Danielle Estrada, et al v. Kaiser Foundation Hospitals, et al
| MARCINELLA CALL, SHIRLEY NELSON, STEVEN SPERLING, DANIELLE ESTRADA, ARMANDO SANCHEZ and ROBERT HERNANDEZ |
| SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER FOUNDATION HEALTH PLAN INC., THE PERMANENTE MEDICAL GROUP, INC. and KAISER FOUNDATION HOSPITALS |
| 15-15133 |
| January 26, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Labor/Management Relations Act |
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| Filing 50 MANDATE ISSUED.(MDH, MSB and MHM) Costs taxed against Appellant in the amount of $124.20. [10330761] (Walker, Synitha) [Entered: 02/23/2017 12:02 PM] |
| Filing 49 Filed (ECF) Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group and The Permanente Medical Group, Inc. bill of costs (Form 10) in the amount of $124.20 USD. Date of service: 02/14/2017 [10319496] [15-15133] (Holyoke, Erin) [Entered: 02/14/2017 03:02 PM] |
| Filing 48 FILED MEMORANDUM DISPOSITION (MICHAEL DALY HAWKINS, MARSHA S. BERZON and MARY H. MURGUIA) AFFIRMED. FILED AND ENTERED JUDGMENT. [10297930] (PH) [Entered: 02/01/2017 09:00 AM] |
| Filing 47 ARGUED AND SUBMITTED TO MICHAEL DALY HAWKINS, MARSHA S. BERZON and MARY H. MURGUIA. [10236797] (BY) [Entered: 12/16/2016 01:49 PM] |
| Filing 46 Received 7 paper copies of Letter Brief [ # 41 ] filed by appellants. (sent to panel) [10226025] (SD) [Entered: 12/08/2016 03:31 PM] |
| Filing 45 Received 7 paper copies of Letter Brief [ # 40 ] filed by appellees. (sent to panel) [10226012] (SD) [Entered: 12/08/2016 03:25 PM] |
| Filing 44 Filed clerk order: The letter brief [ # 40 ] submitted by appellees 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: not applicable. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10222110] (KT) [Entered: 12/06/2016 01:28 PM] |
| Filing 43 Filed clerk order: The letter brief [ # 41 ] submitted by appellants 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: not applicable. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10222101] (KT) [Entered: 12/06/2016 01:26 PM] |
| Filing 42 Filed order (MICHAEL DALY HAWKINS, MARSHA S. BERZON and MARY H. MURGUIA): Appellants motion to file an oversized supplemental brief and Appellees motion to file a substitute or corrected supplemental brief are GRANTED (Docs. [ # 38 ], [ # 39 ]). [10221756] (AF) [Entered: 12/06/2016 10:59 AM] |
| Filing 40 Submitted (ECF) Letter Brief for review. Submitted by Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc. and Southern California Permanente Medical Group. Date of service: 12/02/2016. [10218636] [15-15133] (Holyoke, Erin) [Entered: 12/02/2016 11:50 AM] |
| Filing 39 Filed (ECF) Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group and The Permanente Medical Group, Inc. Motion to file substitute or corrected brief. Date of service: 12/02/2016. [10218628] [15-15133] (Holyoke, Erin) [Entered: 12/02/2016 11:47 AM] |
| Filing 38 Filed (ECF) Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling Motion to file oversized brief. Date of service: 12/02/2016. [10218619] [15-15133]--[COURT UPDATE: Removed brief (filed correctly in entry [ # 41 ]). 12/02/2016 by SLM] (Seavey, Charles) [Entered: 12/02/2016 11:43 AM] |
| Filing 41 Submitted (ECF) Letter Brief for review. Submitted by Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling. Date of service: 12/02/2016. [10218638] [15-15133]--[COURT UPDATE: Attached corrected brief and backdated entry to reflect correct filing date. 12/02/2016 by SLM] (Seavey, Charles) [Entered: 12/02/2016 11:50 AM] |
| Filing 37 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 41 ]. Original Text: Filed (ECF) Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling response to Court order dated 11/22/2016. Date of service: 11/30/2016. [10216534] [15-15133] (Seavey, Charles) [Entered: 11/30/2016 05:47 PM] |
| Filing 36 STRICKEN PER ORDER [ # 42 ]. Submitted (ECF) Letter Brief for review. Submitted by Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc. and Southern California Permanente Medical Group. Date of service: 11/30/2016. [10216461] [15-15133]--[COURT UPDATE: Edited docket text to reflect content of filing. 12/02/2016 by RY] (Holyoke, Erin) [Entered: 11/30/2016 04:58 PM] |
| Filing 35 Filed clerk order (Deputy Clerk: AF): The parties are directed to submit supplemental briefing on the impact of the following two Ninth Circuit cases on the case at bar: Kobold v. Good Samaritan Regional Medical Center, 832 F.3d 1024 (9th Cir. 2016), and Matson v. United Parcel Service, Inc., No. 13-36174, 2016 WL 6543519 (9th Cir. Nov. 4, 2016). These supplemental briefs may be in the form of letters to the clerk of court, shall be no longer than 5 pages, and shall be submitted no later than Wednesday, November 30, 2016. [10206760] (AF) [Entered: 11/22/2016 12:01 PM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Charles K. Seavey for Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling. [10148828] [15-15133] (Seavey, Charles) [Entered: 10/04/2016 08:27 PM] |
| Filing 33 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Erin Jean Holyoke for Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group and The Permanente Medical Group, Inc.. [10147426] [15-15133] (Holyoke, Erin) [Entered: 10/04/2016 10:04 AM] |
| Filing 32 Notice of Oral Argument on Friday, December 16, 2016 - 09:30 A.M. - Courtroom 4 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). 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. [10146228] (AKM) [Entered: 10/03/2016 01:50 PM] |
| Filing 31 Filed (ECF) Appellees Southern California Permanente Medical Group, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals and The Permanente Medical Group, Inc. Correspondence: Regarding availability for oral argument.. Date of service: 09/01/2016 [10109930] [15-15133] (Holyoke, Erin) [Entered: 09/01/2016 12:03 PM] |
| Filing 30 This case is being considered for the December 2016 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10106776] (AW) [Entered: 08/30/2016 02:33 PM] |
| Filing 29 Received 7 paper copies of Reply brief [ # 27 ] filed by appellants. [9747860] (SD) [Entered: 11/06/2015 01:52 PM] |
| Filing 28 Filed clerk order: The reply brief [ # 27 ] submitted by appellants 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. [9742498] (KT) [Entered: 11/03/2015 09:40 AM] |
| Filing 27 Submitted (ECF) Reply Brief for review. Submitted by Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling. Date of service: 11/02/2015. [9742219] [15-15133] (Seavey, Charles) [Entered: 11/02/2015 07:23 PM] |
| Filing 26 Received 7 paper copies of Answering brief [ # 20 ] filed by appellees. [9712732] (SD) [Entered: 10/08/2015 03:43 PM] |
| Filing 25 Filed Appellees' paper copies of supplemental excerpts of record [ # 20 ] in 2 volumes. [9711845] (KT) [Entered: 10/08/2015 11:35 AM] |
| Filing 24 Streamlined request [23] by Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 11/02/2015. [9711199] (SB) [Entered: 10/08/2015 08:36 AM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Marcinella Call, Steven Sperling, Danielle Estrada, Robert Hernandez, Shirley Nelson and Armando Sanchez. New requested due date is 11/02/2015. [9710307] [15-15133] (Seavey, Charles) [Entered: 10/07/2015 01:54 PM] |
| Filing 22 Filed clerk order: The answering brief [ # 20 ] submitted by appellees 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 [ # 20 ] submitted by appellees. 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. [9708879] (KT) [Entered: 10/06/2015 02:42 PM] |
| Filing 21 COURT DELETED INCORRECT ENTRY. Merged with entry 20. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 20 ]. Original Text: Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Permante Medical Group, Inc. and Southern California Permanente Medical Group. Date of service: 10/06/2015. [9708385] [15-15133] (Holyoke, Erin) [Entered: 10/06/2015 11:23 AM] |
| Filing 20 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Permante Medical Group, Inc. and Southern California Permanente Medical Group. Date of service: 10/05/2015. [9707816] [15-15133] --[COURT UPDATE: Attached corrected excerpts of record. 10/06/2015 by TYL] (Holyoke, Erin) [Entered: 10/05/2015 07:37 PM] |
| Filing 19 Attorneys Michael Paul Curtis, substituted by Attorneys Erin Jean Holyoke, [9666176] (Walker, Synitha) [Entered: 08/31/2015 12:55 PM] |
| Filing 18 Filed (ECF) notice of appearance of Erin Holyoke for Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Permante Medical Group, Inc. and Southern California Permanente Medical Group. Date of service: 08/31/2015. [9665867] [15-15133] (Holyoke, Erin) [Entered: 08/31/2015 11:02 AM] |
| Filing 17 Filed Appellants' paper copies of excerpts of record [ # 8 ] in 2 volume(s). [9606395] (KT) [Entered: 07/10/2015 02:50 PM] |
| Filing 16 Received 7 paper copies of Opening brief [ # 8 ] filed by appellants. [9606268] (SD) [Entered: 07/10/2015 02:13 PM] |
| Filing 15 Added attorney Erin Jean Holyoke for Kaiser Foundation Health Plan, Inc. Southern California Permanente Medical Group Kaiser Foundation Hospitals, in case 15-15133. [9605645] (Walker, Synitha) [Entered: 07/10/2015 10:17 AM] |
| Filing 14 Filed (ECF) notice of appearance of Erin Holyoke for Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Permante Medical Group, Inc. and Southern California Permanente Medical Group. Date of service: 07/09/2015. [9604873] [15-15133] (Holyoke, Erin) [Entered: 07/09/2015 03:20 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file answering brief. The answering brief is due 10/05/2015. The optional reply brief is due 14 days after service of the answering brief. Appellees' counsel is reminded that all filings must be served on all parties and be accompanied by proof of service. See Fed. R. App. P. 25(b); 9th Cir. R. 25-5(f).[9603433] [15-15133] (AT) [Entered: 07/08/2015 04:01 PM] |
| Filing 12 Filed (ECF) Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Permante Medical Group, Inc. and Southern California Permanente Medical Group Motion to extend time to file Answering brief until 10/05/2015. Date of service: 07/08/2015. [9602216] [15-15133] (Scholl-Tatevosyan, Irene) [Entered: 07/08/2015 09:07 AM] |
| Filing 11 Added attorney Irene Tatevosyan for Kaiser Foundation Health Plan, Inc. Kaiser Foundation Hospitals, in case 15-15133. [9602146] (Walker, Synitha) [Entered: 07/08/2015 08:44 AM] |
| Filing 10 Filed clerk order: The opening brief [ # 8 ] submitted by appellants 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 [ # 8 ] submitted by appellants. 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. [9601462] (KT) [Entered: 07/07/2015 02:51 PM] |
| Filing 9 Filed (ECF) notice of appearance of Irene Tatevosyan for Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Permante Medical Group, Inc. and Southern California Permanente Medical Group. Date of service: 07/07/2015. [9601460] [15-15133] (Scholl-Tatevosyan, Irene) [Entered: 07/07/2015 02:50 PM] |
| Filing 8 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling. Date of service: 07/06/2015. [9599556] [15-15133] (Seavey, Charles) [Entered: 07/06/2015 02:46 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the opening brief. The opening brief is due 07/06/2015. The answering brief is due 08/05/2015. The optional reply brief is due 14 days after service of the answering brief. [9474220] [15-15133] (AT) [Entered: 03/26/2015 06:44 PM] |
| Filing 6 Filed (ECF) Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling Motion to extend time to file Opening brief until 07/06/2015. Date of service: 03/26/2015. [9473241] [15-15133] (Seavey, Charles) [Entered: 03/26/2015 11:12 AM] |
| Filing 5 Filed order MEDIATION (MAC): This appeal is not 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. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeal is pending. [9453232] (WL) [Entered: 03/11/2015 11:56 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 03/09/2015, 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....The briefing schedule previously set by the court remains in effect. [9426578] (BLS) [Entered: 02/19/2015 11:36 AM] |
| Filing 3 Filed (ECF) Appellees Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group and Permante Medical Group, Inc. Mediation Questionnaire. Date of service: 02/02/2015. [9405272] [15-15133] (Curtis, Michael) [Entered: 02/02/2015 02:02 PM] |
| Filing 2 Filed (ECF) Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling Mediation Questionnaire. Date of service: 02/01/2015. [9404031] [15-15133] (Seavey, Charles) [Entered: 02/01/2015 05:22 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 02/02/2015. Appellants Marcinella Call, Danielle Estrada, Robert Hernandez, Shirley Nelson, Armando Sanchez and Steven Sperling opening brief due 05/04/2015. Appellees Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Permante Medical Group, Inc. and Southern California Permanente Medical Group answering brief due 06/04/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9395239] (SML) [Entered: 01/26/2015 10:34 AM] |
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