Leslie Jack, et al v. DCo, LLC, et al
| UNION PACIFIC RAILROAD COMPANY and BORG-WARNER MORSE TEC LLC, sued individually and as successor-in-interest to Borg-Warner Corporation |
| DAVID JACK, individually and LESLIE JACK, individually and as Personal Representative of Patrick Jack |
| FORD MOTOR COMPANY, DCO. LLC, FKA Dana Companies, LLC and DCO, LLC, FKA Dana Companies, LLC |
| 19-35563 |
| July 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Asbestos Pers Injury-Prod.Liab. |
Docket Report
This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
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Filing 98
MANDATE ISSUED.(SPG, MMM and RAP) [12042303] (RL) [Entered: 03/16/2021 08:41 AM]
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Filing 97
FILED MEMORANDUM DISPOSITION (SUSAN P. GRABER, M. MARGARET MCKEOWN and RICHARD A. PAEZ) We also deny Appellants Motion to Certify Questions to the Washington State Supreme Court (Dkt. [ # 46 ]). AFFIRMED. FILED AND ENTERED JUDGMENT. [12010960] (MM) [Entered: 02/22/2021 08:25 AM]
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Filing 96
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/ [11990826] (SB) [Entered: 02/03/2021 08:35 AM]
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Filing 95
ARGUED AND SUBMITTED TO SUSAN P. GRABER, M. MARGARET MCKEOWN and RICHARD A. PAEZ. [11989586] (SB) [Entered: 02/02/2021 10:48 AM]
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Filing 94
Terminated Renee Melancon for Leslie Jack and David Jack. [11980513] (RL) [Entered: 01/25/2021 03:52 PM]
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Filing 93
Filed (ECF) Appellants David Jack and Leslie Jack Correspondence: Letter regarding death of attorney, Renee Melancon. Date of service: 01/25/2021 [11980348] [19-35563] (Shirley, Lisa) [Entered: 01/25/2021 02:42 PM]
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Filing 92
Notice of Oral Argument on Tuesday, February 2, 2021 - 09:00 A.M. - SE 7th Flr Courtroom 2 - Scheduled Location: Seattle WA. 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 Tuesday, February 2, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11969340]. [19-35563] (AW) [Entered: 01/20/2021 11:08 AM]
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Filing 91
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Peder Kristian Batalden, Esquire for Appellee Ford Motor Company. Hearing in Seattle on 02/01/2021 at 09:00 A.M. (Courtroom: 2). 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: 01/05/2021. [11952961] [19-35563] (Batalden, Peder) [Entered: 01/05/2021 01:27 PM]
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Filing 90
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Brian Timothy Burgess, Esquire for Appellee DCo, LLC. Hearing in Seattle on 02/01/2021 at 09:00 A.M. (Courtroom: SE 7th Flr Courtroom 2). 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: 01/05/2021. [11952873] [19-35563] (Burgess, Brian) [Entered: 01/05/2021 12:55 PM]
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Filing 89
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Lucas Garrett for Appellants David Jack and Leslie Jack. Hearing in Seattle on 02/01/2021 at 09:00 A.M. (Courtroom: SE 7th Flr Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/05/2021. [11952670] [19-35563] (Garrett, Lucas) [Entered: 01/05/2021 11:31 AM]
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Filing 88
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Karl Riley for Appellee Union Pacific Railroad Company. Hearing in Seattle on 02/01/2021 at 09:00 A.M. (Courtroom: SE 7th Floor, Courtroom 2). 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: 01/05/2021. [11952623] [19-35563] (Riley, Karl) [Entered: 01/05/2021 11:15 AM]
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Filing 87
Attorney Viiu Spangler Khare in 19-35563 substituted by Attorney Karl Riley in 19-35563 [11916957] (RR) [Entered: 12/07/2020 12:00 PM]
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Filing 86
Filed (ECF) notice of appearance of Karl O. Riley (Cozen O'Connor, P.C., 3753 Howard Hughes Parkway, Suite 200, Las Vegas, Nevada 89169) for Appellee Union Pacific Railroad Company. Substitution for Viiu Spangler Khare for Appellee Union Pacific Railroad Company, Steven M. Crane, Esquire for Appellee Union Pacific Railroad Company, Barbara S. Hodous for Appellee Union Pacific Railroad Company, Mr. Ryan Thomas Moore for Appellee Union Pacific Railroad Company, Mr. Jeffrey Michael Odom for Appellee Union Pacific Railroad Company, Tim D. Wackerbarth for Appellee Union Pacific Railroad Company and Andrew G. Yates for Appellee Union Pacific Railroad Company. Date of service: 12/07/2020. (Party was previously proceeding with counsel.) [11916690] [19-35563] (Riley, Karl) [Entered: 12/07/2020 10:42 AM]
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Filing 85
Notice of Oral Argument on Monday, February 1, 2021 - 09:00 A.M. - SE 7th Flr Courtroom 2 - Scheduled Location: Seattle WA. 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 Monday, February 1, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11902332]. [19-35563] (AW) [Entered: 11/22/2020 06:17 AM]
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Filing 84
Filed (ECF) Attorney Steven M. Crane, Esquire for Appellee Union Pacific Railroad Company response to notice for case being considered for oral argument. Date of service: 10/09/2020. [11853825] [19-35563] (Crane, Steven) [Entered: 10/09/2020 10:09 AM]
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Filing 83
Added Attorney(s) Lucas Garrett for party(s) Appellant Leslie Jack Appellant David Jack. [11853146] (RL) [Entered: 10/08/2020 04:33 PM]
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Filing 82
Filed (ECF) notice of appearance of Lucas William Hannum Garrett (Schroeter Goldmark & Bender, 810 Third Avenue, Suite 500, Seattle, WA 98104) for Appellants Leslie Jack and David Jack. Date of service: 10/08/2020. (Party was previously proceeding with counsel.) [11853123] [19-35563] (Garrett, Lucas) [Entered: 10/08/2020 04:28 PM]
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Filing 81
This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for February 2021 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).[11852911]. [19-35563] (AW) [Entered: 10/08/2020 03:42 PM]
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Filing 80
Received 6 paper copies of Reply Brief [ # 75 ] filed by David Jack and Leslie Jack. [11819487] (DB) [Entered: 09/10/2020 03:37 PM]
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Filing 79
Received 3 paper copies of further excerpts of record [ # 73 ] in 1 volume(s) filed by Appellants David Jack and Leslie Jack. [11819137] (KWG) [Entered: 09/10/2020 01:22 PM]
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Filing 78
Filed clerk order: The further excerpts of record [ # 73 ] submitted by David Jack and Leslie Jack are filed. Within 7 days of this order, filer is ordered to file 3 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. [11819135] (KWG) [Entered: 09/10/2020 01:21 PM]
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Filing 77
Filed clerk order: The reply brief [ # 75 ] submitted by David Jack and Leslie Jack is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11813979] (KT) [Entered: 09/04/2020 02:32 PM]
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Filing 76
Filed clerk order (Deputy Clerk: SSR): Appellants motion (Docket Entry No. [ # 74 ]) to file an oversized reply brief is granted. The Clerk will file the reply brief submitted at Docket Entry No. [ # 75 ]. [11813627] (JBS) [Entered: 09/04/2020 10:57 AM]
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Filing 75
Submitted (ECF) Reply Brief for review. Submitted by Appellants David Jack and Leslie Jack. Date of service: 08/28/2020. [11807511]--[COURT ENTERED FILING to correct entry [ # 74 ].] (KT) [Entered: 08/31/2020 10:48 AM]
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Filing 74
Filed (ECF) Appellants David Jack and Leslie Jack Motion to file oversized brief. Date of service: 08/28/2020. [11806915] [19-35563]--[COURT UPDATE: removed PDF of reply brief, re-entered correctly in entry [ # 75 ]. 08/31/2020 by KT] (Rutzick, William) [Entered: 08/28/2020 07:32 PM]
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Filing 73
Submitted (ECF) further excerpts of record. Submitted by Appellant Leslie Jack. Date of service: 08/28/2020. [11806914] [19-35563] (Rutzick, William) [Entered: 08/28/2020 07:24 PM]
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Filing 72
Filed (ECF) Attorney Steven M. Crane, Esquire for Appellee Union Pacific Railroad Company response to notice for case being considered for oral argument. Date of service: 08/18/2020. [11793199] [19-35563] (Crane, Steven) [Entered: 08/18/2020 11:55 AM]
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Filing 71
This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for December 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).[11792048]. [19-35563] (AW) [Entered: 08/17/2020 03:51 PM]
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Filing 70
Filed clerk order (Deputy Clerk: SZ): Appellants motion for an extension of time (Docket Entry No. [ # 63 ]) to file their reply in support of their motion to certify questions to the Washington State Supreme Court is granted. The reply in support of the motion to certify has been filed (Docket Entry No. [ # 69 ]) and is referred to the merits panel. Principal briefing is complete. The optional reply brief remains due August 28, 2020. Appellants motion for clarification (Docket Entry No. [ # 59 ]) of the July 10, 2020 order appears to be addressed by the preceding portions of this order and is, accordingly, denied as moot. [11773332] (JBS) [Entered: 07/31/2020 01:23 PM]
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Filing 69
Filed (ECF) Appellants David Jack and Leslie Jack reply to response (). Date of service: 07/29/2020. [11770729] [19-35563] (Breen, Thomas) [Entered: 07/29/2020 01:00 PM]
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Filing 68
Streamlined request [66] by Appellants David Jack and Leslie Jack to extend time to file the brief is approved. This order supersedes the previous order of this date denying the extension. Amended briefing schedule: the optional reply brief is due 08/28/2020. [11767877] (JN) [Entered: 07/27/2020 03:45 PM]
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Filing 67
Streamlined request [66] by Appellants David Jack and Leslie Jack to extend time to file the brief is not approved because filer submitted a motion for extension of time to file the reply brief. The briefing schedule will be addressed upon resolution of the motion. [11766986] (JN) [Entered: 07/27/2020 11:21 AM]
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Filing 66
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants David Jack and Leslie Jack. New requested due date is 08/28/2020. [11766719] [19-35563] (Breen, Thomas) [Entered: 07/27/2020 09:44 AM]
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Filing 65
Received 6 paper copies of Opening Brief [ # 38 ] filed by David Jack and Leslie Jack. [11757644]--[Edited 07/17/2020 by LA to correct date of entry] (LA) [Entered: 07/17/2020 04:32 PM]
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Filing 64
Received 3 paper copies of excerpts of record [ # 29 ] in 8 volume(s) filed by Appellants David Jack and Leslie Jack. [11755635] (KWG) [Entered: 07/16/2020 03:06 PM]
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Filing 63
Filed (ECF) Appellants David Jack and Leslie Jack Motion to extend time to file Reply brief until 07/29/2020. Date of service: 07/15/2020. [11754212] [19-35563]--[COURT UPDATE: Updated docket text to reflect content of filing. 07/15/2020 by SLM] (Breen, Thomas) [Entered: 07/15/2020 03:16 PM]
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Filing 62
Received 6 paper copies of Answering Brief [ # 49 ] filed by Union Pacific Railroad Company. [11752160] (KWG) [Entered: 07/14/2020 10:56 AM]
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Filing 61
Received 6 paper copies of Answering Brief [ # 50 ] filed by DCo, LLC. [11752149] (KWG) [Entered: 07/14/2020 10:53 AM]
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Filing 60
Received 6 paper copies of Answering Brief [ # 47 ] filed by Ford Motor Company. [11752142] (KWG) [Entered: 07/14/2020 10:50 AM]
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Filing 59
Filed (ECF) Appellants David Jack and Leslie Jack Motion for miscellaneous relief [to Clarify Clerk's Order at Docket No. 56]. Date of service: 07/13/2020. [11751610] [19-35563] (Breen, Thomas) [Entered: 07/13/2020 10:10 PM]
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Filing 58
Received 3 paper copies of supplemental excerpts of record [ # 48 ] in 1 volume(s) filed by Appellee Ford Motor Company. [11751102] (KWG) [Entered: 07/13/2020 03:24 PM]
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Filing 57
Received 3 paper copies of supplemental excerpts of record [ # 51 ] in 1 volume(s) filed by Appellee DCo, LLC. [11750604] (KWG) [Entered: 07/13/2020 01:01 PM]
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Filing 56
Filed clerk order (Deputy Clerk: SZ): The motion to certify questions to the Washington State Supreme Court (Docket Entry No. [ # 46 ]), and the responses thereto, are referred to the merits panel. Principal briefing is complete. The optional reply brief is due July 29, 2020. [11749086] (JBS) [Entered: 07/10/2020 01:44 PM]
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Filing 55
Filed clerk order: The answering brief [ # 47 ] and the supplemental excerpts of record [ # 48 ] submitted by Ford Motor Company are filed. The answering brief [ # 49 ] submitted by Union Pacific Railroad Company is filed. The answering brief [ # 50 ] and the supplemental excerpts of record [ # 51 ] submitted by Appellee DCo, LLC are filed. The Court previously filed the opening brief [ # 38 ] and excerpts of record [ # 29 ] submitted by Appellants David Jack and Leslie Jack. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brief must be blue. The covers of the answering briefs must be red. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of 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. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11747468] (SML) [Entered: 07/09/2020 01:04 PM]
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Filing 54
Filed (ECF) Appellee DCo, LLC response opposing motion ([ # 46 ] Motion (ECF Filing), [ # 46 ] Motion (ECF Filing)). Date of service: 07/09/2020. [11747399] [19-35563] (Burgess, Brian) [Entered: 07/09/2020 12:19 PM]
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Filing 53
Filed (ECF) Appellee Ford Motor Company response to motion ([ # 46 ] Motion (ECF Filing), [ # 46 ] Motion (ECF Filing)). Date of service: 07/09/2020. [11746982] [19-35563] (Batalden, Peder) [Entered: 07/09/2020 09:34 AM]
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Filing 52
Filed (ECF) Appellee Union Pacific Railroad Company response opposing motion ([ # 46 ] Motion (ECF Filing), [ # 46 ] Motion (ECF Filing)). Date of service: 07/09/2020. [11746928] [19-35563] (Crane, Steven) [Entered: 07/09/2020 09:05 AM]
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Filing 51
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee DCo. LLC. Date of service: 07/08/2020. [11746394] [19-35563] (Burgess, Brian) [Entered: 07/08/2020 03:27 PM]
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Filing 50
Submitted (ECF) Answering Brief for review. Submitted by Appellee DCo. LLC. Date of service: 07/08/2020. [11746363] [19-35563] (Burgess, Brian) [Entered: 07/08/2020 03:16 PM]
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Filing 49
Submitted (ECF) Answering Brief for review. Submitted by Appellee Union Pacific Railroad Company. Date of service: 07/08/2020. [11745961] [19-35563] (Crane, Steven) [Entered: 07/08/2020 12:23 PM]
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Filing 48
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Ford Motor Company. Date of service: 07/08/2020. [11745678] [19-35563] (Batalden, Peder) [Entered: 07/08/2020 10:18 AM]
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Filing 47
Submitted (ECF) Answering Brief for review. Submitted by Appellee Ford Motor Company. Date of service: 07/08/2020. [11745672] [19-35563] (Batalden, Peder) [Entered: 07/08/2020 10:16 AM]
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Filing 46
Filed (ECF) Appellants David Jack and Leslie Jack Motion for certification to Washington State Supreme Court. Date of service: 06/29/2020. [11737428] [19-35563] (Breen, Thomas) [Entered: 06/29/2020 09:53 PM]
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Updated deadlines. Automatic 60 day extension Re: Notice Covid 19 (Docket Entry No. [ # 45 ]). Appellees DCo. LLC, Union Pacific Railroad Company and Ford Motor Company answering brief due 07/08/2020. The optional reply brief is due 21 days after service of the answering brief. [11645882] (EU) [Entered: 03/30/2020 02:40 PM]
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Filing 45
Filed (ECF) Appellee Ford Motor Company Correspondence: Notice Relating to COVID-19 Extension of Time to File Ford's Answering Brief. Date of service: 03/24/2020 [11640213] [19-35563] (Batalden, Peder) [Entered: 03/24/2020 12:46 PM]
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Filing 44
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellee Ford Motor Company; Granting Motion [ # 43 ] (ECF Filing) motion to extend time to file brief filed by Appellee Ford Motor Company. Appellees DCo. LLC, Union Pacific Railroad Company and Ford Motor Company answering brief due 05/08/2020. The optional reply brief is due 21 days after service of the answering brief. [11596522] (LKK) [Entered: 02/13/2020 12:47 PM]
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Filing 43
Filed (ECF) Appellee Ford Motor Company Unopposed Motion to extend time to file Answering brief until 05/08/2020. Date of service: 02/12/2020. [11594239] [19-35563] (Batalden, Peder) [Entered: 02/12/2020 08:12 AM]
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Filing 42
Added Attorney(s) Benjamin Timothy Hayes for party(s) Appellee DCo. LLC. [11593833] (RL) [Entered: 02/11/2020 03:44 PM]
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Filing 41
Filed (ECF) notice of appearance of Benjamin Hayes (Goodwin Procter LLP, 1900 N Street, N.W., Washington, D.C. 20036) for Appellee DCo. LLC. Date of service: 02/11/2020. (Party was previously proceeding with counsel.) [11593036] [19-35563] (Hayes, Benjamin) [Entered: 02/11/2020 11:23 AM]
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Filing 40
Filed clerk order: The opening brief [ # 38 ] and excerpts of record [ # 29 ] submitted by David Jack and Leslie Jack are filed. No paper copies are required at this time. [11590385] (LA) [Entered: 02/07/2020 04:58 PM]
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Filing 39
Filed clerk order (Deputy Clerk: LK): Appellants motion (Docket Entry No. [ # 37 ]) for leave to file a corrected opening brief is granted. The Clerk will strike the opening brief submitted at Docket Entry No. [28] and file the corrected opening brief submitted at Docket Entry No. [ # 38 ]. The answering brief is now due March 9, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11590185] (AF) [Entered: 02/07/2020 03:31 PM]
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Filing 38
Submitted (ECF) Opening Brief for review. Submitted by Appellants David Jack and Leslie Jack. Date of service: 02/04/2020. [11584034] [19-35563] (Rutzick, William) [Entered: 02/04/2020 09:19 AM]
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Filing 37
Filed (ECF) Appellants David Jack and Leslie Jack Motion to file substitute or corrected brief. Date of service: 02/04/2020. [11584025] [19-35563] (Rutzick, William) [Entered: 02/04/2020 09:17 AM]
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Filing 36
Added Attorney(s) Barbara S. Hodous for party(s) Appellee Union Pacific Railroad Company. [11578345] (RL) [Entered: 01/29/2020 01:29 PM]
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Filing 35
Filed (ECF) notice of appearance of Barbara S. Hodous (Berkes Crane Robinson & Seal LLP, 515 S. Figueroa Street, Suite 1500, Los Angeles, California 90071) for Appellee Union Pacific Railroad Company. Date of service: 01/29/2020. (Party was previously proceeding with counsel.) [11578338] [19-35563] (Hodous, Barbara) [Entered: 01/29/2020 01:27 PM]
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Filing 34
Notice of Appearance (ECF Filing) [32] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [11578324] (RL) [Entered: 01/29/2020 01:24 PM]
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Filing 33
Added Attorney(s) Steven M. Crane for party(s) Appellee Union Pacific Railroad Company. [11578323] (RL) [Entered: 01/29/2020 01:24 PM]
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Filing 32
Filed (ECF) notice of appearance of Barbara S. Hodous (Berkes Crane Robinson & Seal LLP, 515 S. Figueroa Street, Suite 1500, Los Angeles, California 90071) for Appellee Union Pacific Railroad Company. Date of service: 01/29/2020. (Party was previously proceeding with counsel.) [11578311] [19-35563] (Crane, Steven) [Entered: 01/29/2020 01:19 PM]
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Filing 31
Filed (ECF) notice of appearance of Steven M. Crane (Berkes Crane Robinson & Seal LLP, 515 S. Figueroa Street, Suite 1500, Los Angeles, California 90071) for Appellee Union Pacific Railroad Company. Date of service: 01/29/2020. (Party was previously proceeding with counsel.) [11578306] [19-35563] (Crane, Steven) [Entered: 01/29/2020 01:16 PM]
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Filing 30
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 37 ], [ # 38 ]. Original Text: Filed (ECF) Errata to Opening Brief ([28] Brief Submitted for Review (ECF Filing)). Filed by Appellants Leslie Jack and David Jack. Date of service: 01/22/2020. [11571150] [19-35563] (Rutzick, William) [Entered: 01/22/2020 08:58 PM]
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Filing 29
Submitted (ECF) excerpts of record. Submitted by Appellants David Jack and Leslie Jack. Date of service: 01/22/2020. [11571149] [19-35563]--[COURT UPDATE: Attached corrected excerpts. 02/04/2020 by LA] (Rutzick, William) [Entered: 01/22/2020 08:52 PM]
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Filing 28
STRICKEN PER ORDER [ # 39 ]. Submitted (ECF) Opening Brief for review. Submitted by Appellants David Jack and Leslie Jack. Date of service: 01/22/2020. [11571148] [19-35563]--[COURT UPDATE: Backdated entry to original submission date. 02/04/2020 by LA] (Rutzick, William) [Entered: 01/22/2020 08:48 PM]
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Filing 27
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [28]. Original Text: Filed (ECF) Appellants David Jack and Leslie Jack FRAP 9(a) memorandum. Date of service: 01/21/2020. [11569303] [19-35563] (Rutzick, William) [Entered: 01/21/2020 11:59 PM]
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Filing 26
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellants David Jack and Leslie Jack; Granting Motion [ # 25 ] (ECF Filing) motion to extend time to file brief filed by Appellants David Jack and Leslie Jack. Appellants David Jack and Leslie Jack opening brief due 01/21/2020. Appellees DCo. LLC, Union Pacific Railroad Company and Ford Motor Company answering brief due 02/20/2020. The optional reply brief is due 21 days after service of the answering brief. [11553358] (LKK) [Entered: 01/07/2020 11:41 AM]
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Filing 25
Filed (ECF) Appellants David Jack and Leslie Jack Unopposed Motion to extend time to file Opening brief until 01/21/2020. Date of service: 01/06/2020. [11551403] [19-35563] (Melancon, Renee) [Entered: 01/06/2020 10:10 AM]
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Filing 24
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellants David Jack and Leslie Jack; Granting Motion [ # 23 ] (ECF Filing) motion to extend time to file brief filed by Appellants David Jack and Leslie Jack. Appellants David Jack and Leslie Jack opening brief due 01/13/2020. Appellees DCo. LLC, Union Pacific Railroad Company and Ford Motor Company answering brief due 02/12/2020. The optional reply brief is due 21 days after service of the answering brief. [11520719] (LKK) [Entered: 12/04/2019 11:23 AM]
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Filing 23
Filed (ECF) Appellants David Jack and Leslie Jack Unopposed Motion to extend time to file Opening brief until 01/13/2020. Date of service: 12/04/2019. [11520574] [19-35563] (Melancon, Renee) [Entered: 12/04/2019 10:48 AM]
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Filing 22
Streamlined request [21] by Appellants David Jack and Leslie Jack to extend time to file the brief is approved. Amended briefing schedule: Appellants David Jack and Leslie Jack opening brief due 12/12/2019. Appellees DCo. LLC, Union Pacific Railroad Company and Ford Motor Company answering brief due 01/13/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11496343] (JN) [Entered: 11/12/2019 02:47 PM]
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Filing 21
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants David Jack and Leslie Jack. New requested due date is 12/12/2019. [11495490] [19-35563] (Melancon, Renee) [Entered: 11/12/2019 09:45 AM]
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Filing 20
Added Attorney(s) Renee Melancon for party(s) Appellant Leslie Jack Appellant David Jack. [11481303] (RL) [Entered: 10/29/2019 11:17 AM]
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Filing 19
Filed (ECF) notice of appearance of Renee Marie Melancon (Dean Omar Branham Shirley, LLP 302 N. Market Street, Suite 300, Dallas, Texas 75202) for Appellants Leslie Jack and David Jack. Date of service: 10/29/2019. (Party was previously proceeding with counsel.) [11481152] [19-35563] (Melancon, Renee) [Entered: 10/29/2019 09:40 AM]
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Filing 18
Filed order MEDIATION (SMC):This case is RELEASED from the Mediation Program. The briefing schedule previously set by the court is amended as follows: appellants opening brief is due November 12, 2019; appellees' answering brief is due December 12, 2019; appellant's optional reply brief is due within 21 days from the service date of the answering brief. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions.[11436171] (JBS) [Entered: 09/18/2019 02:46 PM]
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Filing 17
MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 09/17/2019, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11396872] (MS) [Entered: 08/14/2019 10:42 AM]
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Filing 16
Added Attorney(s) Brian Timothy Burgess for party(s) Appellee DCo. LLC. [11390044] (RL) [Entered: 08/07/2019 01:14 PM]
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Filing 15
Filed (ECF) notice of appearance of Brian Timothy Burgess (Goodwin Procter LLP 901 New York Avenue NW, Washington D.C. 20001) for Appellee DCo. LLC. Date of service: 08/07/2019. (Party previously proceeding without counsel: No) [11390033] [19-35563] (Burgess, Brian) [Entered: 08/07/2019 01:09 PM]
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Filing 14
Added Attorney Benjamin Adams for party(s) Appellant Leslie Jack and Appellant David Jack. [11387049] (RL) [Entered: 08/05/2019 12:35 PM]
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Filing 13
Filed (ECF) notice of appearance of Benjamin H. Adams (Dean Omar Branham Shirley LLP) for Appellants David Jack and Leslie Jack. Date of service: 08/05/2019. (Party previously proceeding without counsel: No) [11386909] [19-35563] (Adams, Benjamin) [Entered: 08/05/2019 11:44 AM]
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Filing 12
Added Attorney William Joel Rutzick for party Appellant Leslie Jack Appellant David Jack. [11385359] (RL) [Entered: 08/02/2019 11:47 AM]
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Filing 11
Filed (ECF) notice of appearance of William Joel Rutzick (Schroeter Goldmark & Bender 810 Third Avenue, Suite 500 Seattle, WA 98104) for Appellants David Jack and Leslie Jack. Date of service: 08/02/2019. (Party previously proceeding without counsel: No) [11385233] [19-35563] (Rutzick, William) [Entered: 08/02/2019 10:36 AM]
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Filing 10
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 08/09/2019, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11373457] (BS) [Entered: 07/23/2019 11:49 AM]
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Filing 9
The Mediation Questionnaire for this case was filed on 07/12/2019. 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.[11362586][19-35563] (AD) [Entered: 07/12/2019 06:44 PM]
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Filing 8
Filed (ECF) Appellants David Jack and Leslie Jack Mediation Questionnaire. Date of service: 07/12/2019. [11361969] [19-35563] (Shirley, Lisa) [Entered: 07/12/2019 01:34 PM]
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Filing 7
Added Attorney Lisa White Shirley for party(s) Appellant Leslie Jack Appellant David Jack. [11361939] (RL) [Entered: 07/12/2019 01:19 PM]
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Filing 6
Filed (ECF) notice of appearance of Lisa White Shirley (Dean Omar Branham Shirley, LLP, 302 N. Market Street, Suite 300, Dallas, TX 75202) for Appellants David Jack and Leslie Jack. Date of service: 07/12/2019. (Party previously proceeding without counsel: No) [11361844] [19-35563] (Shirley, Lisa) [Entered: 07/12/2019 12:26 PM]
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Filing 5
Added Attorney(s) Emily Victoria Cuatto and Peder Kristian Batalden for party Appellee Ford Motor Company. [11358308] (RL) [Entered: 07/09/2019 02:32 PM]
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Filing 4
Filed (ECF) notice of appearance of Emily V. Cuatto (Horvitz & Levy LLP, 3601 West Olive Avenue, 8th Fl., Burbank, CA 91505) for Appellee Ford Motor Company. Date of service: 07/09/2019. (Party previously proceeding without counsel: No) [11358265] [19-35563] (Cuatto, Emily) [Entered: 07/09/2019 02:18 PM]
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Filing 3
Filed (ECF) notice of appearance of Peder K. Batalden (Horvitz & Levy LLP, 3601 West Olive Avenue, 8th Fl., Burbank, CA 91505) for Appellee Ford Motor Company. Date of service: 07/09/2019. (Party previously proceeding without counsel: No) [11358253] [19-35563] (Batalden, Peder) [Entered: 07/09/2019 02:13 PM]
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Filing 2
Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 07/08/2019. [11356760] (RT) [Entered: 07/08/2019 02:37 PM]
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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 07/12/2019. Transcript ordered by 08/05/2019. Transcript due 09/03/2019. Appellants David Jack and Leslie Jack opening brief due 10/11/2019. Appellees DCo. LLC and Ford Motor Company answering brief due 11/12/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11355094] (RT) [Entered: 07/05/2019 12:44 PM]
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