PACIFIC (San Francisco) Time. [7526857] [09-35572, 09-35718] (WL) [Entered: 10/28/2010 03:21 PM] |
| Filing 37 Filed order MEDIATION (AJ): The court will initiate a further status conference by telephone on November 1, 2010, at 11:00 a.m. PACIFIC (San Francisco) Time. [7524635] [09-35572, 09-35718] (WL) [Entered: 10/27/2010 11:33 AM] |
| Filing 36 Filed order MEDIATION (AJ): The court will initiate a further status conference by telephone on October 14, 2010, at 10:30 a.m. PACIFIC (San Francisco) Time. [7482277] [09-35572, 09-35718] (WL) [Entered: 09/21/2010 03:52 PM] |
| Filing 35 Filed order MEDIATION (AJ): The court will initiate a further status conference by telephone on September 20, 2010, at 11:00 a.m. PACIFIC (San Francisco) Time. [7466159] [09-35718, 09-35572] (WL) [Entered: 09/08/2010 10:04 AM] |
| Filing 34 Filed order MEDIATION (AJ): The court will initiate a status conference by telephone on September 7, 2010, at 2:00 p.m. PACIFIC (San Francisco) Time. [7458382] [09-35718, 09-35572] (WL) [Entered: 08/31/2010 01:16 PM] |
| Filing 33 Filed order MEDIATION (VLS): Pursuant to this courts order of July 14, 2010, a telephonic settlement conference will be held on August 9, 2010, at 2:00 p.m. PACIFIC (San Francisco) Time. In order to participate, the participants shall call (866) 207- 0257, and give authorization code 92271934 to the attendant. On or before August 6, 2010, counsel for the parties shall notify the Circuit Mediation office in writing [fax (415)355-8566] and provide the name and telephone number of the attorney who intends to participate in the telephone conference. If any party does not intend to participate, that party shall so advise the Circuit Mediation office. [7425856] [09-35572, 09-35718] (WL) [Entered: 08/02/2010 03:36 PM] |
| Filing 32 COURT DELETED ENTRY: Reattached correct documents to [ # 31 ]. Original text: Filed (ECF) Appellants William N. Holmes and W. Holmes & Co., LLP in 09-35572 Correspondence: Further Response and Corrections of Appellants to Appellee Scheets' Motion for Clarification. Date of service: 07/27/2010 [7420010] [09-35572, 09-35718] (Heath, Steven) [Entered: 07/27/2010 04:52 PM] |
| Filing 31 Filed (ECF) Appellants William N. Holmes and W. Holmes & Co., LLP in 09-35572 Correspondence: Further Response and Corrections of Appellants to Appellee Scheets' Motion for Clarification. Date of service: 07/27/2010. [7419924] [09-35572, 09-35718]--[COURT UPDATE: Corrected docket text and event to reflect content of filing. Attached correct document. Resent notice. 07/27/2010 by RY] (Heath, Steven) [Entered: 07/27/2010 04:17 PM] |
| Filing 30 Filed (ECF) Appellee Randall Lee Scheets in 09-35572 reply to response (, ,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 07/20/2010. [7411166] [09-35572, 09-35718] (Watkins, Joel) [Entered: 07/20/2010 10:39 AM] |
| Filing 29 Filed (ECF) Appellant William N. Holmes in 09-35572 response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 07/16/2010. [7409070] [09-35572, 09-35718] (Heath, Steven) [Entered: 07/16/2010 05:00 PM] |
| Filing 28 Filed (ECF) Appellee Randall Lee Scheets in 09-35572 Motion for miscellaneous relief [Motion for Clarification or Correction of Decision]. Date of service: 07/15/2010. [7406610] [09-35572, 09-35718] (Watkins, Joel) [Entered: 07/15/2010 01:34 PM] |
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Filing 27
Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and JOHNNIE B. RAWLINSON) Submission of this case is deferred. During oral argument the parties agreed to stipulate to revising the Findings of Fact and Conclusions of Law made by Magistrate Judge Hubel to eliminate any reference to wrongdoing by William Holmes, who was not a party to the action. Accordingly, this case is referred to the Circuit Mediation Unit to finalize the parties stipulation. The mediator shall inform the panel on the status of the mediation within 30 days. In the event that mediation fails, this panel retains jurisdiction over the appeal. [7403978] [09-35572, 09-35718] (SC) [Entered: 07/14/2010 09:43 AM]
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| Filing 26 ARGUED AND SUBMISSION DEFERRED TO HARRY PREGERSON, KIM MCLANE WARDLAW and JOHNNIE B. RAWLINSON. [7401933] [09-35572, 09-35718] (ME) [Entered: 07/12/2010 04:55 PM] |
| Filing 25 Added attorney Joel Watkins Jr. for Randall Lee Scheets, in case 09-35718 Joel Watkins Jr. for Randall Lee Scheets, in case 09-35719. [7380124] [09-35718, 09-35719] (ME) [Entered: 06/22/2010 09:12 AM] |
| Filing 24 Notice of Oral Argument on JULY 12, 2010, Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PORTLAND Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7353583] [09-35572, 09-35718, 09-35612, 09-35719] (ME) [Entered: 05/28/2010 11:12 AM] |
| Filing 23 Received 7 paper copies of Reply brief [ # 21 ] filed by William N. Holmes and W. Holmes & Co., LLP.[7288699] [09-35572, 09-35718] (SD) [Entered: 04/02/2010 03:20 PM] |
| Filing 22 Filed clerk order: The reply brief [ # 21 ] submitted by William N. Holmes is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7283662] [09-35572, 09-35718] (WWP) [Entered: 03/30/2010 02:13 PM] |
| Filing 21 (FILED UNDER SEAL Per 12/8/10 Order) Submitted (ECF) Reply brief for review. Submitted by Appellants William N. Holmes and W. Holmes & Co., LLP in 09-35572, 09-35718. Date of service: 03/25/2010. [7279191] [09-35572, 09-35718]--[COURT UPDATE: Replaced document with corrected version (footnotes). 03/26/2010 by MA]--[Edited 03/28/2011 by BY] (Heath, Steven) [Entered: 03/25/2010 05:08 PM] |
| Filing 20 Oral extension by phone of time to file reply brief due 03/25/2010. Optional reply brief is due 28 days after service of the answering brief. [7254224] [09-35572, 09-35718] (KM) [Entered: 03/05/2010 10:40 AM] |
| Filing 19 Received 7 paper copies of Answering brief [16] filed by Randall Lee Scheets. [7250928] [09-35572, 09-35718] (SD) [Entered: 03/03/2010 10:44 AM] |
| Filing 18 Filed clerk order: The answering brief [16] submitted by Randall Lee Scheets is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7248075] [09-35572, 09-35718] (LA) [Entered: 03/01/2010 01:14 PM] |
| Filing 17 Filed Appellee Randall Lee Scheets supplemental excerpts of record on appeal in 3 volumes (Volume 1 is Filed Under Seal per 12/8/10 Order), [7246584] [09-35572, 09-35718]--[Edited 03/28/2011 by BY] (LA) [Entered: 02/26/2010 02:50 PM] |
| Filing 16 (FILED UNDER SEAL PER 12/8/10 Order) Submitted (ECF) Answering brief for review. Submitted by Appellee Randall Lee Scheets in 09-35572. Date of service: 02/25/2010. [7245118] [09-35572, 09-35718]--[COURT UPDATE: Replaced document with corrected version (corrected footnotes). 03/01/2010 by MA]--[Edited 03/28/2011 by BY]--[Edited 03/28/2011 by BY] (Watkins, Joel) [Entered: 02/25/2010 04:31 PM] |
| Filing 15 Filed clerk order (Deputy Clerk:GSS): Appellee Scheets motion for a second extension of time to file the answering brief is granted. The answering brief is now due February 25, 2010. The optional reply brief is due within 14 days after the last latter served answering brief. [7221377] [09-35572, 09-35718] (SC) [Entered: 02/05/2010 10:00 AM] |
| Filing 14 Filed (ECF) Appellee Randall Lee Scheets in 09-35572 Motion to extend time to file Answering brief until 02/25/2010 at 05:00 pm. Date of service: 01/29/2010. [7213754] [09-35572, 09-35718] (Webster, Jess) [Entered: 01/29/2010 03:09 PM] |
| Filing 13 Filed clerk order (Deputy Clerk:GSS): The appellees motion for an extension of time to file the answering brief is granted. The answering brief is now due February 11, 2010. The optional reply brief is due within 14 days after service of the answering brief. [7163465] [09-35572, 09-35718] (SC) [Entered: 12/14/2009 01:45 PM] |
| Filing 12 Filed (ECF) Appellee Randall Lee Scheets in 09-35572 Motion to extend time to file Answering brief until 02/11/2010. Date of service: 12/09/2009. [7157686] [09-35572, 09-35718] (Webster, Jess) [Entered: 12/09/2009 02:41 PM] |
| Filing 11 Received 7 paper copies of Opening brief [8] filed by William N. Holmes and W. Holmes & Co., LLP. [7155526] [09-35572, 09-35718] (SD) [Entered: 12/08/2009 11:59 AM] |
| Filing 10 Filed Appellants William N. Holmes and W. Holmes & Co., LLP's excerpts of record in 2 volumes (Volume 1 is Filed UNDER SEAL Per 12/8/10 Order). Served on 12/02/2009. [7151646] [09-35572, 09-35718]--[Edited 03/28/2011 by BY] (LA) [Entered: 12/04/2009 10:27 AM] |
| Filing 9 Filed clerk order: The opening brief [8] submitted by William N. Holmes and W. Holmes & Co., LLP is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7149401] [09-35572, 09-35718] (LA) [Entered: 12/02/2009 04:23 PM] |
| Filing 8 (FILED UNDER SEAL PER 12/8/10 ORDER) Submitted (ECF) Opening brief for review. Submitted by Appellants William N. Holmes and W. Holmes & Co., LLP in 09-35572, 09-35718. Date of service: 12/02/2009. [7149111] [09-35572, 09-35718]--[Edited 03/28/2011 by BY] (Heath, Steven) [Entered: 12/02/2009 03:00 PM] |
| Filing 7 Filed clerk order (Deputy Clerk:GSS): Granting Motion (ECF Filing) The appellants motion to consolidate Nos. 09-35572 and 09-35718 is granted. The court is in receipt of the appellants motion for an extension of time to file the opening brief in No. 09-35572. However, since these cases are now consolidated by way of this order, the appellants motion for an extension of time to file the opening brief is construed as a motion to amend the briefing schedule, and so construed, is granted. The following briefing schedule shall govern these consolidated cases: the opening brief is due December 2, 2009; the answering briefs are due January 4, 2009; and the optional reply brief is after the last served answering brief. The appellees are reminded of the courts preference for a joint brief. [7117738] [09-35572, 09-35718] (SC) [Entered: 11/03/2009 03:27 PM] |
| Filing 6 Filed (ECF) Appellants William N. Holmes and W. Holmes & Co., LLP Motion to consolidate cases 09-35572 & 09-35718. Date of service: 09/14/2009. [7060900] (Heath, Steven) [Entered: 09/14/2009 03:12 PM] |
| Filing 5 Filed (ECF) transcript designation. Date of service: 08/24/2009. [7038645] (Friel, Mark) [Entered: 08/24/2009 02:21 PM] |
| Filing 4 Filed Appellants William N. Holmes and W. Holmes & Co., LLP Civil Appeals Docketing Statement. Served on 07/29/2009. [7020545] (EL) [Entered: 08/07/2009 03:11 PM] |
| Filing 3 Filed (ECF) Appellants William N. Holmes and W. Holmes & Co., LLP Correspondence: Holmes' Notice of Transcript to be Ordered and Statement of Issues. Date of service: 08/05/2009 [7017126] (Friel, Mark) [Entered: 08/05/2009 02:25 PM] |
| Filing 2 Filed representation notice of Robert Shlacter, Gary Berne, Mark Friel, George Schiavelli, Steven Heath. [7014671] (GR) [Entered: 08/04/2009 09:26 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: Yes. The schedule is set as follows: CADS due by Attorney Mark A. Friel, Attorney due on 07/29/2009. Transcript order for Appellant William N. Holmes and Appellant W. Holmes & Co., LLP due 08/28/2009. Transcript due for Orig Clerk USDC, Portland on 09/28/2009. Certificate of record due 10/05/2009. Appellant William N. Holmes and Appellant W. Holmes & Co., LLP opening brief due 11/13/2009. Appellee Michael Alexander Boyle, pro se, Appellee Patrick Boyle, Appellee John A. Cargal, Appellee Encompass Teleservices, Inc., Appellee Savant C.C.A., Inc. and Appellee Randall Lee Scheets answering brief due 12/14/2009. Appellant's optional reply brief is due 14 days after service of the answering brief. [7014655] (GR) [Entered: 08/04/2009 09:21 AM] |
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