Margie Daniel, et al v. Ford Motor Company
| MARGIE DANIEL, MARY HAUSER, DONNA GLASS and ANDREA DUARTE, individually and on behalf of a class of similarly situated individuals |
| FORD MOTOR COMPANY, a Delaware corporation |
| THE PRODUCT LIABILITY ADVISORY COUNCIL, INC. and CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA |
| 13-16476 |
| July 22, 2013 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
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| Filing 49 MANDATE ISSUED.(SR, MDH and DWM) Costs taxed against Appellee in the amount of $291.00. [9832822] (RL) [Entered: 01/20/2016 10:06 AM] |
| Filing 48 Filed order (STEPHEN REINHARDT, MICHAEL DALY HAWKINS and DONALD W. MOLLOY): The panel has voted to deny Appellees petition for panel rehearing. Judge Reinhardt has voted to deny the petition for rehearing en banc, and Judges Hawkins and Molloy so recommend. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on the petition. See Fed. R. App. P. 35. Appellees petition for rehearing and rehearing en banc, filed December 16, 2015, is DENIED. [9820423] (AF) [Entered: 01/08/2016 10:27 AM] |
| Filing 47 Received 20 paper copies of Amicus brief [ # 41 ] filed by Chamber of Commerce of the United States of America. [9806753] (TLH) [Entered: 12/28/2015 01:17 PM] |
| Filing 46 Received 20 paper copies of Amicus brief [ # 38 ] filed by The Product Liability Advisory Council, Inc. [9806219] (LA) [Entered: 12/28/2015 10:43 AM] |
| Filing 45 Filed (ECF) Amicus Curiae Chamber of Commerce of the United States of America Motion to take judicial notice. Date of service: 12/23/2015. [9804999]--[COURT ENTERED FILING to correct entry [43].] (RY) [Entered: 12/24/2015 10:05 AM] |
| Filing 44 Filed clerk order: The amicus brief [ # 41 ] submitted by Chamber of Commerce of the United States of America is filed. Within 7 days of the filing of this order, filer is ordered to file 20 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9804745] (GV) [Entered: 12/23/2015 05:52 PM] |
| Filing 43 COURT DELETED INCORRECT ENTRY. Motion refiled, see entry [ # 45 ]. Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed (ECF) Amicus Curiae Chamber of Commerce of the United States of America citation of supplemental authorities. Date of service: 12/23/2015. [COURT-ENTERED FILING extracted from [ # 41 ].][9804738] (ASW) [Entered: 12/23/2015 05:41 PM] |
| Filing 42 Entered appearance of Amicus Curiae Chamber of Commerce of the United States of America. [9804737] (GV) [Entered: 12/23/2015 05:36 PM] |
| Filing 41 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Chamber of Commerce of the United States of America. Date of service: 12/23/2015. [9804395] [13-16476]--[COURT UPDATE: Moved addl citations to separate entry at [43].12/23/2015 by ASW] (Taylor, John) [Entered: 12/23/2015 03:25 PM] |
| Filing 40 Filed clerk order: The amicus brief [ # 38 ] submitted by The Product Liability Advisory Council, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 20 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9804306] (GV) [Entered: 12/23/2015 02:58 PM] |
| Filing 39 Entered appearance of Amicus Curiae The Product Liability Advisory Council, Inc.. [9804279] (GV) [Entered: 12/23/2015 02:50 PM] |
| Filing 38 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Product Liability Advisory Council, Inc.. Date of service: 12/23/2015. [9804158] [13-16476] (Vogel, Miriam) [Entered: 12/23/2015 02:20 PM] |
| Filing 37 Filed (ECF) Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser bill of costs (Form 10) in the amount of 291.00 USD. Date of service: 12/16/2015 [9795582] [13-16476] (Grant, Eric) [Entered: 12/16/2015 03:30 PM] |
| Filing 36 Filed (ECF) Appellee Ford Motor Company petition for panel rehearing and petition for rehearing en banc (from 12/02/2015 opinion). Date of service: 12/16/2015. [9795387] [13-16476] (Thomas, John) [Entered: 12/16/2015 02:44 PM] |
| Filing 35 FILED OPINION (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and DONALD W. MOLLOY) REVERSED AND REMANDED. Judge: DWM Authoring. FILED AND ENTERED JUDGMENT. [9776105] (RMM) [Entered: 12/02/2015 07:16 AM] |
| Filing 34 ARGUED AND SUBMITTED TO STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and DONALD W. MOLLOY. [9728384] (DB) [Entered: 10/22/2015 11:04 AM] |
| Filing 33 Filed (ECF) Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser citation of supplemental authorities. Date of service: 10/15/2015. [9720454] [13-16476] (Grant, Eric) [Entered: 10/15/2015 11:51 PM] |
| Filing 32 Filed (ECF) Appellee Ford Motor Company citation of supplemental authorities. Date of service: 10/15/2015. [9719635] [13-16476] (Thomas, John) [Entered: 10/15/2015 01:23 PM] |
| Filing 31 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Eric Grant for Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser. [9646964] [13-16476] (Grant, Eric) [Entered: 08/13/2015 06:28 PM] |
| Filing 30 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. John Mark Thomas for Appellee Ford Motor Company. [9645338] [13-16476] (Thomas, John) [Entered: 08/13/2015 06:54 AM] |
| Filing 29 Notice of Oral Argument on Thursday, October 22, 2015 - 09:00 A.M. - Courtroom 1 - James R Browning US Cthse, 95 7th St, San Francisco, CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [9643646] (GEV) [Entered: 08/11/2015 05:46 PM] |
| Filing 28 Filed (ECF) Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser Correspondence: Letter informing Court, pursuant to Paragraph (3) of Circuit Advisory Committee Note to Rule 25-2, that the parties have not received notice of oral argument or submission on the briefs within 15 months after the completion of briefing. Date of service: 06/01/2015 [9557400] [13-16476] (Grant, Eric) [Entered: 06/01/2015 04:02 PM] |
| Filing 27 Received 7 paper copies of Reply brief [ # 24 ] filed by Margie Daniel, et al. [9061931] (SD) [Entered: 04/17/2014 11:07 AM] |
| Filing 26 Filed clerk order: The reply brief [ # 24 ] submitted by Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9056741] (GV) [Entered: 04/14/2014 12:47 PM] |
| Filing 25 Filed order (Appellate Commissioner): Appellants motion for leave to file an overlength brief is granted. The Clerk shall file the previously submitted reply brief. (Pro Mo) [9056145] (MS) [Entered: 04/14/2014 09:25 AM] |
| Filing 24 Submitted (ECF) Reply brief for review and filed Motion to file oversized brief. Submitted by Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser. Date of service: 03/21/2014. [9026774] (Grant, Eric) [Entered: 03/21/2014 04:05 PM] |
| Filing 23 Filed (ECF) Errata to Answering brief ([ # 15 ] Brief Submitted for Review (ECF Filing) ). Filed by Appellee Ford Motor Company. Date of service: 03/11/2014. [9010686] (Thomas, John) [Entered: 03/11/2014 11:26 AM] |
| Filing 20 Streamlined request [19] by Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 03/21/2014. [8984277] (GS) [Entered: 02/19/2014 04:45 PM] |
| Filing 19 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser. New requested due date is 03/21/2014 at 11:59 pm. [8982615] (Grant, Eric) [Entered: 02/19/2014 12:05 AM] |
| Filing 22 Filed Appellee Ford Motor Company paper copies of supplemental excerpts of record [ # 15 ] in 3 volumes. [8989788] (CT) [Entered: 02/24/2014 01:23 PM] |
| Filing 21 Received corrected deficiency of 2 additional copies of excerpts of record from Appellee Ford Motor Company. [8989784] (CT) [Entered: 02/24/2014 01:22 PM] |
| Filing 18 Received Appellee Ford Motor Company supplemental 2 copies of excerpt of record [ # 15 ] in 3 volumes. Deficiencies: Insufficient copies. Notified counsel (see attached notice). [8980164] (GV) [Entered: 02/14/2014 05:33 PM] |
| Filing 17 Received 7 paper copies of Answering brief [ # 15 ] filed by Ford Motor Company. [8979782] (SD) [Entered: 02/14/2014 03:06 PM] |
| Filing 16 Filed clerk order: The answering brief [ # 15 ] submitted by Ford Motor Company is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 15 ] submitted by Ford Motor Company. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8973158] (GV) [Entered: 02/10/2014 03:25 PM] |
| Filing 15 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee Ford Motor Company. Date of service: 02/07/2014. [8970808] (Thomas, John) [Entered: 02/07/2014 01:58 PM] |
| Filing 13 Streamlined request [11] by Appellee Ford Motor Company to extend time to file the brief is approved. Amended briefing schedule: Appellee Ford Motor Company answering brief due 02/07/2014. The optional reply brief is due 14 days from the date of service of the answering brief. [8907766] (GS) [Entered: 12/18/2013 04:55 PM] |
| Filing 12 Received 7 paper copies of Opening brief [ # 9 ] filed by Margie Daniel, et al. [8905151] (SD) [Entered: 12/17/2013 02:26 PM] |
| Filing 14 Filed Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser paper copies of excerpts of record [ # 9 ] in 3 volume(s). [8909908] (GV) [Entered: 12/19/2013 04:37 PM] |
| Filing 11 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellee Ford Motor Company. New requested due date is 02/07/2014 at 11:59 pm. [8902630] (Lenart, Krista) [Entered: 12/16/2013 11:45 AM] |
| Filing 10 Filed clerk order: The opening brief [ # 9 ] submitted by Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 9 ] submitted by Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8896679] (GV) [Entered: 12/10/2013 05:41 PM] |
| Filing 9 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser. Date of service: 12/09/2013. [8893988] (Grant, Eric) [Entered: 12/09/2013 12:23 PM] |
| Filing 8 Filed order MEDIATION (CLR): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. [8835472] (SAM) [Entered: 10/24/2013 01:59 PM] |
| Filing 7 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on October 24, 2013, at 11:00 a.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. The Circuit Mediator will initiate the conference call by contacting each person on the attached list of participants at the telephone number listed. Please be available for the call at least five minutes before the scheduled time........The briefing schedule previously set by the court is reset as follows: appellants shall file an opening brief on or before December 9, 2013; appellee shall file an answering brief on or before January 9, 2014; appellants may file an optional reply brief within fourteen (14) days from the service date of the answering brief. (PLS SEE ORDER FOR FULL TEXT) [8824844] (AF) [Entered: 10/17/2013 10:47 AM] |
| Filing 6 Added attorney Kelsey Atwell McDowell for Andrea Duarte Margie Daniel Donna Glass Mary Hauser. [8752924] (RL) [Entered: 08/22/2013 01:37 PM] |
| Filing 5 Filed (ECF) notice of appearance of Kelsey McDowell for Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser. Date of service: 08/22/2013. [8752786] (McDowell, Kelsey) [Entered: 08/22/2013 12:31 PM] |
| Filing 4 Added attorney Fred J. Fresard for Ford Motor Company. [8726327] (RL) [Entered: 08/01/2013 10:15 AM] |
| Filing 3 Filed (ECF) notice of appearance of Fred Joseph Fresard for Appellee Ford Motor Company. Date of service: 08/01/2013. [8725993] (Fresard, Fred) [Entered: 08/01/2013 08:24 AM] |
| Filing 2 Filed (ECF) Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser Mediation Questionnaire. Date of service: 07/29/2013. [8722254] (Grant, Eric) [Entered: 07/29/2013 04:58 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 07/29/2013. Transcript ordered by 08/19/2013. Transcript due 09/16/2013. Appellants Margie Daniel, Andrea Duarte, Donna Glass and Mary Hauser opening brief due 10/28/2013. Appellee Ford Motor Company answering brief due 11/29/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8712936] (RT) [Entered: 07/22/2013 01:42 PM] |
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