Julia Bernstein, et al v. Virgin America, Inc., et al
| LISA MARIE SMITH, on behalf of themselves and all others similarly situated, JULIA BERNSTEIN and ESTHER GARCIA |
| VIRGIN AMERICA, INC. and ALASKA AIRLINES, INC. |
| 20-15186 |
| February 11, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Docket Report
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| Filing 62 Supreme Court Case Info Case number: 21-260 Filed on: 08/19/2021 Cert Petition Action 1: Denied, 06/30/2022 [12485401] [19-15382, 20-15186] (DJV) [Entered: 07/01/2022 02:45 PM] |
| Filing 61 Supreme Court Case Info Case number: 21-260 Filed on: 08/19/2021 Cert Petition Action 1: Pending [12211201] [19-15382, 20-15186] (RR) [Entered: 08/25/2021 11:53 AM] |
| Filing 60 Filed order (J. CLIFFORD WALLACE, MILAN D. SMITH, JR. and ROBERT S. LASNIK) Appellees motion to transfer consideration of attorneys fees on appeal to the District Court for the Northern District of California (Dkt. [ # 59 ]) is GRANTED. [12191607] (OC) [Entered: 08/04/2021 10:06 AM] |
| Filing 59 Filed (ECF) Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith Motion for miscellaneous relief [Motion to transfer consideration of attorneys fees on appeal to the District Court]. Date of service: 08/03/2021. [12190971] [20-15186] (Olivier, Monique) [Entered: 08/03/2021 02:56 PM] |
| Filing 58 MANDATE ISSUED.(JCW, MDS and RSL) [12184977] (NAC) [Entered: 07/28/2021 07:23 AM] |
| Filing 57 Filed order and amended opinion (J. CLIFFORD WALLACE, MILAN D. SMITH, JR. and ROBERT S. LASNIK). The opinion filed on February 23, 2021, and previously amended on March 8, 2021, is amended with the amended opinion filed concurrently with this order. The panel unanimously voted to deny the petitions for panel rehearing. Judge M. Smith voted to deny the petitions for rehearing en banc, and Judges Wallace and Lasnik so recommended. The full court was notified of the petitions for rehearing en banc, and no judge requested a vote. Fed. R. App. P. 35. The petitions for rehearing en banc (No. 19-15382 Dkts. 115, 116; No. 20-15186 Dkts. 47, 48) are DENIED. No further petitions for panel rehearing or rehearing en banc will be entertained. [12177265] [19-15382, 20-15186] (AKM) [Entered: 07/20/2021 08:32 AM] |
| Filing 56 Filed text clerk order (Deputy Clerk: OC): The parties' pending motions to file a reply and sur-reply to Appellants Petition for Panel Rehearing and/or Rehearing En Banc, are granted. [12149441] [19-15382, 20-15186] (OC) [Entered: 06/21/2021 01:48 PM] |
| Filing 55 Filed (ECF) Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith Unopposed Motion for miscellaneous relief [leave to file sur-reply in opposition to Appellants' petition for rehearing and rehearing en banc]. Date of service: 06/18/2021. [12148088] [20-15186] (Cooper, Charles) [Entered: 06/18/2021 11:18 AM] |
| Filing 54 Filed (ECF) Appellants Virgin America, Inc. and Alaska Airlines, Inc. reply to response (petition for rehearing and rehearing en banc). Date of service: 06/17/2021. [12147248]. [20-15186] --[COURT UPDATE: Updated docket text to reflect content of filing. 6/17/2021 by TYL] (Dvoretzky, Shay) [Entered: 06/17/2021 12:56 PM] |
| Filing 53 Filed (ECF) Appellants Alaska Airlines, Inc. and Virgin America, Inc. Motion for miscellaneous relief [Motion for leave to file reply brief in support of appellants' petition for rehearing and rehearing en banc.]. Date of service: 06/17/2021. [12147241] [20-15186] (Dvoretzky, Shay) [Entered: 06/17/2021 12:55 PM] |
| Filing 52 Filed (ECF) Appellants Virgin America, Inc. and Alaska Airlines, Inc. response to Response to PFPR and/or PFREB (ECF Filing). Date of service: 06/07/2021. [12136662]. [20-15186] (Dvoretzky, Shay) [Entered: 06/07/2021 05:41 PM] |
| Filing 51 Terminated Robert Jon Hendricks for Virgin America, Inc. and Alaska Airlines, Inc. in 20-15186 (No longer with firm) [12136007] (TYL) [Entered: 06/07/2021 01:53 PM] |
| Filing 50 Filed (ECF) Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith response to Combo PFR Panel and En Banc (ECF Filing), Combo PFR Panel and En Banc (ECF Filing). Date of service: 06/07/2021. [12135837]. [20-15186] (Cooper, Charles) [Entered: 06/07/2021 12:53 PM] |
| Filing 49 Filed (ECF) Appellants Alaska Airlines, Inc. and Virgin America, Inc. citation of supplemental authorities. Date of service: 04/29/2021. [12097572] [20-15186] (Dvoretzky, Shay) [Entered: 04/29/2021 08:00 PM] |
| Filing 48 Filed (ECF) Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith petition for panel rehearing and petition for rehearing en banc (from 03/08/2021 opinion). Date of service: 04/23/2021. [12085579] [20-15186] (Olivier, Monique) [Entered: 04/23/2021 04:04 PM] |
| Filing 47 Filed (ECF) Appellants Alaska Airlines, Inc. and Virgin America, Inc. petition for panel rehearing and petition for rehearing en banc (from 03/08/2021 opinion). Date of service: 04/23/2021. [12085515] [20-15186] (Dvoretzky, Shay) [Entered: 04/23/2021 03:39 PM] |
| Filing 46 Filed order and amended opinion (J. CLIFFORD WALLACE, MILAN D. SMITH, JR. and ROBERT S. LASNIK). The opinion filed on February 23, 2021 is amended by the Amended Opinion filed in its place concurrently with this order. [12026968] [19-15382, 20-15186] (AKM) [Entered: 03/08/2021 08:16 AM] |
| Filing 45 Filed text clerk order (Deputy Clerk: OC): Appellants' joint motion to extend the time to file a Petition for Rehearing and/or Rehearing En Banc, is GRANTED. [12022159] [19-15382, 20-15186] (OC) [Entered: 03/02/2021 05:03 PM] |
| Filing 44 Filed (ECF) Appellants Alaska Airlines, Inc. and Virgin America, Inc. Joint Motion to extend time to file petition for rehearing until 04/23/2021. Date of service: 03/02/2021. [12022059] [20-15186] (Dvoretzky, Shay) [Entered: 03/02/2021 04:22 PM] |
| Filing 43 Filed clerk text order (Deputy Clerk: AKM): At the direction of the Court, the parties shall bear their own costs. [12012969] [19-15382, 20-15186] (AKM) [Entered: 02/23/2021 08:29 AM] |
| Filing 42 FILED OPINION (J. CLIFFORD WALLACE, MILAN D. SMITH, JR. and ROBERT S. LASNIK) AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART. Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [12012961] [19-15382, 20-15186]--[Edited (typo corrected) 02/23/2021 by AKM] (AKM) [Entered: 02/23/2021 08:27 AM] |
| Filing 41 ARGUED AND SUBMITTED TO J. CLIFFORD WALLACE, MILAN D. SMITH, JR. and ROBERT S. LASNIK. [11963779] (KJC) [Entered: 01/14/2021 11:46 AM] |
| Filing 40 Filed text clerk order (Deputy Clerk: OC): Appellants' unopposed motions to consolidate argument and allow the United States to participate as amicus, are granted. [11954191] [19-15382, 20-15186] (OC) [Entered: 01/06/2021 11:15 AM] |
| Filing 39 Filed (ECF) Appellants Alaska Airlines, Inc. and Virgin America, Inc. Unopposed Motion for miscellaneous relief [Motion to Consolidate Oral Argument & to Grant Permission for the United States to Participate as Amicus Curiae]. Date of service: 01/05/2021. [11953318] [20-15186] (Dvoretzky, Shay) [Entered: 01/05/2021 03:25 PM] |
| Filing 38 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Shay Dvoretzky for Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Hearing in San Francisco on 01/14/2021 at 09:00 A.M. (Courtroom: Courtroom 3). 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: 12/30/2020. [11948768] [20-15186] (Dvoretzky, Shay) [Entered: 12/30/2020 01:14 PM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Monique Olivier for Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith. Hearing in San Francisco on 01/14/2021 at 09:00 A.M. (Courtroom: Courtroom 3). 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: 12/30/2020. [11948644] [20-15186] (Olivier, Monique) [Entered: 12/30/2020 11:52 AM] |
| Filing 36 Received 6 paper copies of Reply Brief [ # 34 ] filed by Alaska Airlines, Inc. and Virgin America, Inc.. (sent to panel) [11923137] (SD) [Entered: 12/10/2020 03:36 PM] |
| Filing 35 Filed clerk order: The reply brief [ # 34 ] submitted by Alaska Airlines, Inc. and Virgin America, Inc. 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. [11917738] (SML) [Entered: 12/07/2020 04:47 PM] |
| Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Date of service: 12/07/2020. [11917515] [20-15186] (Dvoretzky, Shay) [Entered: 12/07/2020 03:32 PM] |
| Filing 33 Added Attorney(s) Shay Dvoretzky for party(s) Appellant Alaska Airlines, Inc. Appellant Virgin America, Inc., in case 20-15186. [11914719] (NAC) [Entered: 12/03/2020 09:53 PM] |
| Filing 32 Filed (ECF) notice of appearance of Shay Dvoretzky (Skadden, Arms, Slate, Meagher & Flom LLP, 1440 New York Avenue, N.W. Washington, D.C. 20005) for Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Date of service: 12/03/2020. (Party was previously proceeding with counsel.) [11914673] [20-15186] (Dvoretzky, Shay) [Entered: 12/03/2020 05:51 PM] |
| Filing 31 Terminated Carmen Iguina Gonzalez for Alaska Airlines, Inc. and Virgin America, Inc. in 20-15186 [11891564] (NAC) [Entered: 11/13/2020 07:44 AM] |
| Filing 30 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Carmen Iguina Gonzalez for Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Party proceeding without counsel: No. Date of service: 11/13/2020. [11891563] [20-15186] (Iguina Gonzalez, Carmen) [Entered: 11/13/2020 07:43 AM] |
| Filing 29 Terminated Shay Dvoretzky for Virgin America, Inc. and Alaska Airlines, Inc. in 20-15186 [11891526] (NAC) [Entered: 11/13/2020 07:06 AM] |
| Filing 28 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Shay Dvoretzky for Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Party proceeding without counsel: No. Date of service: 11/12/2020. [11891458] [20-15186] (Dvoretzky, Shay) [Entered: 11/12/2020 09:38 PM] |
| Filing 27 Notice of Oral Argument on Thursday, January 14, 2021 - 09:00 A.M. - Courtroom 3 - 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 Thursday, January 14, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11878050]. [20-15186] (AW) [Entered: 11/01/2020 06:13 AM] |
| Filing 26 Received 6 paper copies of Answering Brief [ # 20 ] filed by Appellees. [11869006] (SD) [Entered: 10/22/2020 03:34 PM] |
| Filing 25 Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume(s) filed by Appellees. [11865980] (KWG) [Entered: 10/20/2020 03:32 PM] |
| Filing 24 Streamlined request [23] by Appellants Alaska Airlines, Inc. and Virgin America, Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 12/07/2020. [11865517] (JN) [Entered: 10/20/2020 01:01 PM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Alaska Airlines, Inc. and Virgin America, Inc.. New requested due date is 12/07/2020. [11865447] [20-15186] (Dick, Anthony) [Entered: 10/20/2020 12:28 PM] |
| Filing 22 Filed clerk order: The answering brief [ # 20 ] submitted by appellees 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 supplemental excerpts of record [ # 21 ] submitted by appellees 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. [11863071] (SML) [Entered: 10/19/2020 09:15 AM] |
| Filing 21 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith. Date of service: 10/16/2020. [11862749] [20-15186]--[COURT UPDATE: Updated entry to reflect all filers of the excerpts. 10/19/2020 by SML] (Olivier, Monique) [Entered: 10/16/2020 06:57 PM] |
| Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith. Date of service: 10/16/2020. [11862723] [20-15186]--[COURT UPDATE: Updated entry to reflect all filers of the brief. 10/19/2020 by SML] (Olivier, Monique) [Entered: 10/16/2020 06:40 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellee Julia Bernstein; Granting Motion [ # 18 ] (ECF Filing) motion to extend time to file brief filed by Appellee Julia Bernstein. Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith answering brief due 10/16/2020. The optional reply brief is due 21 days after service of the answering brief. [11818218] (LKK) [Entered: 09/09/2020 04:48 PM] |
| Filing 18 Filed (ECF) Appellee Julia Bernstein Unopposed Motion to extend time to file Answering brief until 10/16/2020. Date of service: 09/09/2020. [11817995] [20-15186] (Olivier, Monique) [Entered: 09/09/2020 03:28 PM] |
| Filing 17 Streamlined request [16] by Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith to extend time to file the brief is approved. Amended briefing schedule: Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith answering brief due 09/18/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11783198] (JN) [Entered: 08/10/2020 01:17 PM] |
| Filing 16 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Julia Bernstein. New requested due date is 09/18/2020. [11782817] [20-15186] (Olivier, Monique) [Entered: 08/10/2020 11:10 AM] |
| Filing 15 Received 6 paper copies of Opening Brief [ # 11 ] filed by Alaska Airlines, Inc. and Virgin America, Inc.. [11766074] (SD) [Entered: 07/25/2020 11:33 AM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 12 ] in 2 volume(s) filed by Appellants Alaska Airlines, Inc. and Virgin America, Inc. [11765467] (LA) [Entered: 07/24/2020 02:12 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 11 ] submitted by Alaska Airlines, Inc. and Virgin America, Inc. 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: blue. The excerpts of record [ # 12 ] submitted by Alaska Airlines, Inc. and Virgin America, Inc. 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. [11760796] (SML) [Entered: 07/21/2020 02:36 PM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Date of service: 07/20/2020. [11759291] [20-15186] (Dvoretzky, Shay) [Entered: 07/20/2020 03:29 PM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Date of service: 07/20/2020. [11759267] [20-15186] (Dvoretzky, Shay) [Entered: 07/20/2020 03:23 PM] |
| Filing 10 Streamlined request [9] by Appellants Alaska Airlines, Inc. and Virgin America, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellants Alaska Airlines, Inc. and Virgin America, Inc. opening brief due 07/20/2020. Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith answering brief due 08/19/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11697502] (JN) [Entered: 05/21/2020 08:12 AM] |
| Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Alaska Airlines, Inc. and Virgin America, Inc.. New requested due date is 07/20/2020. [11696537] [20-15186] (Dick, Anthony) [Entered: 05/20/2020 10:32 AM] |
| Filing 8 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously established by the court remains in effect. [11695292] (LW) [Entered: 05/19/2020 11:06 AM] |
| Filing 7 MEDIATION STATUS REPORT DUE - 05/06/2020. The briefing schedule previously set by the court is amended as follows :Appellants Alaska Airlines, Inc. and Virgin America, Inc. opening brief due 06/19/2020. Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith answering brief due 07/20/2020. Appellants optional reply brief is due within twenty one 21 days from the service date of the answer brief. See order for details. [11668475] (LW) [Entered: 04/22/2020 12:30 PM] |
| Filing 6 MEDIATION STATUS REPORT DUE - 04/08/2020. See order for details. [11644557] (LW) [Entered: 03/27/2020 04:31 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 02/18/2020. 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.[11599997]. [20-15186] (AD) [Entered: 02/18/2020 12:44 PM] |
| Filing 4 Filed (ECF) Appellants Alaska Airlines, Inc. and Virgin America, Inc. Mediation Questionnaire. Date of service: 02/18/2020. [11599961] [20-15186] (Dvoretzky, Shay) [Entered: 02/18/2020 12:11 PM] |
| Filing 3 Filed (ECF) notice of appearance of Shay Dvoretzky (Jones Day, 51 Louisiana Ave. NW, Washington DC 20001-2113) for Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Date of service: 02/18/2020. (Party was previously proceeding with counsel.) [11599853] [20-15186] (Dvoretzky, Shay) [Entered: 02/18/2020 11:43 AM] |
| Filing 2 Filed (ECF) notice of appearance of Anthony J. Dick (Jones Day, 51 Louisiana Ave NW, Washington DC 20001) for Appellants Alaska Airlines, Inc. and Virgin America, Inc.. Date of service: 02/18/2020. (Party was previously proceeding with counsel.) [11599724] [20-15186] (Dick, Anthony) [Entered: 02/18/2020 11:15 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Alaska Airlines, Inc. and Virgin America, Inc. Mediation Questionnaire due on 02/18/2020. Transcript ordered by 03/11/2020. Transcript due 04/10/2020. Appellants Alaska Airlines, Inc. and Virgin America, Inc. opening brief due 05/20/2020. Appellees Julia Bernstein, Esther Garcia and Lisa Marie Smith answering brief due 06/19/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11592754] (JBS) [Entered: 02/11/2020 09:31 AM] |
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