Richard Bell v. Wilmott Storage Services, LLC, et al
| IADVANTAGE, LLC, ROE CORPORATIONS and DOES |
| RICHARD N. BELL |
| WILMOTT STORAGE SERVICES, LLC |
| 19-56181 |
| October 8, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 39 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/ [11799874] (BG) [Entered: 08/24/2020 11:10 AM] |
| Filing 38 ARGUED AND SUBMITTED TO KIM MCLANE WARDLAW, RICHARD R. CLIFTON and JENNIFER CHOE-GROVES. [11788036] [19-55882, 19-56181] (BG) [Entered: 08/13/2020 01:45 PM] |
| Filing 37 Filed order (KIM MCLANE WARDLAW, RICHARD R. CLIFTON and JENNIFER CHOE-GROVES) The parties are directed to be prepared to discuss at oral argument, in addition to any other argument they wish to present, the relevance, if any, of Bell v. Carmen Commercial Real Estate Services, No. 16-01174 (S.D. Ind.); and Bell v. Davis, 430 F. Supp. 3d 718 (D. Or. 2019), No. 19-00912, on appeal, No. 20-35065 (9th Cir.). [11785618] [19-55882, 19-56181] (OC) [Entered: 08/11/2020 04:36 PM] |
| Filing 36 Notice of Oral Argument on Thursday, August 13, 2020 - 1:00 P.M. - Courtroom 1 - Scheduled Location: Pasadena 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 Thursday, August 13, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11776457]. [19-55882, 19-56181] (AW) [Entered: 08/04/2020 10:38 AM] |
| Filing 35 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Gregory William Keenan for Appellee Richard N. Bell. Hearing in Pasadena on 08/14/2020 at 09:30 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: 07/23/2020. [11764164] [19-56181] (Keenan, Gregory) [Entered: 07/23/2020 03:26 PM] |
| Filing 34 Received 6 paper copies of Reply Brief [ # 31 ] filed by Wilmott Storage Services, LLC. (sent to panel) [11742608] (SD) [Entered: 07/06/2020 11:57 AM] |
| Filing 33 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Paul D. Supnik, Esquire for Appellant Wilmott Storage Services, LLC. Hearing in Pasadena on 08/14/2020 at 09:30 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: 07/02/2020. [11740834] [19-56181] (Supnik, Paul) [Entered: 07/02/2020 11:02 AM] |
| Filing 32 Filed clerk order: The reply brief [ # 31 ] submitted by Wilmott Storage Services, LLC 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. [11739865] (KWG) [Entered: 07/01/2020 01:41 PM] |
| Filing 31 Submitted (ECF) Reply Brief for review. Submitted by Appellant Wilmott Storage Services, LLC. Date of service: 07/01/2020. [11739861] [19-56181] (Supnik, Paul) [Entered: 07/01/2020 01:39 PM] |
| Filing 30 Received 6 paper copies of Answering Brief [ # 26 ] filed by Richard N. Bell. (sent to panel) [11733792] (LA) [Entered: 06/25/2020 02:14 PM] |
| Filing 29 Streamlined request [28] by Appellant Wilmott Storage Services, LLC to extend time to file the brief is not approved because extension is not allowed pursuant to CR 31-2.2(a)(2) because the case has been scheduled for argument. The filer must file a motion per 9th Cir. R. 31-2.2(b). [11731229] (JN) [Entered: 06/23/2020 03:54 PM] |
| Filing 28 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Wilmott Storage Services, LLC. New requested due date is 08/07/2020. [11731142] [19-56181] (Supnik, Paul) [Entered: 06/23/2020 03:18 PM] |
| Filing 27 Filed clerk order: The answering brief [ # 26 ] submitted by Richard N. Bell 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: red. The paper copies shall be submitted to the principal office of the Clerk. [11726779] (KWG) [Entered: 06/18/2020 04:58 PM] |
| Filing 26 Submitted (ECF) Answering Brief for review. Submitted by Appellee Richard N. Bell. Date of service: 06/15/2020. [11722746] [19-56181] (Keenan, Gregory) [Entered: 06/15/2020 11:53 PM] |
| Filing 25 Notice of Oral Argument on Friday, August 14, 2020 - 09:30 A.M. - Courtroom 1 - Previously Scheduled Location: Pasadena CA. 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 will be held remotely with all of the judges and attorneys appearing by video or telephone. Your 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 your 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 Friday, August 14, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11705988]. [19-55882, 19-56181] (AW) [Entered: 05/31/2020 06:13 AM] |
| Filing 24 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for August 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).[11670609]. [19-55882, 19-56181] (AW) [Entered: 04/24/2020 09:31 AM] |
| Filing 23 Filed (ECF) Appellee Richard N. Bell Correspondence: The Court is notified that due to logistical issues related to the COVID-19 virus, Plaintiff-Appellee Richard N. Bell requires a 60-day extension of time to file the Reply Brief, currently due on Wednesday, April 15, 2020, in No. 19-56181.. Date of service: 04/15/2020 [11662161] [19-56181] (Grimm, Andrew) [Entered: 04/15/2020 03:33 PM] |
| Updated deadlines. Automatic 60 day extension Re: Notice Covid 19 (Docket Entry No. [ # 23 ]). Appellee Richard N. Bell answering brief due 06/15/2020. The optional reply brief is due 21 days after service of the answering brief. [11662681] (EU) [Entered: 04/16/2020 09:35 AM] |
| Filing 22 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for July 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).[11626905]. [19-55882, 19-56181] (AW) [Entered: 03/11/2020 06:02 PM] |
| Filing 21 Streamlined request [20] by Appellee Richard N. Bell to extend time to file the brief is approved. Amended briefing schedule: Appellee Richard N. Bell answering brief due 04/15/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11607892] (JN) [Entered: 02/25/2020 10:17 AM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Richard N. Bell. New requested due date is 04/15/2020. [11607597] [19-56181] (Grimm, Andrew) [Entered: 02/25/2020 08:23 AM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] and excerpts of record [ # 18 ] submitted by Wilmott Storage Services, LLC are filed. No paper copies are required at this time. [11596202] (KWG) [Entered: 02/13/2020 10:53 AM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Wilmott Storage Services, LLC. Date of service: 02/07/2020. [11590412] [19-56181]--[COURT UPDATE: Attached corrected PDF of volume 2 of the excerpts. 02/13/2020 by KWG] (Supnik, Paul) [Entered: 02/07/2020 05:26 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellant Wilmott Storage Services, LLC. Date of service: 02/07/2020. [11590399] [19-56181] (Supnik, Paul) [Entered: 02/07/2020 05:15 PM] |
| Filing 16 Streamlined request [15] by Appellant Wilmott Storage Services, LLC to extend time to file the brief is approved. Amended briefing schedule: Appellant Wilmott Storage Services, LLC opening brief due 02/14/2020. Appellee Richard N. Bell answering brief due 03/16/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11553096] (JN) [Entered: 01/07/2020 10:10 AM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Wilmott Storage Services, LLC. New requested due date is 02/14/2020. [11552692] [19-56181] (Supnik, Paul) [Entered: 01/06/2020 06:12 PM] |
| Filing 14 Added Attorney(s) Andrew Grimm for party(s) Appellee Richard N. Bell, in case 19-56181. [11540048] (QDL) [Entered: 12/20/2019 01:11 PM] |
| Filing 13 Filed (ECF) notice of appearance of Andrew Grimm (Digital Justice Foundation, 15287 Pepperwood Drive, Omaha, Nebraska 68154) for Appellee Richard N. Bell. Date of service: 12/20/2019. (Party was previously proceeding with counsel.) [11539815] [19-56181] (Grimm, Andrew) [Entered: 12/20/2019 11:38 AM] |
| Filing 12 Filed clerk order (Deputy Clerk: LBS): Defendant Wilmot Storage Services, LLCs opposed motion (Docket Entry No. [ # 8 ]) to consolidate is denied. Nos. 19-55882 and 19-56181 will proceed separately but will be calendared before the same panel that will consider the merits of these appeals. Plaintiff Richard Bells request (included in Docket Entry No. [ # 11 ]) to stay appellate proceedings in No. 19-56181 is denied. The opening brief remains due January 15, 2020. The answering brief is due February 14, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11539667] (JMR) [Entered: 12/20/2019 10:45 AM] |
| Filing 11 Filed (ECF) Appellee Richard N. Bell Motion to stay appellate proceedings and Response opposing motion ([ # 8 ] Motion to consolidate cases). Date of service: 11/07/2019. [11493225]--[COURT ENTERED FILING to correct entry [10].] (SLM) [Entered: 11/07/2019 04:53 PM] |
| Filing 10 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 11 ]. Original Text: Filed (ECF) Appellee Richard N. Bell response opposing motion ([ # 8 ] Motion (ECF Filing), [ # 8 ] Motion (ECF Filing) motion to consolidate cases). Date of service: 11/07/2019. [11492922] [19-56181] (Keenan, Gregory) [Entered: 11/07/2019 02:58 PM] |
| Filing 9 Filed (ECF) Appellant Wilmott Storage Services, LLC Correspondence: Transcript Designation Form (G-126) indicating no intention to designate any portion of transcript. Date of service: 11/04/2019 [11487557] [19-56181] (Supnik, Paul) [Entered: 11/04/2019 11:38 AM] |
| Filing 8 Filed (ECF) Appellant Wilmott Storage Services, LLC Motion to consolidate cases 19-56181 and 19-55882. Date of service: 10/29/2019. [11481719] [19-56181] (Supnik, Paul) [Entered: 10/29/2019 01:21 PM] |
| Filing 7 Added Attorney(s) Gregory William Keenan for party(s) Appellee Richard N. Bell, in case 19-56181. [11462123] (QDL) [Entered: 10/11/2019 01:32 PM] |
| Filing 6 Filed (ECF) notice of appearance of Gregory William Keenan (Digital Justice Foundation, 81 Stewart Street, Floral Park, New York 11001) for Appellee Richard N. Bell. Date of service: 10/11/2019. (Party was previously proceeding with counsel.) [11462115] [19-56181] (Keenan, Gregory) [Entered: 10/11/2019 01:25 PM] |
| Filing 5 MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11461841] [19-55882, 19-56181] (CL) [Entered: 10/11/2019 11:14 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference (w/ 19-55882), 10/10/2019, 3:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11459564] (CL) [Entered: 10/09/2019 01:56 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 10/08/2019. 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.[11458687][19-56181] (AD) [Entered: 10/08/2019 06:44 PM] |
| Filing 2 Filed (ECF) Appellant Wilmott Storage Services, LLC Mediation Questionnaire. Date of service: 10/08/2019. [11458234] [19-56181] (Supnik, Paul) [Entered: 10/08/2019 02:40 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/15/2019. Transcript ordered by 11/06/2019. Transcript due 12/06/2019. Appellant Wilmott Storage Services, LLC opening brief due 01/15/2020. Appellee Richard N. Bell answering brief due 02/14/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11457567] (JPD) [Entered: 10/08/2019 10:13 AM] |
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