April Bain, et al v. California Teachers Ass'n, et al
| APRIL BAIN, BHAVINI BHAKTA and CLARE SOBETSKI |
| CALIFORNIA TEACHERS ASSOCIATION, NATIONAL EDUCATION ASSOCIATION, CALIFORNIA FEDERATION OF TEACHERS, AMERICAN FEDERATION OF TEACHERS, UNITED TEACHERS LOS ANGELES, UNITED TEACHERS OF RICHMOND CTA/NEA, RAMON CORTINES, in his capacity as Superintendent of Los Angeles Unified School District, BRUCE HARTER, in his capacity as Superintendent of West Contra Costa Unified School District and DAVID VANNASDALL, in his capacity as Superintendent of Arcadia Unified School District |
| 16-55768 |
| May 27, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 55 MANDATE ISSUED.(PJK, CMC and CTB) [10930001] (JFF) [Entered: 07/03/2018 09:02 AM] |
| Filing 54 FILED OPINION (PAUL J. KELLY, JR., CONSUELO M. CALLAHAN and CARLOS T. BEA) In line with our disposition, we GRANT the Unions motion to dismiss the appeal as moot and DENY Plaintiffs and AAEs motion for joinder. Accordingly, we DISMISS Plaintiffs appeal and REMAND to the district court with instructions to dismiss the case without vacating its judgment. Judge: CMC Authoring, FILED AND ENTERED JUDGMENT. [10903069] (RMM) [Entered: 06/11/2018 06:53 AM] |
| Filing 53 Terminated Ryan Paul McGinley-Stempel for Clare Sobetski, Bhavini Bhakta and April Bain in 16-55768 [10827945] (JFF) [Entered: 04/06/2018 03:35 PM] |
| Filing 52 Filed (ECF) Appellants April Bain, Bhavini Bhakta and Clare Sobetski Correspondence: Notice of Withdrawal for Ryan P. McGinley-Stempel as Counsel to Plaintiffs-Appellants April Bain, Bhavini Bhakta, and Clare Sobetski. Date of service: 04/06/2018 [10827544] [16-55768] (McGinley-Stempel, Ryan) [Entered: 04/06/2018 01:18 PM] |
| Filing 51 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10681752] (JN) [Entered: 12/07/2017 08:54 AM] |
| Filing 50 ARGUED AND SUBMITTED TO PAUL J. KELLY, JR., CONSUELO M. CALLAHAN and CARLOS T. BEA. [10681406] (EU) [Entered: 12/06/2017 04:16 PM] |
| Filing 49 Filed (ECF) Appellants April Bain, Bhavini Bhakta and Clare Sobetski Correspondence: Response to Question at Oral Argument. Date of service: 12/06/2017 [10681394] [16-55768] (Lipshutz, Joshua) [Entered: 12/06/2017 04:12 PM] |
| Filing 48 Filed (ECF) Appellee Bruce Harter Correspondence: Attorney non-appearance at hearing. Date of service: 11/21/2017 [10663196] [16-55768] (Wenzel, Michael) [Entered: 11/21/2017 02:25 PM] |
| Filing 47 Filed (ECF) Appellees AFT, California Federation of Teachers, California Teachers Association, National Education Association, United Teachers of Richmond CTA/NEA and UTLA reply to response (motion to dismiss for lack of jurisdiction, ). Date of service: 11/02/2017. [10641916] [16-55768] (Harrington, Eric) [Entered: 11/02/2017 03:38 PM] |
| Filing 46 Filed (ECF) Appellants April Bain, Bhavini Bhakta and Clare Sobetski response to motion ([ # 44 ] Motion (ECF Filing), [ # 44 ] Motion (ECF Filing) motion to dismiss for lack of jurisdiction, [ # 45 ] Response to Motion (ECF Filing), [ # 43 ] Motion (ECF Filing), [ # 43 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/26/2017. [10633562] [16-55768] (Lipshutz, Joshua) [Entered: 10/26/2017 07:43 PM] |
| Filing 45 Filed (ECF) Appellees AFT, California Federation of Teachers, California Teachers Association, National Education Association, United Teachers of Richmond CTA/NEA and UTLA response to motion ([ # 43 ] Motion (ECF Filing), [ # 43 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/19/2017. [10624201] [16-55768] (Harrington, Eric) [Entered: 10/19/2017 01:59 PM] |
| Filing 44 Filed (ECF) Appellees National Education Association, United Teachers of Richmond CTA/NEA, UTLA, California Federation of Teachers, California Teachers Association and AFT Motion to dismiss for lack of jurisdiction. Date of service: 10/19/2017. [10624107] [16-55768] (Harrington, Eric) [Entered: 10/19/2017 01:33 PM] |
| Filing 43 Filed (ECF) Appellants April Bain, Bhavini Bhakta and Clare Sobetski Motion for miscellaneous relief [Plaintiffs-Appellants and Putative Plaintiff-Appellant Association of American Educators' Motion for Joinder]. Date of service: 10/09/2017. [10610231] [16-55768] (McGinley-Stempel, Ryan) [Entered: 10/09/2017 10:07 AM] |
| Filing 42 Filed (ECF) Appellants April Bain, Bhavini Bhakta and Clare Sobetski Correspondence: Notice of Plaintiffs-Appellants' Change in Residence and Motion to Join Association of American Educators as a Plaintiff-Appellant. Date of service: 10/09/2017 [10610228] [16-55768] (McGinley-Stempel, Ryan) [Entered: 10/09/2017 09:57 AM] |
| Filing 41 Added attorney Ryan Paul McGinley-Stempel for April Bain Clare Sobetski Bhavini Bhakta, in case 16-55768. [10606535] (JFF) [Entered: 10/04/2017 04:52 PM] |
| Filing 40 Filed (ECF) notice of appearance of Ryan Paul McGinley-Stempel for Appellants April Bain, Bhavini Bhakta and Clare Sobetski. Date of service: 10/04/2017. [10606500] [16-55768] (McGinley-Stempel, Ryan) [Entered: 10/04/2017 04:36 PM] |
| Filing 39 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Eric A. Harrington for Appellees California Teachers Association, National Education Association, UTLA and United Teachers of Richmond CTA/NEA. [10603341] [16-55768] (Harrington, Eric) [Entered: 10/03/2017 10:49 AM] |
| Filing 38 Added attorney Samuel Eckman for April Bain Clare Sobetski Bhavini Bhakta, in case 16-55768. [10599280] (JFF) [Entered: 09/29/2017 10:16 AM] |
| Filing 37 Filed (ECF) notice of appearance of Samuel Eckman for Appellants April Bain, Bhavini Bhakta and Clare Sobetski. Date of service: 09/29/2017. [10599190] [16-55768] (Eckman, Samuel) [Entered: 09/29/2017 09:42 AM] |
| Filing 36 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Joshua S. Lipshutz, Esquire for Appellants April Bain, Bhavini Bhakta and Clare Sobetski. [10598955] [16-55768] (Lipshutz, Joshua) [Entered: 09/28/2017 06:09 PM] |
| Filing 35 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Barrett Green for Appellee Ramon Cortines. [10598506] [16-55768] (Green, Barrett) [Entered: 09/28/2017 03:15 PM] |
| Filing 34 Notice of Oral Argument on Wednesday, December 6, 2017 - 09:00 A.M. - Courtroom 2 - Pasadena 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: PASADENA Office. [10598181] (Witt, Dusty) [Entered: 09/28/2017 01:53 PM] |
| Filing 33 Filed (ECF) Appellants April Bain, Bhavini Bhakta and Clare Sobetski Correspondence: Notice regarding availability for oral argument. Date of service: 08/25/2017 [10559116] [16-55768] (Lipshutz, Joshua) [Entered: 08/25/2017 01:40 PM] |
| Filing 32 This case is being considered for the December 2017 Pasadena 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.[10556393] (AW) [Entered: 08/24/2017 09:12 AM] |
| Filing 31 Filed (ECF) Appellants April Bain, Bhavini Bhakta and Clare Sobetski citation of supplemental authorities. Date of service: 07/25/2017. [10520486] [16-55768] (Lipshutz, Joshua) [Entered: 07/25/2017 11:36 AM] |
| Filing 30 Filed 4 paper copies of further excerpts of record [ # 27 ] in 1 volume(s) filed by Appellants. [10336592] (SML) [Entered: 02/28/2017 01:49 PM] |
| Filing 29 Received 7 paper copies of Reply Brief [ # 26 ] filed by April Bain, Bhavini Bhakta and Clare Sobetski. [10336470] (RG) [Entered: 02/28/2017 01:14 PM] |
| Filing 28 Filed clerk order: The reply brief [ # 26 ] 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 CM/ECF. The Court has reviewed the further excerpts of record [ # 27 ] 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. [10330615] (SML) [Entered: 02/23/2017 11:16 AM] |
| Filing 27 Submitted (ECF) further excerpts of record. Submitted by Appellants April Bain, Bhavini Bhakta and Clare Sobetski. Date of service: 02/22/2017. [10329948] [16-55768] (Boutrous, Theodore) [Entered: 02/22/2017 04:49 PM] |
| Filing 26 Submitted (ECF) Reply Brief for review. Submitted by Appellants April Bain, Bhavini Bhakta and Clare Sobetski. Date of service: 02/22/2017. [10329935] [16-55768] (Boutrous, Theodore) [Entered: 02/22/2017 04:42 PM] |
| Filing 25 Streamlined request [24] by Appellants April Bain, Bhavini Bhakta and Clare Sobetski to extend time to file the reply brief is approved. Amended briefing schedule: the reply brief is due February 22, 2017. [10267485] (AT) [Entered: 01/17/2017 11:55 AM] |
| Filing 24 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants April Bain, Bhavini Bhakta and Clare Sobetski. New requested due date is 02/22/2017. [10267156] [16-55768] (Boutrous, Theodore) [Entered: 01/17/2017 10:35 AM] |
| Filing 23 Received 7 paper copies of Answering Brief [ # 21 ] filed by California Federation of Teachers, California Teachers Association, Ramon Cortines, Bruce Harter, National Education Association, UTLA, United Teachers of Richmond CTA/NEA and David Vannasdall. [10260283] (RG) [Entered: 01/10/2017 10:36 AM] |
| Filing 22 Filed clerk order: The answering brief [ # 21 ] submitted by American Federation of Teachers, et al., 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 CM/ECF. [10258672] (SML) [Entered: 01/09/2017 10:15 AM] |
| Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellees American Federation of Teachers, California Federation of Teachers, California Teachers Association, National Education Association, United Teachers of Richmond CTA/NEA and UTLA. Date of service: 01/06/2017. [10257739] [16-55768] (Harrington, Eric) [Entered: 01/06/2017 03:16 PM] |
| Filing 20 Filed (ECF) Appellee Bruce Harter Correspondence: Letter to notify Court and all parties that Dr. Bruce Harter will not be filing an answering brief in this matter.. Date of service: 01/04/2017 [10254579] [16-55768] (Wenzel, Michael) [Entered: 01/04/2017 02:26 PM] |
| Filing 19 Streamlined request [17] by Appellee Bruce Harter to extend time to file the answering brief is approved. Amended briefing schedule: the answering brief for appellee Bruce Harter is due 01/06/2017. The optional reply brief is due 14 days after service of the last-served answering brief. [10222845] (AT) [Entered: 12/06/2016 04:27 PM] |
| Filing 18 Filed (ECF) Appellee David Vannasdall Correspondence: Notice re not filing brief.. Date of service: 12/06/2016 [10222699] [16-55768] (Evans, Sue) [Entered: 12/06/2016 03:40 PM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Bruce Harter. New requested due date is 01/06/2017. [10222450] [16-55768] (Wenzel, Michael) [Entered: 12/06/2016 02:50 PM] |
| Filing 16 Streamlined request [15] by Appellees California Teachers Association, National Education Association, UTLA and United Teachers of Richmond CTA/NEA to extend time to file the answering brief is approved. Amended briefing schedule: the answering brief for appellees California Teachers Association, National Education Association, United Teachers Los Angeles and United Teachers of Richmond CTA/NEA is due 01/06/2017. The optional reply brief is due within 14 days after service of the last-served answering brief. Separatedly represented appellees should file a streamlined request on their own behalf. [10215007] (AT) [Entered: 11/30/2016 09:43 AM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees American Federation of Teachers, California Federation of Teachers, California Teachers Association, National Education Association, United Teachers of Richmond CTA/NEA and UTLA. New requested due date is 01/06/2017. [10214757] [16-55768] (Harrington, Eric) [Entered: 11/30/2016 07:08 AM] |
| Filing 14 Filed 4 paper copies of excerpts of record [ # 11 ] in 5 volume(s) filed by Appellants. [10198833] (SML) [Entered: 11/16/2016 10:21 AM] |
| Filing 13 Received 7 paper copies of Opening Brief [ # 10 ] filed by April Bain, Bhavini Bhakta and Clare Sobetski. [10197597] (RG) [Entered: 11/15/2016 01:31 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] 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 CM/ECF. The Court has reviewed the excerpts of record [ # 11 ] 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. [10189963] (SML) [Entered: 11/08/2016 10:56 AM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants April Bain, Bhavini Bhakta and Clare Sobetski. Date of service: 11/07/2016. [10189507] [16-55768] (Boutrous, Theodore) [Entered: 11/07/2016 08:19 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants April Bain, Bhavini Bhakta and Clare Sobetski. Date of service: 11/07/2016. [10189506] [16-55768] (Boutrous, Theodore) [Entered: 11/07/2016 08:10 PM] |
| Filing 9 Terminated Derrick Ryan Ward for California Teachers Association in 16-55768 (Due to incorrect ECF account information). [10086898] (SLM) [Entered: 08/15/2016 11:56 AM] |
| Filing 8 Terminated Derrick Ryan Ward for United Teachers of Richmond CTA/NEA, UTLA and National Education Association in 16-55768 [10013547] (CW) [Entered: 06/14/2016 08:56 AM] |
| Filing 7 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. [10012235] (CL) [Entered: 06/13/2016 12:36 PM] |
| Filing 6 Added attorney Jesus E. Quinonez for UTLA. [10005800] (RL) [Entered: 06/07/2016 04:34 PM] |
| Filing 5 Filed (ECF) notice of appearance of Jesus E. Quinonez for Appellee UTLA. Date of service: 06/07/2016. [10005789] [16-55768] (Quinonez, Jesus) [Entered: 06/07/2016 04:30 PM] |
| Filing 4 Added attorney Richa Amar for UTLA California Teachers Association United Teachers of Richmond CTA/NEA National Education Association. [10002680] (RL) [Entered: 06/06/2016 08:51 AM] |
| Filing 3 Filed (ECF) Appellants April Bain, Bhavini Bhakta and Clare Sobetski Mediation Questionnaire. Date of service: 06/02/2016. [10001018] [16-55768] (Boutrous, Theodore) [Entered: 06/02/2016 08:07 PM] |
| Filing 2 Filed (ECF) notice of appearance of Richa Amar for Appellees California Teachers Association, National Education Association, United Teachers of Richmond CTA/NEA and UTLA. Date of service: 06/02/2016. [10000080] [16-55768] --[COURT UPDATE: Attached corrected notice. 06/02/2016 by TYL] (Amar, Richa) [Entered: 06/02/2016 11:55 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/03/2016. Transcript ordered by 06/27/2016. Transcript due 09/26/2016. Appellants April Bain, Bhavini Bhakta and Clare Sobetski opening brief due 11/07/2016. Appellees American Federation of Teachers, California Federation of Teachers, California Teachers Association, Ramon Cortines, Bruce Harter, National Education Association, United Teachers Los Angeles, United Teachers of Richmond CTA/NEA and David Vannasdall answering brief due 12/07/2016. Appellant's optional reply brief is due 14 days after service of the answering brief. [9993699] (JN) [Entered: 05/27/2016 09:53 AM] |
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