Pacific Coast Horseshoeing, et al v. Kimberly Kirchmeyer, et al
| MARK A. LEMLEY, Esquire, Professor, THE UC BERKELEY CENTER FOR CONSUMER LAW & ECONOMIC JUSTICE, RODNEY SMOLLA, Professor, THE PROJECT ON PREDATORY STUDENT LENDING, DAVID BERNSTEIN, Professor, CONSUMERS UNION, EUGENE VOLOKH, Professor, CLAY CALVERT, Professor, HOUSING AND ECONOMIC RIGHTS ADVOCATES and JANE BAMBAUER, Professor |
| PACIFIC COAST HORSESHOEING SCHOOL, INC., BOB SMITH and ESTEBAN NAREZ |
| KIMBERLY KIRCHMEYER, in her Official Capacity as Director of Consumer Affairs, MICHAEL MARION, in his Official Capacity as Chief of the Bureau for Private and Postsecondary Education and DEAN GRAFILO, in his Official Capacity as Director of Consumer Affairs |
| 18-15840 |
| May 9, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 50 MANDATE ISSUED.(MJM, JSB and NRS) [11740785] (JFF) [Entered: 07/02/2020 10:32 AM] |
| Filing 49 FILED OPINION (MICHAEL J. MELLOY, JAY S. BYBEE and N. RANDY SMITH) REVERSED AND REMANDED. Judge: JSB Authoring. FILED AND ENTERED JUDGMENT. [11716926] (AKM) [Entered: 06/10/2020 08:33 AM] |
| Filing 48 Filed (ECF) Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith citation of supplemental authorities. Date of service: 04/13/2020. [11659488] [18-15840] (Avelar, Paul) [Entered: 04/13/2020 03:27 PM] |
| Filing 47 Filed (ECF) Appellees Kimberly Kirchmeyer and Michael Marion citation of supplemental authorities. Date of service: 01/15/2020. [11563972] [18-15840] (Li, Peiyin) [Entered: 01/15/2020 04:00 PM] |
| Filing 46 Appellee Dean Grafilo in 18-15840 substituted by Appellee Kimberly Kirchmeyer in 18-15840 [11479775] (JFF) [Entered: 10/28/2019 11:55 AM] |
| Filing 45 Filed (ECF) Appellees Dean Grafilo and Michael Marion Correspondence: Letter. Date of service: 10/28/2019 [11479718] [18-15840] (Li, Peiyin) [Entered: 10/28/2019 11:33 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/ [11478385] (DO) [Entered: 10/25/2019 02:02 PM] |
| Filing 43 ARGUED AND SUBMITTED TO MICHAEL J. MELLOY, JAY S. BYBEE and N. RANDY SMITH. [11476318] (WWP) [Entered: 10/24/2019 12:05 PM] |
| Filing 42 Filed (ECF) Appellees Michael Marion and Dean Grafilo citation of supplemental authorities. Date of service: 10/09/2019. [11459853] [18-15840] (Li, Peiyin) [Entered: 10/09/2019 03:25 PM] |
| Filing 41 Filed (ECF) Appellants Pacific Coast Horseshoeing School, Inc., Bob Smith and Esteban Narez citation of supplemental authorities. Date of service: 10/04/2019. [11455219] [18-15840] (Avelar, Paul) [Entered: 10/04/2019 04:37 PM] |
| Filing 40 Filed (ECF) Acknowledgment of hearing notice by Attorney Peiyin Patty Li for Appellees Dean Grafilo and Michael Marion. Hearing in San Francisco on 10/24/2019 at 09:00 A.M. (Courtroom: 1). 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: 09/27/2019. [11447001] [18-15840] (Li, Peiyin) [Entered: 09/27/2019 03:45 PM] |
| Filing 39 Filed (ECF) Appellees Dean Grafilo and Michael Marion Correspondence: Letter to Molly C. Dwyer, Clerk of the Court. Date of service: 09/16/2019 [11432538] [18-15840] (Li, Peiyin) [Entered: 09/16/2019 11:53 AM] |
| Filing 38 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Paul Vincent Avelar for Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith. Hearing in San Francisco on 10/24/2019 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/10/2019. [11427233] [18-15840] (Avelar, Paul) [Entered: 09/10/2019 03:17 PM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice by Attorney Eugene Volokh for Amici Curiae Jane Bambauer, David Bernstein, Clay Calvert, Mr. Mark A. Lemley, Esquire, Rodney Smolla and Eugene Volokh. Hearing in San Francisco on 10/24/2019 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: Yes. (Argument minutes: 5.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/10/2019. [11427112] [18-15840] (Volokh, Eugene) [Entered: 09/10/2019 02:44 PM] |
| Filing 36 Notice of Oral Argument on Thursday, October 24, 2019 - 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). 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 Thursday, October 24, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11426834][Array,18-15840] (AW) [Entered: 09/10/2019 01:09 PM] |
| Filing 35 Filed clerk order (Deputy Clerk: WL): The motion of amici curiae for leave to participate in oral argument is GRANTED. Amici shall have five minutes ceded from appellants argument time. [11419129] (WL) [Entered: 09/03/2019 03:09 PM] |
| Filing 34 Filed (ECF) Amici Curiae Eugene Volokh and Rodney Smolla Motion for miscellaneous relief [Motion of amici for leave to participate in oral argument.]. Date of service: 08/19/2019. [11401847] [18-15840] (Volokh, Eugene) [Entered: 08/19/2019 11:53 AM] |
| Filing 33 Notice of Oral Argument on Thursday, October 24, 2019 - 09:00 A.M. - Courtroom 2 - 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 Thursday, October 24, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11393446][Array,18-15840] (AW) [Entered: 08/11/2019 06:16 AM] |
| Filing 32 Filed (ECF) Attorney Peiyin Patty Li for Appellees Dean Grafilo and Michael Marion response to notice for case being considered for oral argument. Date of service: 06/12/2019. [11327801] [18-15840] (Li, Peiyin) [Entered: 06/12/2019 08:52 AM] |
| Filing 31 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for October 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).[11327545] (AW) [Entered: 06/11/2019 04:41 PM] |
| Filing 30 Filed (ECF) Appellees Dean Grafilo and Michael Marion citation of supplemental authorities. Date of service: 05/08/2019. [11291085] [18-15840] (Li, Peiyin) [Entered: 05/08/2019 02:58 PM] |
| Filing 29 Filed (ECF) Appellants Pacific Coast Horseshoeing School, Inc., Esteban Narez and Bob Smith citation of supplemental authorities. Date of service: 04/30/2019. [11282746] [18-15840] (Diggs, Keith) [Entered: 04/30/2019 05:33 PM] |
| Filing 28 Received 7 paper copies of Reply Brief [ # 26 ] filed by appellants. [11070131] (DB) [Entered: 11/02/2018 12:03 PM] |
| Filing 27 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. [11066456] (SML) [Entered: 10/30/2018 03:42 PM] |
| Filing 26 Submitted (ECF) Reply Brief for review. Submitted by Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith. Date of service: 10/30/2018. [11066208] [18-15840] (Diggs, Keith) [Entered: 10/30/2018 02:15 PM] |
| Filing 25 Received 7 paper copies of Amicus Brief [ # 22 ] filed by Consumers Union, Housing and Economic Rights Advocates, The Project on Predatory Student Lending and The UC Berkeley Center for Consumer Law & Economic Justice. [11058916] (DB) [Entered: 10/24/2018 02:58 PM] |
| Filing 24 Filed clerk order: The amicus brief [ # 22 ] submitted by Consumers Union, Housing and Economic Rights Advocates, The Project on Predatory Student Lending and The UC Berkeley Center for Consumer Law & Economic Justice 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: green. 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. [11050848] (SML) [Entered: 10/17/2018 03:57 PM] |
| Filing 23 Entered appearance of Amici Curiae Housing and Economic Rights Advocates, Consumers Union, The Project on Predatory Student Lending and The UC Berkeley Center for Consumer Law & Economic Justice. [11050845] (SML) [Entered: 10/17/2018 03:56 PM] |
| Filing 22 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by HOUSING AND ECONOMIC RIGHTS ADVOCATES, CONSUMERS UNION, THE PROJECT ON PREDATORY STUDENT LENDING, AND THE UC BERKELEY CENTER FOR CONSUMER LAW AND ECONOMIC JUSTICE. Date of service: 10/16/2018. [11049450] [18-15840] (Mermin, Seth) [Entered: 10/16/2018 05:08 PM] |
| Filing 21 Received 7 paper copies of Answering Brief [ # 19 ] filed by Dean Grafilo and Michael Marion. [11044602] (RG) [Entered: 10/12/2018 09:57 AM] |
| Filing 20 Filed clerk order: The answering brief [ # 19 ] submitted by Dean Grafilo and Michael Marion 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. [11041093] (SML) [Entered: 10/10/2018 11:47 AM] |
| Filing 19 Submitted (ECF) Answering Brief for review. Submitted by Appellees Michael Marion and Dean Grafilo. Date of service: 10/09/2018. [11039764] [18-15840] (Li, Peiyin) [Entered: 10/09/2018 03:46 PM] |
| Filing 18 Streamlined request [17] by Appellees Dean Grafilo and Michael Marion to extend time to file the brief is approved. Amended briefing schedule: Appellees Dean Grafilo and Michael Marion answering brief due 10/09/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10990884] (BG) [Entered: 08/27/2018 02:02 PM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Dean Grafilo and Michael Marion. New requested due date is 10/09/2018. [10990699] [18-15840] (Li, Peiyin) [Entered: 08/27/2018 01:12 PM] |
| Filing 16 Received 7 paper copies of Amicus Brief [ # 13 ] filed by Jane Bambauer, David Bernstein, Clay Calvert, Mr. Mark A. Lemley, Esquire, Rodney Smolla and Eugene Volokh. [10984419] (DB) [Entered: 08/21/2018 03:07 PM] |
| Filing 15 Filed clerk order: The amicus brief [ # 13 ] submitted by Jane Bambauer, David Bernstein, Clay Calvert, Mr. Mark A. Lemley, Esquire, Rodney Smolla and Eugene Volokh 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: green. 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. [10978003] (SML) [Entered: 08/15/2018 01:54 PM] |
| Filing 14 Entered appearance of Amici Curiae Jane Bambauer, David Bernstein, Clay Calvert, Mark A. Lemley, Rodney Smolla and Eugene Volokh. [10978001] (SML) [Entered: 08/15/2018 01:53 PM] |
| Filing 13 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Profs. Jane Bambauer, David Bernstein, Clay Calvert, Mark Lemley, Rodney Smolla, and Eugene Volokh. Date of service: 08/15/2018. [10977136] [18-15840] (Volokh, Eugene) [Entered: 08/15/2018 07:13 AM] |
| Filing 12 Received 7 paper copies of Opening Brief [ # 9 ] filed by appellants. [10976312] (DB) [Entered: 08/14/2018 12:55 PM] |
| Filing 11 Filed 4 paper copies of excerpts of record [ # 8 ] in 1 volume(s) filed by Appellants. [10975981] (SML) [Entered: 08/14/2018 10:54 AM] |
| Filing 10 Filed clerk order: The opening brief [ # 9 ] 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 [ # 8 ] 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. [10970664] (SML) [Entered: 08/08/2018 02:28 PM] |
| Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith. Date of service: 08/08/2018. [10970642] [18-15840] (Diggs, Keith) [Entered: 08/08/2018 02:19 PM] |
| Filing 8 Submitted (ECF) excerpts of record. Submitted by Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith. Date of service: 08/08/2018. [10970483] [18-15840] (Diggs, Keith) [Entered: 08/08/2018 01:28 PM] |
| Filing 7 Streamlined request [6] by Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith to extend time to file the brief is approved. Amended briefing schedule: Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith opening brief due 08/08/2018. Appellees Dean Grafilo and Michael Marion answering brief due 09/07/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10915995] (BG) [Entered: 06/20/2018 02:16 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith. New requested due date is 08/08/2018. [10915962] [18-15840] (Diggs, Keith) [Entered: 06/20/2018 02:03 PM] |
| Filing 5 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerk's office. [10882157] (BLS) [Entered: 05/22/2018 04:35 PM] |
| Filing 4 Filed (ECF) Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith Correspondence: This is a certificate that no transcript will be ordered, required by Fed. R. App. P. 10(b)(1)(B).. Date of service: 05/22/2018 [10882066] [18-15840] (Diggs, Keith) [Entered: 05/22/2018 04:11 PM] |
| Filing 3 Filed (ECF) Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith Mediation Questionnaire. Date of service: 05/16/2018. [10874637] [18-15840] (Diggs, Keith) [Entered: 05/16/2018 01:25 PM] |
| Filing 2 Filed (ECF) Appellees Dean Grafilo and Michael Marion Mediation Questionnaire. Date of service: 05/16/2018. [10874275] [18-15840] (Li, Peiyin) [Entered: 05/16/2018 10:54 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 05/16/2018. Appellants Esteban Narez, Pacific Coast Horseshoeing School, Inc. and Bob Smith opening brief due 07/09/2018. Appellees Dean Grafilo and Michael Marion answering brief due 08/06/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10867195] (JBS) [Entered: 05/09/2018 02:15 PM] |
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