Brian Wilson, et al v. Tesla, Inc., et al
| TESLA, INC., a corporation, DBA Tesla Motors, Inc. and TESLA MOTORS, INC., a corporation |
| CARRIE HUGHES, KATIA SEGAL, on behalf of themselves and all others similarly situated and BRIAN WILSON |
| 19-16998 |
| October 9, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Fair Labor Standards Act |
Docket Report
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This docket was last retrieved on November 16, 2020. A more recent docket listing may be available from PACER.
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Filing 28
MANDATE ISSUED.(MMM, JHN and RHW) [11893382] (NAC) [Entered: 11/16/2020 07:15 AM]
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Filing 27
Sent document. A copy of order [ # 26 ] was sent to nonparty Igor Lukashin via U.S. Mail to: PO Box 5954, Bremerton, WA 98312. [11874072] (OC) [Entered: 10/28/2020 10:40 AM]
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Filing 26
Filed order (M. MARGARET MCKEOWN, JACQUELINE H. NGUYEN and ROBERT H. WHALEY) Nonparty Igor Lukashins request for publication (docket entry no. [ # 25 ]) is denied. [11873982] (OC) [Entered: 10/28/2020 09:58 AM]
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Filing 25
Filed non-party filer motion requesting publication of memorandum. Deficiencies: None. [11871642] (NAC) [Entered: 10/26/2020 01:23 PM]
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Filing 24
FILED MEMORANDUM DISPOSITION (M. MARGARET MCKEOWN, JACQUELINE H. NGUYEN and ROBERT H. WHALEY) AFFIRMED. FILED AND ENTERED JUDGMENT. [11869610] (MM) [Entered: 10/23/2020 09:50 AM]
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Filing 23
SUBMITTED ON THE BRIEFS TO M. MARGARET MCKEOWN, JACQUELINE H. NGUYEN and ROBERT H. WHALEY. [11858318] (ORW) [Entered: 10/14/2020 12:31 PM]
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Filing 22
Filed clerk order (Deputy Clerk: OC): The court is of the unanimous opinion that the facts and legal argument are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted on the briefs and record without oral argument on Wednesday, October 14, 2020, in San Francisco, California. Fed. R. App. P. 34(a)(2)(C). [11838553] (OC) [Entered: 09/28/2020 09:44 AM]
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Filing 21
Filed (ECF) Acknowledgment of hearing notice by Attorney Alisa Ann Martin, Esquire for Appellants Carrie Hughes, Katia Segal and Brian Wilson. Hearing in San Francisco on 10/14/2020 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/08/2020. [11816839] [19-16998] (Martin, Alisa) [Entered: 09/08/2020 08:24 PM]
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Filing 20
Notice of Oral Argument on Wednesday, October 14, 2020 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 Wednesday, October 14, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11774088]. [19-16998] (AW) [Entered: 08/02/2020 06:11 AM]
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Filing 19
Filed (ECF) Attorney Mr. Jack Steven Sholkoff for Appellees Tesla Motors, Inc. and Tesla, Inc. response to notice for case being considered for oral argument. Date of service: 06/23/2020. [11731160] [19-16998] (Sholkoff, Jack) [Entered: 06/23/2020 03:24 PM]
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Filing 18
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for October 2020 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 : Correspondence to Court; Subject : request for mediation).[11730229]. [19-16998] (AW) [Entered: 06/23/2020 09:01 AM]
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Filing 17
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for September 2020 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 : Correspondence to Court; Subject : request for mediation).[11704302]. [19-16998] (AW) [Entered: 05/28/2020 03:31 PM]
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Filing 16
Filed (ECF) Appellees Tesla Motors, Inc. and Tesla, Inc. Correspondence: Notification of Non-Filing of Answering Brief/The Court is notified that due to logistical issues related to the COVID-19 virus, Appellees are filing this Notification six days after the briefing due date of March 19, 2020.. Date of service: 03/25/2020 [11642019] [19-16998] (Sholkoff, Jack) [Entered: 03/25/2020 04:18 PM]
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Filing 15
Filed clerk order: The opening brief [ # 9 ] and excerpts of record [ # 10 ], [ # 14 ] submitted by Appellants are filed. No paper copies are required at this time. [11628011] (KWG) [Entered: 03/12/2020 02:00 PM]
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Filing 14
Submitted (ECF) excerpts of record Vol 6. Submitted by Appellants Carrie Hughes, Katia Segal and Brian Wilson. Date of service: 02/18/2020. (Court-entered filing, excerpts of record originally submitted in [11].) [11627562] (AF) [Entered: 03/12/2020 11:33 AM]
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Filing 13
Filed (ECF) notice of filing document ([11]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellants Carrie Hughes, Katia Segal and Brian Wilson. Date of service: 02/18/2020. (Court-entered filing) [11627559] (AF) [Entered: 03/12/2020 11:32 AM]
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Filing 12
Filed clerk order (Deputy Clerk: MH): On February 18, 2020, appellants submitted Volume 6 of the excerpts of record provisionally under seal, accompanied by a notice of intent to publicly file Volume 6 pursuant to Ninth Circuit Rule 27-13(f). No other party has filed a motion to file or maintain Volume 6 under seal. Consequently, the Clerk shall publicly file the notice, the opening brief, and all volumes of appellants excerpts of record. The existing briefing schedule remains in effect. [11627556] (AF) [Entered: 03/12/2020 11:31 AM]
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Filing 11
Filed (ECF) UNDER SEAL Appellants Carrie Hughes, Katia Segal and Brian Wilson notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 02/18/2020. [11600883] [19-16998]--[COURT UPDATE: Separated notice and sealed excerpts. 02/19/2020 by KWG] (Martin, Alisa) [Entered: 02/18/2020 05:00 PM]
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Filing 10
Submitted (ECF) excerpts of record. Submitted by Appellants Carrie Hughes, Katia Segal and Brian Wilson. Date of service: 02/18/2020. [11600869] [19-16998] (Martin, Alisa) [Entered: 02/18/2020 04:55 PM]
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Filing 9
Submitted (ECF) Opening Brief for review. Submitted by Appellants Carrie Hughes, Katia Segal and Brian Wilson. Date of service: 02/18/2020. [11600850] [19-16998] (Martin, Alisa) [Entered: 02/18/2020 04:49 PM]
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Filing 8
Streamlined request [7] by Appellants Carrie Hughes and Katia Segal to extend time to file the brief is approved in part. Amended briefing schedule: Appellants Carrie Hughes, Katia Segal and Brian Wilson opening brief due 02/18/2020. Appellees Tesla Motors, Inc. and Tesla, Inc. answering brief due 03/19/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11560104] (JN) [Entered: 01/13/2020 02:10 PM]
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Filing 7
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Carrie Hughes, Katia Segal and Brian Wilson. New requested due date is 02/14/2020. [11559077] [19-16998] (Martin, Alisa) [Entered: 01/13/2020 09:09 AM]
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| Filing 6 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11492134] (BLS) [Entered: 11/07/2019 09:28 AM] |
| Filing 5 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 11/06/2019, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [11475343] (BLS) [Entered: 10/23/2019 04:10 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 10/23/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11474727][19-16998] (AD) [Entered: 10/23/2019 12:44 PM] |
| Filing 3 Filed (ECF) Appellants Carrie Hughes, Katia Segal and Brian Wilson Mediation Questionnaire. Date of service: 10/23/2019. [11474241] [19-16998] (Martin, Alisa) [Entered: 10/23/2019 09:58 AM] |
| 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 or dismiss the appeal voluntarily. [11473344] (MS) [Entered: 10/22/2019 02:12 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/16/2019. Transcript ordered by 11/08/2019. Transcript due 12/09/2019. Appellants Carrie Hughes, Katia Segal and Brian Wilson opening brief due 01/17/2020. Appellees Tesla Motors, Inc. and Tesla, Inc. answering brief due 02/18/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11459643] (HC) [Entered: 10/09/2019 02:19 PM] |
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