Sofie Karasek, et al v. University of California
| ARYLE BUTLER, SOFIE KARASEK and NICOLETTA COMMINS |
| REGENTS OF THE UNIVERSITY OF CALIFORNIA |
| 18-15841 |
| May 9, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on April 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 55 MANDATE ISSUED.(JSB, NRS and SM) [11673897] (JFF) [Entered: 04/28/2020 09:23 AM] |
| Filing 54 Filed order and amended opinion (JAY S. BYBEE, N. RANDY SMITH and SALVADOR MENDOZA, JR.). The courts opinion filed January 30, 2020, and appearing at 948 F.3d 1150 (9th Cir. 2020), is hereby amended in the following ways: (SEE ORDER FOR FULL TEXT). An amended opinion is filed herewith. With this amended opinion, the panel has voted to deny the petition for panel rehearing. Judge Bybee, Judge N.R. Smith, and Judge Mendoza recommended denying the petition for rehearing en banc. 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 rehearing and the petition for rehearing en banc, filed March 13, 2020, are DENIED. No subsequent petitions for rehearing or rehearing en banc may be filed. [11665429] (AKM) [Entered: 04/20/2020 09:28 AM] |
| Filing 53 Filed (ECF) Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek Motionfor miscellaneousrelief [Motion to file corrected response to petition for rehearing or rehearing en banc]. Date of service: 04/17/2020. [11665035] [18-15841]--[COURT UPDATE: Updated docket text to reflect content of filing. 04/20/2020 by SLM] --[COURT UPDATE: No Action Necessary, PFR/EB was denied at [ # 54 ] 04/20/2020 by SVG] (Zalkin, Alexander) [Entered: 04/17/2020 05:08 PM] |
| Filing 52 Filed (ECF) Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek response to petition for panel rehearing and petition for rehearing en banc. Date of service: 04/08/2020. [11655869]. [18-15841]--[COURT UPDATE: Updated docket text to reflect content of filing. 04/09/2020 by SLM] (Zalkin, Alexander) [Entered: 04/08/2020 05:38 PM] |
| Filing 51 Filed order (JAY S. BYBEE, N. RANDY SMITH and SALVADOR MENDOZA, JR.): Plaintiffs-Appellants are directed to file a response to Defendant-Appellees petition for rehearing and petition for rehearing en banc filed with this court on March 13, 2020. The response shall not exceed fifteen pages or 4,200 words, and it shall be filed within twenty-one (21) days of the filed date of this order. Parties who are registered for Appellate ECF must file the brief electronically without submission of paper copies. Parties who are not registered Appellate ECF filers must file the original response. [11634462] (AF) [Entered: 03/18/2020 03:35 PM] |
| Filing 50 Filed (ECF) Appellee Regents of the University of California petition for panel rehearing and petition for rehearing en banc (from 01/30/2020 opinion). Date of service: 03/13/2020. [11628944] [18-15841] (Chen, Hailyn) [Entered: 03/13/2020 09:53 AM] |
| Filing 49 Terminated Karen J. Petrulakis for Regents of the University of California in 18-15841 (due to incorrect ECF contact information). [11609312] (RY) [Entered: 02/26/2020 09:55 AM] |
| Filing 48 Filed order (JAY S. BYBEE, N. RANDY SMITH and SALVADOR MENDOZA, JR.) Defendant-Appellees motion for an extension of time in which to file a petition for rehearing and rehearing en banc, filed February 7, 2020, is hereby GRANTED. The petition for rehearing shall be filed with the court on or before Friday, March 13, 2020. Parties who are registered for ECF must file the petition electronically without submission of paper copies. Parties who are not registered ECF filers must file the original petition plus 50 paper copies. [11590378] (HH) [Entered: 02/07/2020 04:55 PM] |
| Filing 47 Filed (ECF) Appellee Regents of the University of California Motion to extend time to file petition for rehearing until 03/13/2020. Date of service: 02/07/2020. [11589951] [18-15841] (Chen, Hailyn) [Entered: 02/07/2020 02:08 PM] |
| Filing 46 FILED OPINION (JAY S. BYBEE, N. RANDY SMITH and SALVADOR MENDOZA, JR.) AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Each party shall bear its own costs on appeal. Judge: JSB Authoring. FILED AND ENTERED JUDGMENT. [11579091]--[Edited 03/25/2020 (attached corrected PDF - corrections made) by AKM] (AKM) [Entered: 01/30/2020 08:11 AM] |
| Filing 45 Filed (ECF) Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek citation of supplemental authorities. Date of service: 12/16/2019. [11534127] [18-15841] --[COURT UPDATE: Attached searchable version of citation. 12/16/2019 by TYL] (Zalkin, Alexander) [Entered: 12/16/2019 03:56 PM] |
| Filing 44 Filed (ECF) Appellee Regents of the University of California citation of supplemental authorities. Date of service: 12/16/2019. [11532937] [18-15841] (Chen, Hailyn) [Entered: 12/16/2019 09:45 AM] |
| Filing 43 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/ [11473251] (DO) [Entered: 10/22/2019 01:45 PM] |
| Filing 42 ARGUED AND SUBMITTED TO JAY S. BYBEE, N. RANDY SMITH and SALVADOR MENDOZA, JR.. [11471182] (BJK) [Entered: 10/21/2019 11:55 AM] |
| Filing 41 Filed (ECF) Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek citation of supplemental authorities. Date of service: 10/18/2019. [11469867] [18-15841] (Zalkin, Alexander) [Entered: 10/18/2019 02:08 PM] |
| Filing 40 Filed (ECF) Acknowledgment of hearing notice by Attorney Alexander Solomon Zalkin for Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek. Hearing in San Francisco on 10/21/2019 at 09:00 A.M. (Courtroom: courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/03/2019. [11452730] [18-15841] (Zalkin, Alexander) [Entered: 10/03/2019 10:49 AM] |
| Filing 39 Filed (ECF) Acknowledgment of hearing notice by Attorney Irwin Myron Zalkin, Esquire for Appellant Aryle Butler. Hearing in San Francisco on 10/21/2019 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/27/2019. [11446398] [18-15841] (Zalkin, Irwin) [Entered: 09/27/2019 01:18 PM] |
| Filing 38 Added Attorney(s) Irwin Myron Zalkin for party(s) Appellant Aryle Butler, in case 18-15841. [11445217] (JFF) [Entered: 09/26/2019 03:11 PM] |
| Filing 37 Filed (ECF) notice of appearance of Irwin Myron Zalkin (The Zalkin Law Firm, P.C. 12555 High Bluff Drive, Suite 301 San Diego, CA 92130) for Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek. Date of service: 09/26/2019. (Party previously proceeding without counsel: No) [11445205] [18-15841] (Zalkin, Irwin) [Entered: 09/26/2019 03:08 PM] |
| Filing 36 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Hailyn Jennifer Chen for Appellee Regents of the University of California. Hearing in San Francisco on 10/21/2019 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/11/2019. [11428046] [18-15841] (Chen, Hailyn) [Entered: 09/11/2019 10:52 AM] |
| Filing 35 Notice of Oral Argument on Monday, October 21, 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 Monday, October 21, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11426833][Array,18-15841] (AW) [Entered: 09/10/2019 01:09 PM] |
| Filing 34 Notice of Oral Argument on Monday, October 21, 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 Monday, October 21, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11393412][Array,18-15841] (AW) [Entered: 08/11/2019 06:14 AM] |
| Filing 33 Terminated Susan Pelletier for Regents of the University of California. [11340319] (RL) [Entered: 06/21/2019 10:17 AM] |
| Filing 32 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Susan Pelletier for Appellee Regents of the University of California. Party proceeding without counsel: No. Date of service: 06/21/2019. [11340030] [18-15841] (Pelletier, Susan) [Entered: 06/21/2019 07:59 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).[11327596] (AW) [Entered: 06/11/2019 04:52 PM] |
| Filing 30 Received 7 paper copies of Reply Brief [ # 28 ] filed by appellants. [11187890] (DB) [Entered: 02/12/2019 03:56 PM] |
| Filing 29 Filed clerk order: The reply brief [ # 28 ] 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 submitted to the principal office of the Clerk. [11182881] (SML) [Entered: 02/07/2019 02:33 PM] |
| Filing 28 Submitted (ECF) Reply Brief for review. Submitted by Appellants Nicoletta Commins, Sofie Karasek and Aryle Butler. Date of service: 02/06/2019. [11181591] [18-15841] --[COURT UPDATE: Attached corrected brief. 2/7/2019 by TYL] (Zalkin, Alexander) [Entered: 02/06/2019 03:17 PM] |
| Filing 27 Streamlined request [26] by Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 02/06/2019. [11139409] (BG) [Entered: 01/02/2019 04:26 PM] |
| Filing 26 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek. New requested due date is 02/06/2019. [11139343] [18-15841] (Zalkin, Alexander) [Entered: 01/02/2019 04:04 PM] |
| Filing 25 Received 7 paper copies of Answering Brief [ # 21 ] filed by Regents of the University of California. [11136492] (DB) [Entered: 12/28/2018 07:29 PM] |
| Filing 24 Filed 4 paper copies of supplemental excerpts of record [ # 22 ] in 1 volume(s) filed by Appellee Regents of the University of California. [11128959] (SML) [Entered: 12/20/2018 03:19 PM] |
| Filing 23 Filed clerk order: The answering brief [ # 21 ] submitted by Regents of the University of California 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 [ # 22 ] submitted by Regents of the University of California. 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. [11123891] (SML) [Entered: 12/18/2018 10:04 AM] |
| Filing 22 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Regents of the University of California. Date of service: 12/17/2018. [11123430] [18-15841] (Pelletier, Susan) [Entered: 12/17/2018 06:30 PM] |
| Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellee Regents of the University of California. Date of service: 12/17/2018. [11123426] [18-15841] (Pelletier, Susan) [Entered: 12/17/2018 06:27 PM] |
| Filing 20 Received 7 paper copies of Opening Brief [ # 10 ] filed by appellants. [11093113] (DB) [Entered: 11/19/2018 02:42 PM] |
| Filing 19 Filed 4 paper copies of excerpts of record [ # 11 ], [17] in 10 volume(s) (Volume X UNDER SEAL) filed by Appellants. [11092946] (SML) [Entered: 11/19/2018 02:06 PM] |
| Filing 18 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 ], [17] 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. [11086730] (SML) [Entered: 11/14/2018 09:51 AM] |
| Filing 17 Submitted (ECF) UNDER SEAL excerpts of record Vol 10. Submitted by Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek. Date of service: 10/17/2018. (Court-entered filing, excerpts of record originally submitted in [12].) [11086705] (WL) [Entered: 11/14/2018 09:44 AM] |
| Filing 16 Filed order (Appellate Commissioner): The motion to file Volume X of appellants excerpts of record under seal (Docket Entry No. [12]), to which no opposition has been filed, is granted. The Clerk shall publicly file the opening brief submitted at Docket Entry No. [ # 10 ] and Volumes I through IX of the excerpts of record submitted at Docket Entry No. [ # 11 ]. The Clerk shall maintain Volume X of the excerpts of record filed at Docket Entry No. [12] under seal. The previously established briefing schedule remains in effect. (Sealed Documents) [11086685] (WL) [Entered: 11/14/2018 09:36 AM] |
| Filing 15 Filed Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek motion to file Volume X of appellants excerpts of record UNDER SEAL. Deficiencies: None. Served on 10/17/2018. (Cour-entered filing of motion submitted under seal at [12]) [11086669] (WL) [Entered: 11/14/2018 09:32 AM] |
| Filing 14 Streamlined request [13] by Appellee Regents of the University of California to extend time to file the brief is approved. Amended briefing schedule: Appellee Regents of the University of California answering brief due 12/17/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11050924] (BG) [Entered: 10/17/2018 04:17 PM] |
| Filing 13 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Regents of the University of California. New requested due date is 12/17/2018. [11050825] [18-15841] (Pelletier, Susan) [Entered: 10/17/2018 03:46 PM] |
| Filing 12 Filed (ECF) UNDER SEAL Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 10/17/2018. [11050347] [18-15841] (Zalkin, Alexander) [Entered: 10/17/2018 12:43 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek. Date of service: 10/17/2018. [11050342] [18-15841] (Zalkin, Alexander) [Entered: 10/17/2018 12:41 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek. Date of service: 10/17/2018. [11050330] [18-15841] (Zalkin, Alexander) [Entered: 10/17/2018 12:35 PM] |
| Filing 9 Attorney Jeslyn A. Everitt in 18-15841 substituted by Attorney Susan Pelletier in 18-15841 [11039580] (NAC) [Entered: 10/09/2018 03:00 PM] |
| Filing 8 Filed (ECF) notice of appearance of Susan Pelletier for Appellee Regents of the University of California. Date of service: 10/08/2018. [11038155] [18-15841]--[COURT UPDATE: Attached corrected notice of appearance. 10/09/2018 by SLM] (Pelletier, Susan) [Entered: 10/08/2018 12:29 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: GS): The appellants motion [ # 6 ] for an extension of time to file the opening brief is granted. The appellants request to seek an extension for the appellee, also included in the motion at Docket Entry NO. [ # 6 ], is denied. The appellants are reminded that if the appellee wishes to seek an extension of time to file the answering brief, then the appellee must file a motion for an extension of time to file the answering brief pursuant to Ninth Circuit Rule 31-2.2 (b). The opening brief is due October 17, 2018. The answering brief is due November 16, 2018. The optional reply brief is due within 21 days after service of the answering brief. [10989656] (GS) [Entered: 08/24/2018 05:08 PM] |
| Filing 6 Filed (ECF) Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek Motion to extend time to file Opening brief until 10/17/2018. Date of service: 08/24/2018. [10989241] [18-15841] (Zalkin, Alexander) [Entered: 08/24/2018 02:40 PM] |
| Filing 5 Streamlined request [4] by Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek to extend time to file the brief is approved. Amended briefing schedule: Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek opening brief due 09/17/2018. Appellee Regents of the University of California answering brief due 10/17/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10945734] (BG) [Entered: 07/17/2018 03:13 PM] |
| Filing 4 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Aryle Butler, Sofie Karasek and Nicoletta Commins. New requested due date is 09/17/2018. [10945656] [18-15841] (Zalkin, Alexander) [Entered: 07/17/2018 02:47 PM] |
| Filing 3 MEDIATION ORDER FILED: 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. [10887635] (CL) [Entered: 05/29/2018 11:41 AM] |
| Filing 2 Filed (ECF) Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek Mediation Questionnaire. Date of service: 05/16/2018. [10874311] [18-15841] (Zalkin, Alexander) [Entered: 05/16/2018 11:05 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. Transcript ordered by 06/08/2018. Transcript due 07/09/2018. Appellants Aryle Butler, Nicoletta Commins and Sofie Karasek opening brief due 08/17/2018. Appellee Regents of the University of California answering brief due 09/17/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10867283] (JBS) [Entered: 05/09/2018 02:42 PM] |
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