Jennifer Whalen, et al v. Ford Motor Company
| JENNIFER WHALEN, THOMAS MITCHELL, GRIF ROSSER, JOE D'AGUANNO, DEB MAKOWSKI, JOSE RANDY RODRIGUEZ and MICHAEL ERVIN |
| FORD MOTOR COMPANY |
| 16-80184 |
| December 7, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 19 Filed order (ALEX KOZINSKI and MARSHA S. BERZON) Petitioners unopposed motion for leave to file a reply in support of the petition (Docket Entry No. [ # 6 ]) is granted. The reply has been filed. The court, in its discretion, denies the petition for permission to appeal the district courts September 14, 2016 order denying in part plaintiffs motion for class action certification and November 22, 2016 order denying plaintiffs motion for reconsideration and granting defendants motion for reconsideration. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). [10524893] (HC) [Entered: 07/28/2017 09:08 AM] |
| Filing 18 Filed (ECF) Respondent Ford Motor Company response to Court order dated 04/26/2017. Date of service: 04/27/2017. [10413784] [16-80184] (Dorey, David) [Entered: 04/27/2017 01:45 PM] |
| Filing 17 Filed order (Appellate Commissioner): Respondents unopposed motion (Docket Entry No. [ # 13 ]) for leave to file a supplemental consent motion to seal is granted. The supplemental consent motion (Docket Entry No. [ # 13 ]) to seal portions of the Expert Report of Jonathan I. Arnold, which is included in Volume 1 of petitioners appendix, is granted. See 9th Cir. Interim R. 27-13(e). The Clerk shall maintain Volume 1 of petitioners appendix (Docket Entry No. [ # 10 ], Document 3) under seal. Within 7 days after the date of this order, respondent shall submit for public filing a Volume 1A that is identical to Volume 1 of petitioners appendix but includes a redacted version of the Expert Report of Jonathan I. Arnold, redacted as proposed in the supplemental consent motion to seal, in place of the unredacted version. The parties are not required to resubmit the petition, answer, and proposed reply in support of the petition with revised citations. The court will address petitioners motion for leave to file a reply and will address the merits of this petition for permission to appeal by separate order. (MOATT) [10412156] (HC) [Entered: 04/26/2017 02:03 PM] |
| Filing 16 Filed (ECF) Respondent Ford Motor Company answer to 23f petition. Date of service: 04/12/2017. [10393104] [16-80184] (Edwards, Randall) [Entered: 04/12/2017 10:24 AM] |
| Filing 15 Added attorney Brian C. Anderson for Ford Motor Company, in case 16-80184. [10392884] (Turcios, Margoth) [Entered: 04/12/2017 08:52 AM] |
| Filing 14 Filed (ECF) notice of appearance of Brian C. Anderson for Respondent Ford Motor Company. Date of service: 04/12/2017. [10392832] [16-80184] (Anderson, Brian) [Entered: 04/12/2017 08:18 AM] |
| Filing 13 Filed (ECF) Respondent Ford Motor Company Unopposed Motion for miscellaneous relief [Unopposed Motion for leave to file Supplemental Consent Motion to Seal]. Date of service: 04/10/2017. [10390925] [16-80184] (Dorey, David) [Entered: 04/10/2017 05:27 PM] |
| Filing 12 Terminated Brian C Anderson for Ford Motor Company in 16-80184, Nicholas E. Chimicles for Jennifer Whalen, Grif Rosser, Jose Randy Rodriguez, Thomas Mitchell, Deb Makowski, Michael Ervin and Joe D'Aguanno in 16-80184 for failure to register for CM/ECF. [10386907] (LA) [Entered: 04/06/2017 02:58 PM] |
| Filing 11 Filed (ECF) UNDER SEAL Petitioners Joe D'Aguanno, Michael Ervin, Deb Makowski, Thomas Mitchell, Jose Randy Rodriguez, Grif Rosser and Jennifer Whalen notice of filing document under seal. Type of document: other (Appendix Volume 2). Date of service: 04/06/2017. [10386341] [16-80184]--[COURT UPDATE: Updated docket text to reflect content of filing. 04/06/2017 by LA] (Berman, Steve) [Entered: 04/06/2017 11:56 AM] |
| Filing 10 Filed (ECF) Petitioners Joe D'Aguanno, Michael Ervin, Deb Makowski, Thomas Mitchell, Jose Randy Rodriguez, Grif Rosser and Jennifer Whalen response to Court order dated 03/29/2017. Date of service: 04/06/2017. [10386328] [16-80184] (Berman, Steve) [Entered: 04/06/2017 11:51 AM] |
| Filing 9 Filed order (Appellate Commissioner): Petitioners motion (Docket Entry No. [ # 2 ]) to maintain under seal the appendix in support of this petition for permission to appeal is granted to the extent that it seeks to seal documents designated as Confidential and filed under seal in whole or in part in the district court (as listed on pages 3-7 of respondents reply in support of petitioners motion to maintain documents under seal). To the extent the motion seeks to seal other documents, which are intermingled in petitioners appendix with the confidential documents, the motion is denied. See 9th Cir. Interim R. 27-13(e) (motion to seal shall request the least restrictive scope of sealing and be limited in scope only to specific documents or portions of documents that merit sealing). The Clerk shall strike petitioners appendix (Docket Entry No. [ # 1 ], Document 3) in support of the petition for permission to appeal. Within 21 days after the date of this order, petitioners shall submit two separate replacement appendicesone to be publicly filed, and a final one to be filed under seal, including the confidential documents sealed in whole or in part pursuant to the district courts protective orders. Cf. 9th Cir. Interim R. 27-13(c) (party shall submit documents to be sealed as a separate volume). Also, within 21 days, petitioners shall submit replacement versions of the petition for permission to appeal and proposed reply in support of the petition, with updated citations to the replacement appendices. Within 7 days after service of the replacement appendices, respondent shall file a replacement answer to the petition, with updated citations to the replacement appendices. Respondents motion (Docket Entry No. [ # 8 ], Document 1) to publicly file redacted versions of documents publicly filed as redacted in the district court is granted. The Clerk shall publicly file the redacted versions of documents attached as Exhibits G-L of the Declaration of Davis R. Dorey (Docket Entry No. [ # 8 ], Document 2). Given that respondent already has done so, petitioners need not submit redacted versions of the sealed documents, which were publicly filed as redacted in the district court. The court will address petitioners motion for leave to file a reply and will address the merits of the petition for permission to appeal following petitioners compliance with this order. (MOATT) [10376187] (Trierweiler, Nicole) [Entered: 03/29/2017 02:27 PM] |
| Filing 8 Filed (ECF) Respondent Ford Motor Company response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 12/21/2016. [10242582] [16-80184] (Edwards, Randall) [Entered: 12/21/2016 03:24 PM] |
| Filing 7 Filed (ECF) Petitioners Joe D'Aguanno, Michael Ervin, Deb Makowski, Thomas Mitchell, Jose Randy Rodriguez, Grif Rosser and Jennifer Whalen reply to answer to 23f petition. Date of service: 12/19/2016. [10239346] [16-80184] (Berman, Steve) [Entered: 12/19/2016 08:13 PM] |
| Filing 6 Filed (ECF) Petitioners Joe D'Aguanno, Michael Ervin, Deb Makowski, Thomas Mitchell, Jose Randy Rodriguez, Grif Rosser and Jennifer Whalen Motion for miscellaneous relief [Motion for leave to file a reply in support of petition for permission to appeal pursuant to Rule 23(f)]. Date of service: 12/19/2016. [10239345] [16-80184] (Berman, Steve) [Entered: 12/19/2016 08:11 PM] |
| Filing 5 Filed (ECF) Respondent Ford Motor Company answer to 23f petition. Date of service: 12/16/2016. [10237569] [16-80184] (Edwards, Randall) [Entered: 12/16/2016 04:50 PM] |
| Filing 4 Added attorney David Dorey for Ford Motor Company, in case 16-80184. [10236872] (Turcios, Margoth) [Entered: 12/16/2016 02:07 PM] |
| Filing 3 Filed (ECF) notice of appearance of David R. Dorey for Respondent Ford Motor Company. Date of service: 12/16/2016. [10236714] [16-80184] (Dorey, David) [Entered: 12/16/2016 01:07 PM] |
| Filing 2 Filed (ECF) Petitioners Joe D'Aguanno, Michael Ervin, Deb Makowski, Thomas Mitchell, Jose Randy Rodriguez, Grif Rosser and Jennifer Whalen Motion for miscellaneous relief [Motion to Maintain Documents Under Seal]. Date of service: 12/07/2016. [10223682] [16-80184] (Berman, Steve) [Entered: 12/07/2016 12:16 PM] |
| Filing 1 FILED ON 12/06/2016 PETITION FOR PERMISSION TO APPEAL PURSUANT TO RULE 23(f) AND UNDER SEAL APPEANDIX . SERVED ON 12/06/2016. [10223081]--[Edited 12/07/2016 by BY]--[Edited: appendix stricken per order [ # 9 ]. 03/29/2017 by SLM] (BY) [Entered: 12/07/2016 07:35 AM] |
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