Cornele Overstreet v. Shamrock Foods Company
| CORNELE A. OVERSTREET, Regional Director of the Twenty-Eighth Region of the National Labor Relations Board |
| SHAMROCK FOODS COMPANY |
| 16-15172 |
| February 5, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Labor/Management Relations Act |
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| Document Text |
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| Filing 50 MANDATE ISSUED.(RMG, MSB and JRT) [10391719] (RL) [Entered: 04/11/2017 11:37 AM] |
| Filing 49 FILED MEMORANDUM DISPOSITION (RONALD M. GOULD, MARSHA S. BERZON and JOHN R. TUNHEIM) AFFIRMED. FILED AND ENTERED JUDGMENT. [10324176] (MM) [Entered: 02/17/2017 10:44 AM] |
| Filing 48 Filed (ECF) Appellee Cornele A. Overstreet citation of supplemental authorities. Date of service: 09/21/2016. [10130623] [16-15172] (Cocuzza, Amy) [Entered: 09/21/2016 08:47 AM] |
| Filing 47 Filed (ECF) Appellant Shamrock Foods Company citation of supplemental authorities. Date of service: 09/16/2016. [10126455] [16-15172] (Rivkin, David) [Entered: 09/16/2016 01:10 PM] |
| Filing 46 ARGUED AND SUBMITTED TO RONALD M. GOULD, MARSHA S. BERZON and JOHN R. TUNHEIM. [10125177] (LKK) [Entered: 09/15/2016 02:44 PM] |
| Filing 45 Terminated James Burr Shields II for Shamrock Foods Company in 16-15172 (Due to incorrect ECF account information). [10111119] (SLM) [Entered: 09/02/2016 09:23 AM] |
| Filing 44 Filed clerk order (Deputy Clerk: OC): The parties are requested to address at oral argument whether the National Labor Relations Boards exclusive discretion over whether to abandon an unfair labor practice proceeding once instituted precludes mootness of the portions of the Regional Directors petition related to Thomas Wallaces discharge. See N.L.R.B. v. Intl Bhd. of Elec. Workers, Local Union 112, AFL-CIO, 992 F.2d 990, 992 (9th Cir. 1993); Independent Stave Co., 287 NLRB 740, 741 (1987). [10111066] (OC) [Entered: 09/02/2016 09:08 AM] |
| Filing 43 Filed clerk order (Deputy Clerk: OC): We take judicial notice, pursuant to Federal Rule of Evidence 201, of the Administrative Law Judges decision in National Labor Relations Board case 28-CA-150157, filed on February 11, 2016. See Small v. Avanti Health Sys., LLC, 661 F.3d 1180, 1186 (9th Cir. 2011); Overstreet v. United Bhd. of Carpenters & Joiners of Am., Local Union No. 1506, 409 F.3d 1199, 1204 n.7 (9th Cir. 2005). In addition, Respondent-Appellants unopposed motion to supplement the record is GRANTED as to the declaration of Human Resources Specialist Natalie Wright. Petitioner-Appellees unopposed motion to supplement the record with the declaration of Thomas Wallace is GRANTED. See Johnson v. Rancho Santiago Cmty. Coll. Dist., 623 F.3d 1011, 1020 n.3 (9th Cir. 2010) (granting motion to supplement the record on appeal with a declaration attesting to facts related to the appellate courts jurisdiction). [10062328] (OC) [Entered: 07/25/2016 04:33 PM] |
| Filing 42 Filed Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney James Burr Shields, II for Appellant Shamrock Foods Company. [10046395] (RL) [Entered: 07/11/2016 04:39 PM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. David Boris Rivkin, Esquire for Appellant Shamrock Foods Company. [10043116] [16-15172] (Rivkin, David) [Entered: 07/08/2016 05:52 AM] |
| Filing 40 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Amy Cocuzza for Appellee Cornele A. Overstreet. [10038172] [16-15172] (Cocuzza, Amy) [Entered: 07/05/2016 10:38 AM] |
| Filing 39 Notice of Oral Argument on Thursday, September 15, 2016 - 09:30 A.M. - Courtroom 3 - 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. [10038104] (AKM) [Entered: 07/05/2016 10:13 AM] |
| Filing 38 This case is being considered for the September 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.[9980214] (AW) [Entered: 05/17/2016 03:12 PM] |
| Filing 37 Filed clerk order (Deputy Clerk: FG): Appellants March 3, 2016 and Appellees March 31, 2016 motions to supplement the record on appeal are referred to the panel assigned to decide the merits of this appeal for whatever consideration the panel deems appropriate. Briefing is complete. [9950004] (Trierweiler, Nicole) [Entered: 04/22/2016 01:57 PM] |
| Filing 36 Received 7 paper copies of Reply brief [ # 31 ] filed by Shamrock Foods Company. [9948649] (SD) [Entered: 04/21/2016 02:46 PM] |
| Filing 35 Filed Appellant Shamrock Foods Company paper copies of further excerpts of record [ # 32 ] in 1 volume. [9948488] (SML) [Entered: 04/21/2016 01:24 PM] |
| Filing 34 Filed clerk order (Deputy Clerk: FG): Appellants March 3, 2016 and Appellees March 31, 2016 motions to supplement the record on appeal are referred to the panel assigned to decide the merits of this appeal for whatever consideration the panel deems appropriate. Briefing is complete. [9946969] (AF) [Entered: 04/20/2016 01:16 PM] |
| Filing 33 Filed clerk order: The reply brief [ # 31 ] submitted by Shamrock Foods 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: 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. The Court has reviewed the further excerpts of record [ # 32 ] submitted by Shamrock Foods 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. [9944704] (TLH) [Entered: 04/19/2016 08:36 AM] |
| Filing 32 Submitted (ECF) further excerpts of record. Submitted by Appellant Shamrock Foods Company. Date of service: 04/18/2016. [9944323] [16-15172] (Grossman, Andrew) [Entered: 04/18/2016 04:26 PM] |
| Filing 31 Submitted (ECF) Reply Brief for review. Submitted by Appellant Shamrock Foods Company. Date of service: 04/18/2016. [9944321] [16-15172] (Grossman, Andrew) [Entered: 04/18/2016 04:25 PM] |
| Filing 30 Received 7 paper copies of Answering brief [ # 25 ] filed by Cornele A. Overstreet. [9933434] (SD) [Entered: 04/08/2016 03:13 PM] |
| Filing 29 Filed Appellee Cornele A. Overstreet paper copies of supplemental excerpts of record [ # 27 ] in 1 volume. [9933201] (TLH) [Entered: 04/08/2016 01:55 PM] |
| Filing 28 Filed clerk order: The Court has reviewed the supplemental excerpts of record [ # 27 ] submitted by Cornele A. Overstreet. 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. [9926324] (TLH) [Entered: 04/04/2016 03:09 PM] |
| Filing 27 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Cornele A. Overstreet. Date of service: 04/04/2016. [9926249] [16-15172] (Cocuzza, Amy) [Entered: 04/04/2016 02:49 PM] |
| Filing 26 Filed clerk order: The answering brief [ # 25 ] submitted by Cornele A. Overstreet 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. [9923115] (TLH) [Entered: 03/31/2016 02:17 PM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellee Cornele A. Overstreet. Date of service: 03/31/2016. [9923071] [16-15172] (Cocuzza, Amy) [Entered: 03/31/2016 02:00 PM] |
| Filing 24 Filed (ECF) Appellee Cornele A. Overstreet Motion to supplement record on appeal. Date of service: 03/31/2016. [9922842] [16-15172] (Cocuzza, Amy) [Entered: 03/31/2016 12:02 PM] |
| Filing 22 Filed (ECF) Appellant Shamrock Foods Company reply to response (motion to supplement record on appeal, ). Date of service: 03/08/2016. [9893944] [16-15172] (Grossman, Andrew) [Entered: 03/08/2016 01:57 PM] |
| Filing 21 Filed (ECF) Appellee Cornele A. Overstreet response to motion ([ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing) motion to supplement record on appeal). Date of service: 03/08/2016. [9893527] [16-15172] (Cocuzza, Amy) [Entered: 03/08/2016 11:31 AM] |
| Filing 23 Filed Appellant Shamrock Foods Company paper copies of excerpts of record [ # 18 ] in 2 volume(s). [9894229] (TLH) [Entered: 03/08/2016 03:04 PM] |
| Filing 20 Received 7 paper copies of Opening brief [ # 17 ] filed by Shamrock Foods Company. [9892290] (SD) [Entered: 03/07/2016 03:24 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] submitted by Shamrock Foods 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: 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 [ # 18 ] submitted by Shamrock Foods 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. [9889488] (TLH) [Entered: 03/04/2016 09:35 AM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Shamrock Foods Company. Date of service: 03/03/2016. [9888216] [16-15172] (Grossman, Andrew) [Entered: 03/03/2016 12:02 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellant Shamrock Foods Company. Date of service: 03/03/2016. [9888204] [16-15172] (Grossman, Andrew) [Entered: 03/03/2016 11:59 AM] |
| Filing 16 Filed (ECF) Appellant Shamrock Foods Company Motion to supplement record on appeal. Date of service: 03/03/2016. [9888188] [16-15172] (Grossman, Andrew) [Entered: 03/03/2016 11:53 AM] |
| Filing 15 Added attorney Mark W. DeLaquil for Shamrock Foods Company. [9888148] (RL) [Entered: 03/03/2016 11:42 AM] |
| Filing 14 Filed (ECF) notice of appearance of Mark Wendell DeLaquil for Appellant Shamrock Foods Company. Date of service: 03/03/2016. [9888106] [16-15172] (DeLaquil, Mark) [Entered: 03/03/2016 11:30 AM] |
| Filing 13 Added attorney Amy Cocuzza for Cornele A. Overstreet. [9883875] (RL) [Entered: 03/01/2016 09:43 AM] |
| Filing 12 Filed (ECF) notice of appearance of Amy L. Cocuzza for Appellee Cornele A. Overstreet. Date of service: 03/01/2016. [9883635] [16-15172] (Cocuzza, Amy) [Entered: 03/01/2016 08:09 AM] |
| Filing 11 Added attorney Elinor L. Merberg for Cornele A. Overstreet. [9878366] (RL) [Entered: 02/25/2016 10:57 AM] |
| Filing 10 Filed (ECF) notice of appearance of Elinor L Merberg for Appellee Cornele A. Overstreet. Date of service: 02/25/2016. [9878277] [16-15172] (Merberg, Elinor) [Entered: 02/25/2016 10:50 AM] |
| Filing 9 Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9877775] (VS) [Entered: 02/25/2016 08:02 AM] |
| Filing 8 Filed (ECF) Appellant Shamrock Foods Company Mediation Questionnaire. Date of service: 02/09/2016. [9860375] [16-15172] (Rivkin, David) [Entered: 02/09/2016 05:59 PM] |
| Filing 7 Attorney Sara Sue Demirok in 16-15172 substituted by Attorney Laura T. Vazquez in 16-15172 [9860215] (JFF) [Entered: 02/09/2016 04:21 PM] |
| Filing 6 Added attorney Andrew M. Grossman, David Boris Rivkin for Shamrock Foods Company, in case 16-15172. [9860212] (JFF) [Entered: 02/09/2016 04:20 PM] |
| Filing 5 Filed (ECF) notice of appearance of Laura T. Vazquez for Appellee Cornele A. Overstreet. Date of service: 02/09/2016. [9858924] [16-15172] (Vazquez, Laura) [Entered: 02/09/2016 07:39 AM] |
| Filing 4 Filed (ECF) notice of appearance of David Boris Rivkin, Jr. for Appellant Shamrock Foods Company. Date of service: 02/09/2016. [9858914] [16-15172] (Rivkin, David) [Entered: 02/09/2016 06:36 AM] |
| Filing 3 Filed (ECF) notice of appearance of Andrew Michael Grossman for Appellant Shamrock Foods Company. Date of service: 02/09/2016. [9858912] [16-15172] (Grossman, Andrew) [Entered: 02/09/2016 06:32 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 4, 2016 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. 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 March 3, 2016; the answering brief is due March 31, 2016 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 that streamlined requests for extensions of time are not available in preliminary injunction appeals. See http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000638. Any request for an extension of time must be requested under Ninth Circuit Rule 31-2.2(b). 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. [9855953] (OC) [Entered: 02/05/2016 10:31 AM] |
| 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. Mediation Questionnaire due on 02/12/2016. [9855811] (RT) [Entered: 02/05/2016 09:37 AM] |
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| Petitioner: CORNELE A. OVERSTREET, Regional Director of the Twenty-Eighth Region of the National Labor Relations Board | |
| Represented By: | Amy Cocuzza |
| Represented By: | Elinor L. Merberg |
| Represented By: | Laura T. Vazquez |
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| Respondent: SHAMROCK FOODS COMPANY | |
| Represented By: | Mark W. DeLaquil |
| Represented By: | David Boris Rivkin Esquire |
| Represented By: | Andrew M. Grossman |
| Represented By: | Marc Antoney Antonetti |
| Represented By: | Todd A. Dawson Esquire |
| Represented By: | Nancy Inesta |
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