Serena Kwan v. SanMedica Int'l
| SERENA KWAN, an Individual, On Behalf of Herself and All Others Similarly Situated |
| SANMEDICA INTERNATIONAL, LLC, a Utah Limited Liability Company |
| 15-15496 |
| March 17, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 54 MANDATE ISSUED.(JCW, MDS and RRE) [10433631] (Turcios, Margoth) [Entered: 05/15/2017 09:20 AM] |
| Filing 53 FILED OPINION (J. CLIFFORD WALLACE, MILAN D. SMITH, JR. and RALPH R. ERICKSON) AFFIRMED. Judge: RRE Authoring. FILED AND ENTERED JUDGMENT. [10405394] --[Edited: Correction made 5/4/17 on page 9. 05/04/2017 by TYL] (RMM) [Entered: 04/21/2017 07:40 AM] |
| Filing 52 Filed (ECF) Appellee SanMedica International, LLC citation of supplemental authorities. Date of service: 01/18/2017. [10270620]--[COURT ENTERED FILING to correct entry [51].] (SLM) [Entered: 01/18/2017 04:08 PM] |
| Filing 51 cOURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 52 ]. Original Text: Filed (ECF) Appellee SanMedica International, LLC response to motion ([ # 50 ] Additional Citations 28j Filed (ECF Filing)). Date of service: 01/18/2017. [10270461] [15-15496] (Garff, Steven) [Entered: 01/18/2017 03:37 PM] |
| Filing 50 Filed (ECF) Appellant Serena Kwan citation of supplemental authorities. Date of service: 01/17/2017. [10266737] [15-15496] (Weltman, Stewart) [Entered: 01/17/2017 08:48 AM] |
| Filing 49 ARGUED AND SUBMITTED TO J. CLIFFORD WALLACE, MILAN D. SMITH, JR. and RALPH R. ERICKSON. [10263867] (DO) [Entered: 01/12/2017 01:09 PM] |
| Filing 48 Filed (ECF) Errata to Opening brief ([ # 23 ] Brief Submitted for Review (ECF Filing)). Filed by Appellant Serena Kwan. Date of service: 01/10/2017. [10260704] [15-15496] (Syverson, Patricia) [Entered: 01/10/2017 01:00 PM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Jason M. Kerr, Esquire for Appellee SanMedica International, LLC, Christopher B. Sullivan for Appellee SanMedica International, LLC and Steven William Garff for Appellee SanMedica International, LLC. [10246079] [15-15496] (Kerr, Jason) [Entered: 12/23/2016 05:24 PM] |
| Filing 46 Filed clerk order (Deputy Clerk: OC): These cases are hereby consolidated for the purposes of oral argument, with counsel on each side being allotted 15 minutes for argument. [10236484] [15-15492, 15-15496] (OC) [Entered: 12/16/2016 11:25 AM] |
| Filing 45 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Stewart M. Weltman for Appellant Serena Kwan. [10222113] [15-15496] (Weltman, Stewart) [Entered: 12/06/2016 01:30 PM] |
| Filing 44 Notice of Oral Argument on Thursday, January 12, 2017 - 09:00 A.M. - Courtroom 1 - 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. [10215714] (AKM) [Entered: 11/30/2016 01:55 PM] |
| Filing 43 This case is being considered for the March 2017 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_2017.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.[10210415] (AW) [Entered: 11/25/2016 09:33 AM] |
| Filing 42 This case is being considered for the February 2017 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_2017.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.[10176905] (AW) [Entered: 10/27/2016 03:43 PM] |
| Filing 41 Added attorney Steven William Garff for SanMedica International, LLC, in case 15-15496. [9975794] (Turcios, Margoth) [Entered: 05/13/2016 10:55 AM] |
| Filing 40 Filed (ECF) notice of appearance of Steven Garff for Appellee SanMedica International, LLC. Date of service: 05/13/2016. [9975762] [15-15496] (Garff, Steven) [Entered: 05/13/2016 10:45 AM] |
| Filing 39 Filed (ECF) Appellee SanMedica International, LLC citation of supplemental authorities. Date of service: 04/27/2016. [9955580] [15-15496] (Kerr, Jason) [Entered: 04/27/2016 03:21 PM] |
| Filing 38 Filed (ECF) Appellant Serena Kwan citation of supplemental authorities. Date of service: 02/10/2016. [9861548] [15-15496] (Syverson, Patricia) [Entered: 02/10/2016 02:42 PM] |
| Filing 37 Received 7 paper copies of Reply brief [ # 35 ] filed by Serena Kwan. [9714074] (SD) [Entered: 10/09/2015 02:41 PM] |
| Filing 36 Filed clerk order: The reply brief [ # 35 ] submitted by Serena Kwan 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. [9711920] (GV) [Entered: 10/08/2015 11:59 AM] |
| Filing 35 Submitted (ECF) Reply Brief for review. Submitted by Appellant Serena Kwan. Date of service: 10/08/2015. [9711873] [15-15496] (Syverson, Patricia) [Entered: 10/08/2015 11:46 AM] |
| Filing 34 Terminated Lindsey Gomez-Gray for Serena Kwan in 15-15496 (due to incorrect account info) [9695290] (JT) [Entered: 09/24/2015 02:38 PM] |
| Filing 33 Streamlined request [32] by Appellant Serena Kwan to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 10/8/2015. [9670173] (LBS) [Entered: 09/02/2015 03:10 PM] |
| Filing 32 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Serena Kwan. New requested due date is 10/08/2015. [9670029] [15-15496] (Syverson, Patricia) [Entered: 09/02/2015 02:23 PM] |
| Filing 31 Filed Appellee SanMedica International, LLC paper copies of supplemental excerpts of record [ # 28 ] in 1 volume. [9666687] (GV) [Entered: 08/31/2015 03:27 PM] |
| Filing 30 Received 7 paper copies of Answering brief [ # 28 ] filed by SanMedica International, LLC. [9664458] (SD) [Entered: 08/28/2015 02:30 PM] |
| Filing 29 Filed clerk order: The answering brief [ # 28 ] submitted by SanMedica International, 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: 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 [ # 28 ] submitted by SanMedica International, 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. [9661060] (GV) [Entered: 08/26/2015 10:03 AM] |
| Filing 28 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee SanMedica International, LLC. Date of service: 08/24/2015. [9658494] [15-15496] --[COURT UPDATE: Attached separate PDFs of brief and excerpts of record. Updated docket text to reflect content of filing. 08/26/2015 by TYL] (Kerr, Jason) [Entered: 08/24/2015 05:14 PM] |
| Filing 27 Filed (ECF) Appellant Serena Kwan citation of supplemental authorities. Date of service: 07/29/2015. [9627781] [15-15496] (Syverson, Patricia) [Entered: 07/29/2015 04:38 PM] |
| Filing 26 Filed Appellant Serena Kwan paper copies of excerpts of record [ # 23 ] in 2 volume(s). [9625680] (GV) [Entered: 07/28/2015 02:58 PM] |
| Filing 25 Received 7 paper copies of Opening brief [ # 23 ] filed by Serena Kwan. [9625562] (SD) [Entered: 07/28/2015 02:30 PM] |
| Filing 24 Filed clerk order: The opening brief [ # 23 ] submitted by Serena Kwan 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 [ # 23 ] submitted by Serena Kwan. 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. [9622237] (GV) [Entered: 07/24/2015 04:24 PM] |
| Filing 23 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Serena Kwan. Date of service: 07/24/2015. [9622073] [15-15496] (Syverson, Patricia) [Entered: 07/24/2015 03:12 PM] |
| Filing 22 ENTRY UPDATED. ORIGINAL TEXT: [9557488] Streamlined request [21] by Appellant Serena Kwan to extend time to file the brief is approved. Amended briefing schedule: Appellant Serena Kwan opening brief due 07/24/2015. Appellee SanMedica International, LLC answering brief due 08/24/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9557488]--[Edited 07/08/2015 by LBS] (LBS) [Entered: 06/01/2015 04:22 PM] |
| Filing 21 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Serena Kwan. New requested due date is 07/24/2015. [9557034] [15-15496] (Syverson, Patricia) [Entered: 06/01/2015 02:35 PM] |
| Filing 20 Filed Mediation order: This case is not selected for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [9543278] (CL) [Entered: 05/19/2015 04:22 PM] |
| Filing 19 Added attorney Patricia N. Syverson for Serena Kwan, in case 15-15496. [9528290] (Turcios, Margoth) [Entered: 05/07/2015 08:35 AM] |
| Filing 18 Filed (ECF) notice of appearance of Patricia N. Syverson for Appellant Serena Kwan. Date of service: 05/06/2015. [9528121] [15-15496] (Syverson, Patricia) [Entered: 05/06/2015 05:14 PM] |
| Filing 17 Filed Mediation order: This case is under consideration for inclusion in the Mediation Program. By 05/19/2015 , counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [9526207] (CL) [Entered: 05/05/2015 04:12 PM] |
| Filing 16 Terminated Jeremy N. Lateiner for SanMedica International, LLC in 15-15496 (For failure to register for ECF) [9509781] (IV) [Entered: 04/27/2015 11:21 AM] |
| Filing 15 Added attorney Christopher B. Sullivan for SanMedica International, LLC, in case 15-15496. [9470516] (Turcios, Margoth) [Entered: 03/24/2015 04:11 PM] |
| Filing 14 Filed (ECF) notice of appearance of Christopher B. Sullivan for Appellee SanMedica International, LLC. Date of service: 03/24/2015. [9469775] [15-15496] (Sullivan, Christopher) [Entered: 03/24/2015 01:28 PM] |
| Filing 13 Filed (ECF) Appellee SanMedica International, LLC Mediation Questionnaire. Date of service: 03/23/2015. [9468430] [15-15496] (Kerr, Jason) [Entered: 03/23/2015 04:30 PM] |
| Filing 12 Filed (ECF) Appellant Serena Kwan Mediation Questionnaire. Date of service: 03/23/2015. [9467649] [15-15496] (Syverson, Patricia) [Entered: 03/23/2015 01:11 PM] |
| Filing 11 Added attorney Lindsey Gomez-Gray for Serena Kwan, in case 15-15496. [9464439] (Turcios, Margoth) [Entered: 03/19/2015 03:56 PM] |
| Filing 10 Filed (ECF) notice of appearance of Lindsey M. Gomez-Gray for Appellant Serena Kwan. Date of service: 03/19/2015. [9464333] [15-15496] (Gomez-Gray, Lindsey) [Entered: 03/19/2015 03:11 PM] |
| Filing 9 Added attorney Max A. Stein, Stewart M. Weltman for Serena Kwan, in case 15-15496. [9464003] (Turcios, Margoth) [Entered: 03/19/2015 01:22 PM] |
| Filing 8 Filed (ECF) notice of appearance of Stewart M. Weltman for Appellant Serena Kwan. Date of service: 03/19/2015. [9463854] [15-15496] (Weltman, Stewart) [Entered: 03/19/2015 12:16 PM] |
| Filing 7 Filed (ECF) notice of appearance of Max A. Stein for Appellant Serena Kwan. Date of service: 03/19/2015. [9463811] [15-15496] (Stein, Max) [Entered: 03/19/2015 12:05 PM] |
| Filing 6 Filed clerk order: Electronically-filed document [ # 5 ] Notice of Appearance (ECF Filing) is stricken because notice of appearnce was not submitted by Mr. Christopher Sullivan and he is not registered for ECF. [9461944] (Turcios, Margoth) [Entered: 03/18/2015 10:39 AM] |
| Filing 5 Filed (ECF) notice of appearance of Christopher B. Sullivan for Appellee SanMedica International, LLC. Date of service: 03/17/2015. [9460919] [15-15496] (Kerr, Jason) [Entered: 03/17/2015 02:37 PM] |
| Filing 3 Added attorney Jason M. Kerr for SanMedica International, LLC, in case 15-15496. [9460879] (Turcios, Margoth) [Entered: 03/17/2015 02:25 PM] |
| Filing 2 Filed (ECF) notice of appearance of Jason M Kerr for Appellee SanMedica International, LLC. Date of service: 03/17/2015. [9460812] [15-15496] (Kerr, Jason) [Entered: 03/17/2015 02:13 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/24/2015. Appellant Serena Kwan opening brief due 06/24/2015. Appellee SanMedica International, LLC answering brief due 07/24/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9459868] (IV) [Entered: 03/17/2015 09:04 AM] |
| Filing 4 Deleted Incorrect Entry (Entered in wrong case) Notice about deletion sent to case participants registered for electronic filing. Original Text: Received copy of District Court order filed on 03/16/2015 petitioner's application for COA is denied. [9460911] (Turcios, Margoth) [Entered: 03/17/2015 02:34 PM] |
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| Plaintiff / appellant: SERENA KWAN, an Individual, On Behalf of Herself and All Others Similarly Situated | |
| Represented By: | Elaine A. Ryan |
| Represented By: | Max A. Stein |
| Represented By: | Patricia N. Syverson Esquire |
| Represented By: | Stewart M. Weltman |
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| Defendant / appellee: SANMEDICA INTERNATIONAL, LLC, a Utah Limited Liability Company | |
| Represented By: | Steven William Garff |
| Represented By: | Jason M. Kerr Esquire |
| Represented By: | Christopher B. Sullivan |
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