Chartwell Staffing Serv., Inc. v. Atlantic Solutions Group, Inc., et al
| CHARTWELL STAFFING SERVICES, INC., a New York corporation |
| TONY ALANIS, PATRICIA HANKS, JAMIE DIAZ, MARLENE CORNEJO, ROSA BENAVIDES, ADAM KIDAN, DENISE GONZALEZ, NICK REBULTAN and ATLANTIC SOLUTIONS GROUP, INC., a Delaware corporation, DBA Empire Workforce Solutions |
| 19-55614 |
| May 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 38 Received Appellants' paper copies of excerpts of record [ # 22 ], [32] in 7 volumes (Volumes 6 and 7 UNDER SEAL). Deficiencies: 1 copy of Volume 2 and 3 copies of Volume 7 are bound upside down. Notified counsel (see attached notice). [11377106] (LA) [Entered: 07/25/2019 03:34 PM] |
| Filing 37 Received 7 paper copies of Opening Brief [ # 21 ] filed by Appellants. [11375777] (SD) [Entered: 07/24/2019 04:31 PM] |
| Filing 36 Filed clerk order: The answering brief [ # 34 ] submitted by Chartwell Staffing Services, Inc. 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 [ # 35 ] submitted by Chartwell Staffing Services, Inc. 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. [11375498] (LA) [Entered: 07/24/2019 02:45 PM] |
| Filing 35 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Chartwell Staffing Services, Inc.. Date of service: 07/23/2019. [11373354] [19-55614] (Webb, Kristin) [Entered: 07/23/2019 11:21 AM] |
| Filing 34 Submitted (ECF) Answering Brief for review. Submitted by Appellee Chartwell Staffing Services, Inc.. Date of service: 07/23/2019. [11373347] [19-55614]--[COURT UPDATE: Attached corrected PDF. 07/24/2019 by LA] (Webb, Kristin) [Entered: 07/23/2019 11:18 AM] |
| Filing 33 Filed clerk order: The opening brief [ # 21 ] 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 Court has reviewed the excerpts of record [ # 22 ], [32] submitted by 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. [11367231] (LA) [Entered: 07/17/2019 05:57 PM] |
| Filing 32 Submitted (ECF) UNDER SEAL excerpts of record Vol 6 and Vol 7. Submitted by Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan. Date of service: 06/28/2019. (Court-entered filing, excerpts of record originally submitted in [23].) [11367125] (JMR) [Entered: 07/17/2019 04:40 PM] |
| Filing 31 Filed order (Appellate Commissioner): Appellants filed notices of intent to file previously sealed documents publicly pursuant to Interim Ninth Circuit Rule 27-13(f) (Docket Entry Nos. [18], [23]), and submitted volumes 6 and 7 of the excerpts of record provisionally under seal. In response, appellee filed motions to maintain under seal volumes 6 and 7 of the excerpts of record (Docket Entry Nos. [19], [26]). Appellees motions to maintain the seal are granted. The Clerk shall file under seal volumes 6 and 7 of the excerpts of record, and shall file publicly the opening brief and volumes 1 through 5 of the excerpts of record. The existing briefing schedule shall continue in effect. (Sealed Documents) [11367120] (JMR) [Entered: 07/17/2019 04:36 PM] |
| Filing 30 Filed Appellee Chartwell Staffing Services, Inc. motion to maintain excerpts of record UNDER SEAL. Deficiencies: None. Served on 07/15/2019. (Court-entered filing of motion submitted under seal at [26]) [11367113] (JMR) [Entered: 07/17/2019 04:34 PM] |
| Filing 29 Filed (ECF) notice of filing document ([23]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan. Date of service: 06/28/2019. (Court-entered filing) [11367111] (JMR) [Entered: 07/17/2019 04:33 PM] |
| Filing 28 Filed Appellee Chartwell Staffing Services, Inc. motion to maintain excerpts of record UNDER SEAL. Deficiencies: None. Served on 06/25/2019. (Court-entered filing of motion submitted under seal at [19]) [11367108] (JMR) [Entered: 07/17/2019 04:31 PM] |
| Filing 27 Filed (ECF) notice of filing document ([18]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan. Date of service: 06/20/2019. (Court-entered filing) [11367101] (JMR) [Entered: 07/17/2019 04:27 PM] |
| Filing 26 Filed (ECF) UNDER SEAL Appellee Chartwell Staffing Services, Inc. motion to maintain document under seal. Date of service: 07/15/2019. [11363770] [19-55614]--[COURT UPDATE: Attached corrected PDF. 07/16/2019 by LA] (Webb, Kristin) [Entered: 07/15/2019 03:11 PM] |
| Filing 25 Filed order MEDIATION (SMC): An in-person mediation will be held on August 22, 2019, at 10:00 a.m., at the Law Offices of Bryan Cave, LLP, 3161 Michelson Drive, Suite 1500, Irvine, California [local contact: (949) 223-7000]. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. Mediation statements no longer than 10 pages shall be submitted to the Circuit Mediator via e-mail [Sasha_M_Cummings@ca9.uscourts.gov] on or before August 15, 2019 by 12:00 p.m. (noon)...Mediation statements shall not be filed with the court. (SEE ORDER FOR FULL TEXT) [11361873] (AF) [Entered: 07/12/2019 12:45 PM] |
| Filing 24 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 07/10/2019, 2:30 p.m. Pacific Time. See order for details. [11358467] (BS) [Entered: 07/09/2019 03:21 PM] |
| Filing 23 Filed (ECF) UNDER SEAL Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 06/28/2019. [11349496] [19-55614] (Robinson, Damion) [Entered: 06/28/2019 11:49 PM] |
| Filing 22 Submitted (ECF) excerpts of record. Submitted by Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan. Date of service: 06/28/2019. [11349494] [19-55614] (Robinson, Damion) [Entered: 06/28/2019 11:41 PM] |
| Filing 21 Submitted (ECF) Opening Brief for review. Submitted by Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan. Date of service: 06/28/2019. [11349493] [19-55614]--[COURT UPDATE: Attached corrected PDF of brief. 07/02/2019 by LA] (Robinson, Damion) [Entered: 06/28/2019 11:35 PM] |
| Filing 20 Filed order (N. RANDY SMITH and MICHELLE T. FRIEDLAND): The Clerk shall amend the docket to reflect that Docket Entry No. [18] contains exhibits filed in support of the emergency motion at Docket Entry No. [ # 10 ]. Appellants motion (Docket Entry No. 10) to stay the district courts May 20, 2019 order pending appeal is denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). Appellees motion to seal at Docket Entry No. [19] will be addressed by separate order. The briefing schedule established previously remains in effect. [11346895] (AF) [Entered: 06/27/2019 11:56 AM] |
| Filing 19 Filed (ECF) UNDER SEAL Appellee Chartwell Staffing Services, Inc. motion to maintain document under seal. Date of service: 06/25/2019. [11343208] [19-55614]--[COURT UPDATE: Attached corrected certificate of service, updated docket text to reflect content of filing. 06/25/2019 by LA] (Webb, Kristin) [Entered: 06/25/2019 08:49 AM] |
| Filing 18 Filed (ECF) UNDER SEAL Appellants Tony Alanis, Rosa Benavides, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan, Nick Rebultan and Atlantic Solutions Group, Inc. notice of intent to unseal previously sealed material. Material: other (Volumes 6 and 7 of exhibits to motion to stay. Contains exhibits filed in support of emergency motion at docket entry #10). Date of service: 06/20/2019. [11339434] [19-55614]--[COURT UPDATE: Attached notice, updated docket text to reflect content of filing. 06/27/2019 by LA] --[COURT UPDATE: Updated docket text to reflect content of filing per order [ # 20 ]. 6/27/2019 by TYL] (Robinson, Damion) [Entered: 06/20/2019 02:12 PM] |
| Filing 17 Filed (ECF) Appellants Tony Alanis, Atlantic Solutions Group, Inc., Jamie Diaz, Denise Gonzalez, Adam Kidan, Nick Rebultan, Rosa Benavides and Patricia Hanks reply to response (motion to stay lower court action). Date of service: 06/20/2019. [11339410] [19-55614] (Robinson, Damion) [Entered: 06/20/2019 02:06 PM] |
| Filing 16 Filed clerk order: Appellants excerpts of record Volume 1-5 submitted at Docket Entry No. [8] and notice of intent to unseal and excerpts of record Volumes 6-7 submitted under seal at Docket Entry No. [9] were not accompanied by appellants opening brief and are stricken as premature. Ninth Circuit Rule 30-1.3 requires the excerpts of record to be submitted on the same day that the opening brief is submitted. Appellants are directed to submit their excerpts of record and notice of intent to unseal on the same day that they submit their opening brief. The existing briefing schedule remains in effect. [11332718] (LA) [Entered: 06/14/2019 05:13 PM] |
| Filing 15 Filed (ECF) Appellee Chartwell Staffing Services, Inc. response opposing motion ([ # 10 ] Motion (ECF Filing), [ # 10 ] Motion (ECF Filing)). Date of service: 06/14/2019. [11332055] [19-55614] (Webb, Kristin) [Entered: 06/14/2019 01:42 PM] |
| Filing 14 Added attorney Kristin S. Webb for Chartwell Staffing Services, Inc., in case 19-55614. [11332005] (CW) [Entered: 06/14/2019 01:26 PM] |
| Filing 13 Filed (ECF) notice of appearance of Kristin Webb for Appellee Chartwell Staffing Services, Inc.. Date of service: 06/14/2019. (Party previously proceeding without counsel: No) [11331877] [19-55614] (Webb, Kristin) [Entered: 06/14/2019 12:20 PM] |
| Filing 12 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 07/08/2019, 11:30 a.m. Pacific Time. See order for details. [11327640] (BS) [Entered: 06/11/2019 05:29 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: KAM): The court has received appellants emergency motion under Ninth Circuit Rule 27-3, filed on June 7, 2019. Appellees opposition to the emergency motion is due June 14, 2019 at 2:00 p.m. PDT. Appellants optional reply is due June 20, 2019 at 2:00 p.m. PDT. The previously established briefing schedule remains in effect. [11324607] (AF) [Entered: 06/10/2019 10:19 AM] |
| Filing 10 Filed (ECF) Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan EMERGENCY Motion to stay lower court action. Date of service: 06/07/2019. [11324149] [19-55614] (Robinson, Damion) [Entered: 06/07/2019 07:26 PM] |
| Filing 9 STRICKEN PER ORDER [ # 16 ]. Filed (ECF) UNDER SEAL Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 06/04/2019. [11319903] [19-55614] (Robinson, Damion) [Entered: 06/04/2019 11:07 PM] |
| Filing 8 STRICKEN PER ORDER [ # 16 ]. Submitted (ECF) excerpts of record. Submitted by Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan. Date of service: 06/04/2019. [11319902] [19-55614] (Robinson, Damion) [Entered: 06/04/2019 10:57 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 06/11/2019, 2:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11318821] (BS) [Entered: 06/04/2019 10:34 AM] |
| Filing 6 Added attorney Damion Robinson for Denise Gonzalez Adam Kidan Tony Alanis Marlene Cornejo Patricia Hanks Nick Rebultan Atlantic Solutions Group, Inc. Rosa Benavides Jamie Diaz, in case 19-55614. [11318247] (CW) [Entered: 06/04/2019 06:52 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 06/03/2019. 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.[11318242] (AD) [Entered: 06/04/2019 06:44 AM] |
| Filing 4 Filed (ECF) Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan Mediation Questionnaire. Date of service: 06/03/2019. [11318211] [19-55614] (Grivakes, Christopher) [Entered: 06/03/2019 09:44 PM] |
| Filing 3 Filed (ECF) notice of appearance of Damion Robinson for Appellants Tony Alanis, Atlantic Solutions Group, Inc., Rosa Benavides, Marlene Cornejo, Jamie Diaz, Denise Gonzalez, Patricia Hanks, Adam Kidan and Nick Rebultan. Date of service: 06/03/2019. (Party previously proceeding without counsel: No) [11318210] [19-55614] (Robinson, Damion) [Entered: 06/03/2019 09:23 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed May 25, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than June 28, 2019; the answering brief is due July 23, 2019 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11312706] (AF) [Entered: 05/29/2019 05:11 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11311760] (RT) [Entered: 05/29/2019 11:05 AM] |
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