Lakeland Tours, LLC v. Yuval Bauman, et al
| LAKELAND TOURS, LLC, a Delaware Limited Liability Company, DBA WorldStrides |
| YUVAL BAUMAN and APPLE TOURS AND TRAVEL, INC. |
| 14-56748 |
| November 4, 2014 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Docket Report
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| Filing 42 Filed order (Deputy Clerk: MAC) Pursuant to the parties stipulated motion, this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and fees on appeal. A copy of this order shall serve as and for the mandate of this court. [9593526] (WL) [Entered: 06/30/2015 10:45 AM] |
| Filing 41 Filed (ECF) Appellant Lakeland Tours, LLC Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 06/29/2015. [9592113] [14-56748] (Schmalzbach, Brian) [Entered: 06/29/2015 02:18 PM] |
| Filing 40 Filed order MEDIATION (MAC): By June 30, 2015, appellants counsel shall serve a status report on the Circuit Mediator, with a copy served on all counsel unless a motion or stipulation to dismiss has been filed by that date. [9547058] (WL) [Entered: 05/22/2015 08:55 AM] |
| Filing 39 Filed order MEDIATION (MAC):By May 18, 2015, appellant shall file either a motion or stipulation to dismiss this matter pursuant to Fed. R. App. P. 42(b), or serve a status report by email on the Circuit Mediator, with a copy to all counsel. [9526217] (OC) [Entered: 05/05/2015 04:14 PM] |
| Filing 38 Filed order MEDIATION (MAC): By April 30, 2015, appellant shall file either a motion or a stipulation to dismiss this matter pursuant to Fed. R. App. P. 42(b), or serve a status report by email on the Circuit Mediator, with a copy to all counsel. [9497651] (WL) [Entered: 04/16/2015 07:37 AM] |
| Filing 37 Filed order MEDIATION (MAC): By April 15, 2015, appellant shall file either a motion or a stipulation to dismiss this matter pursuant to Fed. R. App. P. 42(b), or serve a status report by email on the Circuit Mediator, with a copy to all counsel. [9471827] (SML) [Entered: 03/25/2015 01:29 PM] |
| Filing 36 Filed Appellant Lakeland Tours, LLC paper copies of excerpts of record [ # 12 ] in 5 volumes (Volumes II-V UNDER SEAL). [9408998] (LA) [Entered: 02/04/2015 01:26 PM] |
| Filing 35 Filed order (Appellate Commissioner): Appellants opposed motion to strike or, alternatively, seal in part appellees opposition to appellants emergency motion under Circuit Rule 27-3(a) (docket entry #10) is granted. See 9th Cir. R. 27-13. The Clerk shall seal appellees opposition to appellants emergency motion (docket entry #7). The court is in receipt of appellants correspondence dated December 1, 2014. This appeal will be accorded priority in calendaring under Ninth Circuit Rule 34-3(5). Appellants motion to file portions of the excerpts of record under seal is granted. The Clerk shall file and maintain under seal excerpts of record Volumes II-V (docket entry #17). See 9th Cir. R. 27-13. Appellants motion to maintain its motion to file portions of excerpts of record under seal (docket entry #16) is granted. The Clerk shall maintain this motion under seal. See id. Appellants motion to strike or, alternatively, seal in part the answering brief is granted. The Clerk shall file and maintain under seal the answering brief. See id. (Pro Mo) [9407202] (WL) [Entered: 02/03/2015 01:24 PM] |
| Filing 34 Filed order MEDIATION (MAC): By March 16, 2015, appellant shall file either a motion or a stipulation to dismiss this matter pursuant to Fed. R. App. P. 42(b), or serve a status report by email on the Circuit Mediator, with a copy to all counsel. The remainder of the briefing schedule is vacated. [9405103] (OC) [Entered: 02/02/2015 01:26 PM] |
| Filing 33 Filed Appellees Apple Tours and Travel, Inc. and Yuval Bauman paper copies of excerpts of record [ # 32 ] in 1 volume(s). [9386021] (KT) [Entered: 01/16/2015 01:55 PM] |
| Filing 32 Submitted (ECF) excerpts of record. Submitted by Appellees Apple Tours and Travel, Inc. and Yuval Bauman. Date of service: 01/16/2015. [9385280] [14-56748] (Dawson, Brian) [Entered: 01/16/2015 09:32 AM] |
| Filing 30 Filed (ECF) Appellant Lakeland Tours, LLC Motion to strike portion of Appellees' Answering Brief. Date of service: 01/15/2015. [9384441] [14-56748] (Schmalzbach, Brian) [Entered: 01/15/2015 02:01 PM] |
| Filing 31 Received Appellees Apple Tours and Travel, Inc. and Yuval Bauman excerpts of record in 1 volume. Deficiencies: excerpts not submitted via ECF. Notified counsel (See attached notice). [9384587] (KT) [Entered: 01/15/2015 02:37 PM] |
| Filing 29 ENTRY UPDATED. Received UNDER SEAL 7 paper copies of Answering brief [27] filed by Apple Tours and Travel, Inc. and Yuval Bauman. [9380042] --[Edited to seal per order [ # 35 ] 02/03/2015 by LA] (SD) [Entered: 01/13/2015 11:04 AM] |
| Filing 28 ENTRY UPDATED. Filed clerk order: The answering brief [27] submitted by Apple Tours and Travel, Inc. and Yuval Bauman is filed UNDER SEAL. 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. [9375151] --[Edited to seal brief in dkt text per order [ # 35 ] 02/03/2015 by LA] (KT) [Entered: 01/08/2015 11:24 AM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellees Apple Tours and Travel, Inc. and Yuval Bauman. Date of service: 01/07/2015. [9375138] --[COURT ENTERED FILING to correct entry [25] .]--[Edited: Sealed per order [ # 35 ]. 02/03/2015 by RY] (TYL) [Entered: 01/08/2015 11:20 AM] |
| Filing 26 Filed order MEDIATION (MAC): Pursuant to the parties oral stipulation, the optional reply brief is due February 3, 2015. [9374045] (SML) [Entered: 01/07/2015 01:54 PM] |
| Filing 25 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [27]. Original Text: Filed (ECF) Appellees Apple Tours and Travel, Inc. and Yuval Bauman answer to 1292b petition. Date of service: 01/07/2015. [9374021] [14-56748] (Dawson, Brian) [Entered: 01/07/2015 01:45 PM] |
| Filing 24 Filed clerk order (Deputy Clerk: cag): Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellees Yuval Bauman and Apple Tours and Travel, Inc. Appellees Apple Tours and Travel, Inc. and Yuval Bauman answering brief due 01/07/2015. The optional reply brief is due 14 days after service of the answering brief. [9372362] (CG) [Entered: 01/06/2015 01:55 PM] |
| Filing 22 Filed order MEDIATION (MAC): By January 30, 2015, appellants counsel shall serve a status report by email on the Circuit Mediator, with a copy to all counsel. [9361679] (OC) [Entered: 12/24/2014 11:47 AM] |
| Filing 21 Filed (ECF) Appellees Apple Tours and Travel, Inc. and Yuval Bauman Unopposed Motion to extend time to file Answering brief until 12/07/2015. Date of service: 12/19/2014. [9356445] [14-56748] (Dawson, Brian) [Entered: 12/19/2014 01:13 PM] |
| Filing 20 Filed (ECF) Appellant Lakeland Tours, LLC reply to response (). Date of service: 12/05/2014. [9338943] [14-56748] (Schmalzbach, Brian) [Entered: 12/05/2014 01:30 PM] |
| Filing 19 Received Appellant Lakeland Tours, LLC excerpts of record [ # 12 ] Volume 1. Deficiencies: motion to seal Volumes II-V pending. [9336286] (LA) [Entered: 12/03/2014 05:37 PM] |
| Filing 18 Received 7 paper copies of Opening brief [ # 12 ] filed by Lakeland Tours, LLC. [9335885] (SD) [Entered: 12/03/2014 02:58 PM] |
| Filing 17 Received UNDER SEAL Appellant Lakeland Tours, LLC excerpts of record Volumes II-V. Served on 12/01/2014. Deficiencies: motion to seal pending. [9334382] (LA) [Entered: 12/02/2014 03:58 PM] |
| Filing 16 Filed UNDER SEAL Appellant Lakeland Tours, LLC motion to file Volumes II-V of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 12/01/2014. [9334360] (LA) [Entered: 12/02/2014 03:53 PM] |
| Filing 15 Filed clerk order: The opening brief [ # 12 ] submitted by Lakeland Tours, LLC 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 [ # 12 ] submitted by Lakeland Tours, LLC. 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. [9332738] (LA) [Entered: 12/02/2014 09:22 AM] |
| Filing 14 Filed (ECF) Appellees Apple Tours and Travel, Inc. and Yuval Bauman response opposing motion (motion to strike portion or whole of document). Date of service: 12/01/2014. [9332261] [14-56748] (Dawson, Brian) [Entered: 12/01/2014 04:21 PM] |
| Filing 13 Filed (ECF) Appellant Lakeland Tours, LLC Motion for miscellaneous relief [Request for oral argument priority under Ninth Cir. R. 34-3]. Date of service: 12/01/2014. [9331792] [14-56748] (Schmalzbach, Brian) [Entered: 12/01/2014 02:51 PM] |
| Filing 12 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Lakeland Tours, LLC. Date of service: 12/01/2014. [9331762] [14-56748] (Schmalzbach, Brian) [Entered: 12/01/2014 02:46 PM] |
| Filing 11 MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 12/05/2014, 1:30 p.m. PACIFIC Time. The Circuit Mediator will initiate the conference call by contacting each person on the attached list. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediation Assistant by email at least 72 hours in advance of the scheduled call of any corrections to the list.... [9330608] (BLS) [Entered: 12/01/2014 10:28 AM] |
| Filing 10 Filed (ECF) Appellant Lakeland Tours, LLC Motion to strike portion of Appellees' Opposition to Appellant's Emergency Motion Under Circuit Rule 27-3(a) for Injunction Pending Appeal. Date of service: 11/21/2014. [9321919] [14-56748] (Schmalzbach, Brian) [Entered: 11/21/2014 10:35 AM] |
| Filing 9 Filed order (WILLIAM C. CANBY and JOHN B. OWENS) This is a preliminary injunction appeal. Appellants motion for injunctive relief pending appeal is denied. The briefing schedule established previously remains in effect. [9320028] (OC) [Entered: 11/20/2014 09:54 AM] |
| Filing 8 Filed (ECF) Appellant Lakeland Tours, LLC reply to response (). Date of service: 11/19/2014. [9319742] [14-56748] (Schmalzbach, Brian) [Entered: 11/19/2014 06:21 PM] |
| Filing 7 Filed (ECF) Appellees Apple Tours and Travel, Inc. and Yuval Bauman response opposing motion (motion for injunction pending appeal). Date of service: 11/18/2014. [9316872] [14-56748]--[Edited: Sealed per order [ # 35 ]. 02/03/2015 by RY] (Dawson, Brian) [Entered: 11/18/2014 10:25 AM] |
| Filing 6 Filed (ECF) Appellant Lakeland Tours, LLC EMERGENCY Motion for injunction pending appeal. Date of service: 11/14/2014. [9313469] [14-56748] (Schmalzbach, Brian) [Entered: 11/14/2014 12:43 PM] |
| Filing 5 Filed (ECF) Appellant Lakeland Tours, LLC Mediation Questionnaire. Date of service: 11/12/2014. [9310848] [14-56748] (Schmalzbach, Brian) [Entered: 11/12/2014 05:40 PM] |
| Filing 4 Added attorney Brian David Schmalzbach for Lakeland Tours, LLC, in case 14-56748. [9310336] (RR) [Entered: 11/12/2014 03:10 PM] |
| Filing 3 Filed (ECF) notice of appearance of Brian David Schmalzbach for Appellant Lakeland Tours, LLC. Date of service: 11/12/2014. [9309623] [14-56748] (Schmalzbach, Brian) [Entered: 11/12/2014 12:08 PM] |
| Filing 2 Filed clerk order: (SL) The appeal filed November 3, 2014 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire remains due November 12, 2014. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than December 1, 2014; the answering brief is due December 29, 2014, or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). The parties are reminded to submit electronically formatted excerpts of record along with their briefs and paper copies of the excerpts of record. See http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000639. Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [9308192] (DEV) [Entered: 11/10/2014 04:43 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. All filings to MOATT. Mediation Questionnaire due on 11/12/2014. [9300701] (RT) [Entered: 11/04/2014 10:23 AM] |
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