Praetorian Insurance Co. v. Marshaun Tate, et al
| A R BUSINESS GROUP, INC., DBA U.S. Tire & Wheel, FORD MOTOR COMPANY and BRIDGESTONE AMERICAS, INC. |
| PRAETORIAN INSURANCE CO. |
| MARSHAUN TATE, S.T., guardian ad litem Kenneth Tate, ELISEO QUINTERIO, Sr. and AIDA QUINTERO |
| 17-15303 |
| February 21, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Insurance |
Docket Report
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This docket was last retrieved on August 28, 2018. A more recent docket listing may be available from PACER.
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| Filing 46 MANDATE ISSUED.(MRM, RAP and SSI) Costs taxed against Appellee in the amount of $768.40. [10992115] (QDL) [Entered: 08/28/2018 09:11 AM] |
| Filing 45 Filed order (MICHAEL R. MURPHY, RICHARD A. PAEZ and SANDRA S. IKUTA) The panel has voted to deny the petition for rehearing. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. [10981602] (WL) [Entered: 08/20/2018 09:20 AM] |
| Filing 44 Filed (ECF) Appellee Praetorian Insurance Co. petition for panel rehearing and petition for rehearing en banc (from 07/10/2018 memorandum). Date of service: 07/24/2018. [10953482] [17-15303] (Selvin, Gary) [Entered: 07/24/2018 02:37 PM] |
| Filing 43 Filed (ECF) Appellants Eliseo Quinterio, Sr., Aida Quintero, S.T. and Marshaun Tate bill of costs (Form 10) in the amount of USD. Date of service: 07/24/2018 [10953403] [17-15303] (Barr, John) [Entered: 07/24/2018 02:07 PM] |
| Filing 42 FILED MEMORANDUM DISPOSITION (MICHAEL R. MURPHY, RICHARD A. PAEZ and SANDRA S. IKUTA) REVERSED AND REMANDED. FILED AND ENTERED JUDGMENT. [10936390] (MM) [Entered: 07/10/2018 09:55 AM] |
| Filing 41 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/ [10911112] (TG) [Entered: 06/15/2018 02:59 PM] |
| Filing 40 ARGUED AND SUBMITTED TO Judges MICHAEL R. MURPHY, RICHARD A. PAEZ and SANDRA S. IKUTA. [10910494] (AT) [Entered: 06/15/2018 10:56 AM] |
| Filing 39 Filed (ECF) Appellee Praetorian Insurance Co. Correspondence: Joint Submission Re: Bankruptcy Questions Raised by Panel. Date of service: 06/14/2018 [10909549] [17-15303] (Selvin, Gary) [Entered: 06/14/2018 03:05 PM] |
| Filing 38 Filed order (MICHAEL R. MURPHY, RICHARD A. PAEZ and SANDRA S. IKUTA) At oral argument, the parties should be prepared to discuss the following issues: 1) What impact, if any, does U.S. Tire & Wheels (USTW) bankruptcy have on this case? 2) What is the status of the automatic stay in USTWs bankruptcy proceedings? 3) Did USTW assign its right to be defended by Appellee Praetorian Insurance Co. to Appellant Tate? 4) Is USTW an indispensable party in this case? [10903177] (WL) [Entered: 06/11/2018 08:55 AM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Paul Joseph O'Rourke, Jr., Esquire for Appellants Eliseo Quinterio, Sr., Aida Quintero and Marshaun Tate. [10826092] [17-15303] (O'Rourke, Paul) [Entered: 04/05/2018 02:10 PM] |
| Filing 36 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 37 ]. Original Text: Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. John D. Barr, Esquire for Appellants Eliseo Quinterio, Sr., Aida Quintero, S.T. and Marshaun Tate. [10825516] [17-15303] (Barr, John) [Entered: 04/05/2018 10:20 AM] |
| Filing 35 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Gary Robert Selvin, Esquire for Appellee Praetorian Insurance Co.. [10824856] [17-15303] (Selvin, Gary) [Entered: 04/04/2018 03:59 PM] |
| Filing 34 Notice of Oral Argument on Friday, June 15, 2018 - 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. [10824600] (AKM) [Entered: 04/04/2018 02:53 PM] |
| Filing 33 Filed (ECF) Appellants Eliseo Quinterio, Sr., Aida Quintero, S.T. and Marshaun Tate Correspondence: Appellants Availability for Oral Argument Per Order of February 20 2018 Docket No 31. Date of service: 02/22/2018 [10773586] [17-15303] (Barr, John) [Entered: 02/22/2018 01:28 PM] |
| Filing 32 Filed (ECF) Appellee Praetorian Insurance Co. Correspondence: regarding availability for oral argument. Date of service: 02/22/2018 [10773447] [17-15303] (Selvin, Gary) [Entered: 02/22/2018 12:42 PM] |
| Filing 31 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for June 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10770482] (AW) [Entered: 02/20/2018 06:03 PM] |
| Filing 30 Filed (ECF) Appellants Marshaun Tate and S.T. Correspondence: Letter Re Availability of Counsel for Oral Argument. Date of service: 01/05/2018 [10714092] [17-15303] (Barr, John) [Entered: 01/05/2018 09:46 AM] |
| Filing 29 Filed (ECF) Appellee Praetorian Insurance Co. Correspondence: regarding availability for oral argument. Date of service: 01/04/2018 [10713351] [17-15303] (Selvin, Gary) [Entered: 01/04/2018 02:59 PM] |
| Filing 28 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for April 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10703892] (AW) [Entered: 12/26/2017 05:02 PM] |
| Filing 27 Filed (ECF) Appellee Praetorian Insurance Co. Correspondence: regarding availability for oral argument. Date of service: 12/14/2017 [10690998] [17-15303] (Selvin, Gary) [Entered: 12/14/2017 01:46 PM] |
| Filing 26 Filed (ECF) Appellants Marshaun Tate, Eliseo Quinterio, Sr., Aida Quintero and S.T. Correspondence: Defendants-Appellants' Availability for Oral Argument. Date of service: 12/12/2017 [10688104] [17-15303] (Barr, John) [Entered: 12/12/2017 02:52 PM] |
| Filing 25 This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for March 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court immediately , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter immediately , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation). [10683251] (KS) [Entered: 12/07/2017 04:47 PM] |
| Filing 24 Received 7 paper copies of Reply Brief [ # 22 ] filed by appellants. [10633018] (SD) [Entered: 10/26/2017 02:28 PM] |
| Filing 23 Filed clerk order: The reply brief [ # 22 ] 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. [10628490] (LA) [Entered: 10/23/2017 04:36 PM] |
| Filing 22 Submitted (ECF) Reply Brief for review. Submitted by Appellants Eliseo Quinterio, Sr., Aida Quintero, S.T. and Marshaun Tate. Date of service: 10/20/2017. [10625347] [17-15303]--[COURT UPDATE: Attached corrected PDF. 10/23/2017 by LA] (Barr, John) [Entered: 10/20/2017 10:45 AM] |
| Filing 21 Received 7 paper copies of Answering Brief [ # 19 ] filed by Praetorian Insurance Co.. [10606000] (SD) [Entered: 10/04/2017 02:06 PM] |
| Filing 20 Filed clerk order: The answering brief [ # 19 ] submitted by Praetorian Insurance Co. 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. [10599910] (KWG) [Entered: 09/29/2017 01:33 PM] |
| Filing 19 Submitted (ECF) Answering Brief for review. Submitted by Appellee Praetorian Insurance Co.. Date of service: 09/29/2017. [10599157] [17-15303] (Selvin, Gary) [Entered: 09/29/2017 09:26 AM] |
| Filing 18 Streamlined request [17] by Appellee Praetorian Insurance Co. to extend time to file the brief is approved. Amended briefing schedule: Appellee Praetorian Insurance Co. answering brief due 09/29/2017. The optional reply brief is due 21 days from the date of service of the answering brief. [10551990] (LW) [Entered: 08/21/2017 12:39 PM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Praetorian Insurance Co.. New requested due date is 09/29/2017. [10551454] [17-15303] (Korte, Robin) [Entered: 08/21/2017 09:26 AM] |
| Filing 16 ENTRY UPDATED: Filed 5 paper copies of excerpts of record [ # 11 ] in 7 volume(s) filed by Appellants. [10535656]--[Edited 08/07/2017 by SML to reflect correct number of copies] (SML) [Entered: 08/07/2017 02:29 PM] |
| Filing 15 Received 7 paper copies of Opening Brief [ # 10 ] filed by Eliseo Quinterio, Sr., et al.. [10535636] (SD) [Entered: 08/07/2017 02:23 PM] |
| Filing 14 Added attorney Robin Korte for Praetorian Insurance Co., in case 17-15303. [10529826] (CW) [Entered: 08/02/2017 07:10 AM] |
| Filing 13 Filed (ECF) notice of appearance of Robin D. Korte for Appellee Praetorian Insurance Co.. Date of service: 08/01/2017. [10529520] [17-15303] (Korte, Robin) [Entered: 08/01/2017 03:48 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] submitted by Eliseo Quinterio, Sr., 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: 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 Eliseo Quinterio, Sr., et al. 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. [10527983] (GV) [Entered: 07/31/2017 05:14 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants Eliseo Quinterio, Sr., Aida Quintero, S.T. and Marshaun Tate. Date of service: 07/31/2017. [10527554] [17-15303] (Barr, John) [Entered: 07/31/2017 02:56 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants Marshaun Tate, Eliseo Quinterio, Sr., Aida Quintero and S.T.. Date of service: 07/28/2017. [10525201] [17-15303] (Barr, John) [Entered: 07/28/2017 10:50 AM] |
| Filing 9 Added attorney Soren David Rosenthal for Aida Quintero Eliseo Quinterio Sr., in case 17-15303. [10523146] (CW) [Entered: 07/27/2017 08:44 AM] |
| Filing 8 Filed (ECF) notice of appearance of Soren David Rosenthal for Appellants Eliseo Quinterio, Sr. and Aida Quintero. Date of service: 07/27/2017. [10523144] [17-15303] (Rosenthal, Soren) [Entered: 07/27/2017 08:39 AM] |
| Filing 7 Streamlined request [6] by Appellant Marshaun Tate to extend time to file the brief is approved. Amended briefing schedule: Appellants Eliseo Quinterio Sr., Aida Quintero, S.T. and Marshaun Tate opening brief due 07/31/2017. Appellee Praetorian Insurance Co. answering brief due 08/30/2017. The optional reply brief is due 21 days from the date of service of the answering brief. [10464833] (LW) [Entered: 06/08/2017 12:21 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Marshaun Tate. New requested due date is 07/31/2017. [10464393] [17-15303] (Barr, John) [Entered: 06/08/2017 09:40 AM] |
| Filing 5 Filed order MEDIATION (PWS): This case is not selected for inclusion in the Mediation Program. The briefing schedule previously set by the court is amended as follows: appellants shall file an opening brief on or before June 30, 2017; appellee shall file an answering brief on or before July 31, 2017; appellants may file an optional reply brief within fourteen (14) days from the service date of the answering brief. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [10373186] (AF) [Entered: 03/27/2017 03:43 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 03/27/2017, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [10351019] (CL) [Entered: 03/09/2017 05:00 PM] |
| Filing 3 Filed (ECF) Appellant Marshaun Tate Mediation Questionnaire. Date of service: 02/23/2017. [10331189] [17-15303] (Barr, John) [Entered: 02/23/2017 02:49 PM] |
Filing 2
Received copy of District Court order filed on 02/22/2017 - ORDER signed by District Judge Morrison C. England, Jr. on 2/21/2017 ACCORDINGLY it is hereby ORDERED that the Clerk of the Court shall PERMANENTLY REMOVE and DELETE the unredacted version of Plaintiffs' Notice of Appeal. ECF No. [66]. [10330215] (CW) [Entered: 02/23/2017 08:52 AM]
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| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 02/28/2017. Appellants Eliseo Quinterio Sr., Aida Quintero, S.T. and Marshaun Tate opening brief due 05/30/2017. Appellee Praetorian Insurance Co. answering brief due 06/26/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. [10326291] (JBS) [Entered: 02/21/2017 10:42 AM] |
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