Olga Gorbacheva v. Abbott Laboratories EDP, et al
| OLGA GORBACHEVA |
| ABBOTT LABORATORIES EXTENDED DISABILITY PLAN, ABBOTT LABORATORIES ANNUITY RETIREMENT PLAN, ABBOTT LABORATORIES RETIREE HEALTH CARE PLAN, ABBOTT LABORATORIES INC. and JAMES SIPES |
| 18-15400 |
| March 12, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Employee Retirement |
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| Filing 49 MANDATE ISSUED.(WAF, MJB and BSB) [11571188] [18-15400, 18-16178] (CW) [Entered: 01/23/2020 06:43 AM] |
| Filing 48 Filed order (WILLIAM A. FLETCHER, MARK J. BENNETT and BRIDGET S. BADE): 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 of the court has requested a vote on the petition for rehearing en banc. Fed. R. App. P. 35(b). The petition for rehearing and the petition for rehearing en banc are denied. [11562849] [18-15400, 18-16178] (AF) [Entered: 01/15/2020 09:27 AM] |
| Filing 47 Filed (ECF) Appellant Olga Gorbacheva in 18-15400, Appellee Olga Gorbacheva in 18-16178 petition for panel rehearing and petition for rehearing en banc (from 12/10/2019 memorandum). Date of service: 12/23/2019. [11542443] [18-15400, 18-16178] --[COURT UPDATE: Attached corrected petition. 12/23/2019 by TYL] (Keenley, James) [Entered: 12/23/2019 02:29 PM] |
| Filing 46 Filed clerk order (Deputy Clerk: MM): At the direction of the Court, the parties shall bear their own costs. [11526758] [18-15400, 18-16178] (MM) [Entered: 12/10/2019 09:17 AM] |
| Filing 45 FILED MEMORANDUM DISPOSITION (WILLIAM A. FLETCHER, MARK J. BENNETT and BRIDGET S. BADE) AFFIRMED in part and REVERSED and REMANDED in part. FILED AND ENTERED JUDGMENT. [11526756] [18-15400, 18-16178] (MM) [Entered: 12/10/2019 09:16 AM] |
| Filing 44 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/ [11496682] [18-15400, 18-16178] (BJK) [Entered: 11/12/2019 04:25 PM] |
| Filing 43 ARGUED AND SUBMITTED TO WILLIAM A. FLETCHER, MARK J. BENNETT and BRIDGET S. BADE. [11496217] [18-15400, 18-16178] (SME) [Entered: 11/12/2019 02:10 PM] |
| Filing 42 Filed (ECF) Acknowledgment of hearing notice by Attorney James P. Keenley for Appellant Olga Gorbacheva in 18-15400, Attorney James P. Keenley for Appellee Olga Gorbacheva in 18-16178. Hearing in San Francisco on 11/12/2019 at 09:00 A.M. (Courtroom: Courtroom 3, 3rd Floor Rm 307). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/03/2019. [11418737] [18-15400, 18-16178] (Keenley, James) [Entered: 09/03/2019 01:21 PM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Joseph James Torres for Appellees Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-15400, Attorney Mr. Joseph James Torres for Appellants Abbott Laboratories Extended Disability Plan, Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Retiree Health Care Plan, Abbott Laboratories Inc. and James Sipes in 18-16178. Hearing in San Francisco on 11/12/2019 at 09:00 A.M. (Courtroom: Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/03/2019. [11418586] [18-15400, 18-16178] (Torres, Joseph) [Entered: 09/03/2019 12:21 PM] |
| Filing 40 Notice of Oral Argument on Tuesday, November 12, 2019 - 09:00 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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Tuesday, November 12, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11417752][Array,18-15400,18-16178] (AW) [Entered: 09/01/2019 06:13 AM] |
| Filing 39 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for December 2019 and the 2 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 file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. 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 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11401429][18-15400,18-16178] (AW) [Entered: 08/19/2019 10:11 AM] |
| Filing 38 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for November 2019 and the 2 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 file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. 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 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11374020][18-15400,18-16178] (AW) [Entered: 07/23/2019 03:21 PM] |
| Filing 37 Received 7 paper copies of cross-appeal reply brief [ # 35 ] filed by appellees/cross-appellants. [11346991] [18-15400, 18-16178] (SD) [Entered: 06/27/2019 01:14 PM] |
| Filing 36 Filed clerk order: The cross-appeal reply brief [ # 35 ] submitted by appellees/cross-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 submitted to the principal office of the Clerk. [11344583] [18-15400, 18-16178] (LA) [Entered: 06/25/2019 06:24 PM] |
| Filing 35 Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellees Abbott Laboratories Annuity Retirement Plan and Abbott Laboratories Inc. in 18-15400, Appellants Abbott Laboratories Extended Disability Plan, Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-16178. Date of service: 06/24/2019. [11342098] [18-15400, 18-16178]--[COURT UPDATE: Corrected brief type in docket text. 06/25/2019 by LA] (Torres, Joseph) [Entered: 06/24/2019 12:02 PM] |
| Filing 34 Streamlined request [33] by Appellees Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-15400, Appellants Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-16178 to extend time to file the brief is approved. Amended briefing schedule: the optional cross appeal reply brief is due 06/24/2019. [11290424] [18-15400, 18-16178] (DLM) [Entered: 05/08/2019 10:17 AM] |
| Filing 33 Filed (ECF) Streamlined request for extension of time to file Cross-Appeal Reply Brief by Appellees Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-15400, Appellants Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-16178. New requested due date is 06/21/2019. [11290253] [18-15400, 18-16178] (Torres, Joseph) [Entered: 05/08/2019 09:05 AM] |
| Filing 32 Received 7 paper copies of Third Brief on Cross-Appeal [ # 30 ] filed by Olga Gorbacheva. [11289375] [18-15400, 18-16178] (SD) [Entered: 05/07/2019 01:14 PM] |
| Filing 31 Filed clerk order: The third brief on cross-appeal [ # 30 ] submitted by Olga Gorbacheva 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: yellow. The paper copies shall be submitted to the principal office of the Clerk. [11287004] [18-15400, 18-16178] (SML) [Entered: 05/06/2019 09:29 AM] |
| Filing 30 Submitted (ECF) Third Brief on Cross-Appeal for review. Submitted by Appellant Olga Gorbacheva in 18-15400, Appellee Olga Gorbacheva in 18-16178. Date of service: 05/03/2019. [11286551] [18-15400, 18-16178] (Keenley, James) [Entered: 05/03/2019 03:43 PM] |
| Filing 29 Filed 4 paper copies of supplemental excerpts of record [ # 26 ] in 1 volume(s) filed by appellees/cross-appellants. [11253447] [18-15400, 18-16178] (LA) [Entered: 04/04/2019 03:01 PM] |
| Filing 28 Received 7 paper copies of Second Brief on Cross-Appeal [ # 25 ] filed by appellees/cross-appellants. [11252140] [18-15400, 18-16178] (SD) [Entered: 04/03/2019 03:27 PM] |
| Filing 27 Filed clerk order: The second brief on cross-appeal [ # 25 ] submitted by appellees/cross-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: red. The Court has reviewed the supplemental excerpts of record [ # 26 ] submitted by appellees/cross-appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11249600] [18-15400, 18-16178] (SML) [Entered: 04/02/2019 09:45 AM] |
| Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-15400. Date of service: 04/01/2019. [11249336] [18-15400, 18-16178] (Torres, Joseph) [Entered: 04/01/2019 09:50 PM] |
| Filing 25 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellees James Sipes, Abbott Laboratories Retiree Health Care Plan, Abbott Laboratories Inc., Abbott Laboratories Extended Disability Plan and Abbott Laboratories Annuity Retirement Plan in 18-15400. Date of service: 04/01/2019. [11249335] [18-15400, 18-16178] (Torres, Joseph) [Entered: 04/01/2019 09:38 PM] |
| Filing 24 Filed order MEDIATION (MAC): The remainder of the briefing schedule for these consolidated appeals is revised as follows: the answering/opening brief by Abbott Laboratories (Abbott) is due April 1, 2019; the answering/reply brief by Gorbacheva is due May 3, 2019; the optional reply brief by Abbott is due twenty one (21) days after service of the answering/reply brief. [11173899] [18-15400, 18-16178] (AF) [Entered: 01/31/2019 09:39 AM] |
| Filing 23 Received paper copies of First Brief on Cross-Appeal [ # 17 ] filed by Olga Gorbacheva. [11134361] [18-15400, 18-16178] (DB) [Entered: 12/27/2018 09:02 AM] |
| Filing 22 Filed 4 paper copies of excerpts of record [ # 18 ] in 33 volume(s) filed by Appellant/Cross-Appellee Olga Gorbacheva. [11132854] [18-15400, 18-16178] (LA) [Entered: 12/24/2018 03:10 PM] |
| Filing 21 Streamlined request [20] by Appellees Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-15400, Appellants Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-16178 to extend time to file the brief is approved. Amended briefing schedule: Second brief on cross appeal due 02/15/2019 for Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes. Third brief on cross appeal due 03/18/2019 for Olga Gorbacheva. The optional reply cross-appeal brief is due 21 days from the date of service of the third brief on cross-appeal. [11128378] [18-15400, 18-16178] (JN) [Entered: 12/20/2018 12:50 PM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Second Brief on Cross-Appeal by Appellees Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-15400, Appellants Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes in 18-16178. New requested due date is 02/15/2019. [11128363] [18-15400, 18-16178] (Torres, Joseph) [Entered: 12/20/2018 12:42 PM] |
| Filing 19 Filed clerk order: The first brief on cross-appeal [ # 17 ] submitted by Olga Gorbacheva 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 Court has reviewed the excerpts of record [ # 18 ] submitted by Olga Gorbacheva. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11124540] [18-15400, 18-16178] (LA) [Entered: 12/18/2018 01:33 PM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Olga Gorbacheva in 18-15400. Date of service: 12/17/2018. [11123522] [18-15400, 18-16178] (Keenley, James) [Entered: 12/17/2018 09:24 PM] |
| Filing 17 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Olga Gorbacheva in 18-15400. Date of service: 12/17/2018. [11123516] [18-15400, 18-16178]--[COURT UPDATE: Corrected brief type in docket text. 12/18/2018 by LA] (Keenley, James) [Entered: 12/17/2018 09:06 PM] |
| Filing 16 Streamlined request [15] by Appellant Olga Gorbacheva in 18-15400, Appellee Olga Gorbacheva in 18-16178 to extend time to file the brief is approved. Amended briefing schedule: First cross-appeal brief due 12/17/2018 for Olga Gorbacheva. Second brief on cross-appeal due 01/16/2019 for Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes. Third brief on cross-appeal due 02/15/2019 for Olga Gorbacheva. The optional reply cross-appeal brief is due 21 days from the date of service of the third brief on cross-appeal. [11074193] [18-15400, 18-16178] (JN) [Entered: 11/06/2018 04:10 PM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Olga Gorbacheva in 18-15400, Appellee Olga Gorbacheva in 18-16178. New requested due date is 12/14/2018. [11074151] [18-15400, 18-16178] (Keenley, James) [Entered: 11/06/2018 03:55 PM] |
| Filing 14 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding these appeals, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11068088] [18-15400, 18-16178] (BLS) [Entered: 10/31/2018 04:40 PM] |
| Filing 13 MEDIATION CONFERENCE RESCHEDULED - Further Conference, 10/26/2018, 1:30 p.m. Pacific Time. (originally scheduled on 10/16/2018 ). [11049380] [18-15400, 18-16178] (BLS) [Entered: 10/16/2018 04:44 PM] |
| Filing 12 MEDIATION CONFERENCE SCHEDULED - Further Conference w/ 18-16178, 10/16/2018, 9:30 a.m. Pacific Time. See order for details. [11037454] [18-15400, 18-16178] (BLS) [Entered: 10/05/2018 03:07 PM] |
| Filing 11 Filed order MEDIATION (MAC): These appeals are consolidated. These consolidated appeals will be briefed as cross-appeals on the following schedule: the opening brief by Gorbacheva is due November 16, 2018; the answering/opening brief by Abbott Laboratories (Abbott) is due December 17, 2018; the answering/reply brief by Gorbacheva is due January 16, 2019; the optional reply brief by Abbott is due February 15, 2019. [10970909] [18-15400, 18-16178] (WL) [Entered: 08/08/2018 04:11 PM] |
| Filing 10 MEDIATION CONFERENCE SCHEDULED - Further Conference w/ 18-16178, 08/13/2018, 11:00 a.m. Pacific Time. See order for details. [10967771] [18-15400, 18-16178] (BLS) [Entered: 08/06/2018 03:17 PM] |
| Filing 9 Terminated Emily Claire Schuman for James Sipes, Abbott Laboratories Retiree Health Care Plan, Abbott Laboratories Inc., Abbott Laboratories Extended Disability Plan and Abbott Laboratories Annuity Retirement Plan in 18-15400 (Due to incorrect ECF account information). [10958836] (SLM) [Entered: 07/30/2018 10:01 AM] |
| Filing 8 Filed order MEDIATION (MAC): By July 13, 2018, counsel for appellant shall serve by email on appellees counsel, with a copy to the Circuit Mediator, the information discussed during the June 25, 2018, conference call. The court will initiate a further conference by telephone on July 27, 2018, at 12:00 p.m. Pacific Time. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further discussions prior to the next scheduled conference. [10921174] (AF) [Entered: 06/25/2018 03:00 PM] |
| Filing 7 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 06/25/2018, 09:30 a.m. Pacific Time. (originally scheduled on 06/25/2018 at 1:00 p.m. PST). [10917604] (MS) [Entered: 06/21/2018 01:52 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - Further Conference, 06/25/2018, 1:00 p.m. Pacific Time. See order for details. [10912778] (CL) [Entered: 06/18/2018 03:06 PM] |
| Filing 5 Filed order MEDIATION (MAC): Counsel for appellant shall notify the Circuit Mediator by email, with a copy served on counsel for appellee, when the district court files a disposition of the pending motions for attorneys fees and costs. The briefing schedule previously set by the court is vacated. [10840037] (AF) [Entered: 04/17/2018 01:44 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 04/11/2018, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [10816372] (BLS) [Entered: 03/28/2018 02:31 PM] |
| Filing 3 Filed (ECF) Appellant Olga Gorbacheva Mediation Questionnaire. Date of service: 03/20/2018. [10805941] [18-15400] (Keenley, James) [Entered: 03/20/2018 02:35 PM] |
| Filing 2 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire...dismiss the appeal voluntarily... or show cause in writing why this appeal should not be dismissed. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [10804732] (LW) [Entered: 03/20/2018 08:42 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/19/2018. Transcript ordered by 04/10/2018. Transcript due 05/10/2018. Appellant Olga Gorbacheva opening brief due 06/19/2018. Appellees Abbott Laboratories Annuity Retirement Plan, Abbott Laboratories Extended Disability Plan, Abbott Laboratories Inc., Abbott Laboratories Retiree Health Care Plan and James Sipes answering brief due 07/19/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10794289] (JBS) [Entered: 03/12/2018 10:43 AM] |
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