FTC, et al v. Shad Cottelli, et al
| EMP MEDIA, INC., YEICOX LTD. and ANIELLO INFANTE |
| SHAD COTTELLI, FKA Shad Applegate |
| STATE OF NEVADA and FEDERAL TRADE COMMISSION |
| 20-15717 |
| April 20, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.
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Filing 46
Filed order (JACQUELINE H. NGUYEN, MARK J. BENNETT and M. DOUGLAS HARPOOL): Defendant-Appellants petition for rehearing en banc filed on June 28, 2021, [Dkt. No. [ # 45 ]], is untimely. See Fed. R. App. P. 40(a)(1) ([A] petition may be filed by any party within 45 days after entry of judgment. (emphasis added)); see also Fed. R. App. P. 35(c) (A petition for rehearing en banc must be filed within the time prescribed by Rule 40 for filing a petition for rehearing.). In addition, the mandate in this case issued on May 28, 2021. Accordingly, the petition for rehearing en banc is DENIED. [12226986] (AF) [Entered: 09/13/2021 03:25 PM]
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Filing 45
Filed (ECF) Appellant Shad Cottelli petition for rehearing en banc (from 03/30/2021 memorandum). Date of service: 06/28/2021. [12156368] [20-15717] (Selert, Whitney) [Entered: 06/28/2021 02:00 PM]
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Filing 44
MANDATE ISSUED.(JHN, MJB and MDH) [12127677] (RR) [Entered: 05/28/2021 07:52 AM]
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Filing 43
Filed order (JACQUELINE H. NGUYEN, MARK J. BENNETT and M. DOUGLAS HARPOOL): The panel unanimously votes to deny the petition for panel rehearing filed by Defendant-Appellant. [Dkt No. [ # 42 ]]. Accordingly, the petition for panel rehearing filed on May 13, 2021 is DENIED. [12120215] (AF) [Entered: 05/20/2021 04:54 PM]
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Filing 42
Filed (ECF) Appellant Shad Cottelli petition for panel rehearing (from 03/30/2021 memorandum). Date of service: 05/13/2021. [12112672] [20-15717] (Selert, Whitney) [Entered: 05/13/2021 05:37 PM]
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Filing 41
FILED MEMORANDUM DISPOSITION (JACQUELINE H. NGUYEN, MARK J. BENNETT and M. DOUGLAS HARPOOL) AFFIRMED. FILED AND ENTERED JUDGMENT. [12057760] (MM) [Entered: 03/30/2021 09:15 AM]
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Filing 40
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/ [12030730] (TG) [Entered: 03/10/2021 10:52 AM]
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Filing 39
ARGUED AND SUBMITTED TO JACQUELINE H. NGUYEN, MARK J. BENNETT and M. DOUGLAS HARPOOL. [12029320] (WWP) [Entered: 03/09/2021 11:54 AM]
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Filing 38
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Whitney Jay Selert, Esquire for Appellant Shad Cottelli. Hearing in Other (Las Vegas, NV) on 03/09/2021 at 11:00 A.M. (Courtroom: Las Vegas Courtroom 7C). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/29/2021. [11986534] [20-15717] (Selert, Whitney) [Entered: 01/29/2021 03:04 PM]
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Filing 37
Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Mariel Goetz for Appellee FTC. Hearing in Other (Las Vegas, NV) on 03/09/2021 at 11:00 A.M. (Courtroom: 7C). 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: 01/26/2021. [11981913] [20-15717] (Goetz, Mariel) [Entered: 01/26/2021 01:53 PM]
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Filing 36
Notice of Oral Argument on Tuesday, March 9, 2021 - 11:00 A.M. - Las Vegas Courtroom 7C - Scheduled Location: Las Vegas NV. 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, March 9, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11978296]. [20-15717] (AW) [Entered: 01/22/2021 02:09 PM]
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Filing 35
Notice of Oral Argument on Tuesday, March 9, 2021 - 09:00 A.M. - Las Vegas Courtroom 7C - Scheduled Location: Las Vegas NV. 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, March 9, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11945278]. [20-15717] (AW) [Entered: 12/27/2020 06:09 AM]
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Filing 34
Received 6 paper copies of Reply Brief [ # 32 ] filed by Shad Cottelli. [11897410] (SD) [Entered: 11/18/2020 11:22 AM]
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Filing 33
Filed clerk order: The reply brief [ # 32 ] submitted by Shad Cottelli 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. [11892342] (KWG) [Entered: 11/13/2020 01:07 PM]
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Filing 32
Submitted (ECF) Reply Brief for review. Submitted by Appellant Shad Cottelli. Date of service: 11/13/2020. [11892130] [20-15717] (Selert, Whitney) [Entered: 11/13/2020 11:32 AM]
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Filing 31
This case is being considered for an upcoming oral argument calendar in Las Vegas. Please review the Las Vegas sitting dates for March 2021 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). [11884979] (KJC) [Entered: 11/06/2020 02:58 PM]
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Filing 30
Streamlined request [29] by Appellant Shad Cottelli to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 11/13/2020. [11853317] (DLM) [Entered: 10/08/2020 05:14 PM]
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Filing 29
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Shad Cottelli. New requested due date is 11/13/2020. [11852925] [20-15717] (Selert, Whitney) [Entered: 10/08/2020 03:43 PM]
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Filing 28
Received 6 paper copies of Answering Brief [ # 24 ] filed by FTC and State of Nevada. [11839696] (MAE) [Entered: 09/28/2020 03:42 PM]
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Filing 27
Received 3 paper copies of supplemental excerpts of record [ # 25 ] in 1 volume(s) filed by Appellees FTC and State of Nevada. [11839528] (KWG) [Entered: 09/28/2020 02:48 PM]
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Filing 26
Filed clerk order: The answering brief [ # 24 ] submitted by FTC and State of Nevada 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 [ # 25 ] submitted by FTC and State of Nevada 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. [11834822] (KWG) [Entered: 09/23/2020 03:44 PM]
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Filing 25
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees FTC and State of Nevada. Date of service: 09/23/2020. [11834682] [20-15717] (Goetz, Mariel) [Entered: 09/23/2020 02:57 PM]
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Filing 24
Submitted (ECF) Answering Brief for review. Submitted by Appellees FTC and State of Nevada. Date of service: 09/23/2020. [11834676] [20-15717] (Goetz, Mariel) [Entered: 09/23/2020 02:55 PM]
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Filing 23
Attorney Matthew Michael Hoffman in 20-15717 substituted by Attorney Mariel Goetz in 20-15717 [11825093] (RR) [Entered: 09/15/2020 03:15 PM]
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Filing 22
Filed (ECF) notice of appearance of Mariel Goetz (Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580) for Appellee FTC. Substitution for Attorney Matthew Michael Hoffman for Appellee FTC. Date of service: 09/15/2020. (Party was previously proceeding with counsel.) [11824489] [20-15717] (Goetz, Mariel) [Entered: 09/15/2020 11:50 AM]
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Filing 21
Received 3 paper copies of excerpts of record [ # 16 ] in 6 volume(s) filed by Appellant Shad Cottelli. [11752748] (KWG) [Entered: 07/14/2020 02:40 PM]
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Filing 20
Received 6 paper copies of Opening Brief [ # 15 ] filed by Shad Cottelli. [11752392] (DB) [Entered: 07/14/2020 12:12 PM]
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Filing 19
Streamlined request [18] by Appellee FTC to extend time to file the brief is approved FOR ALL APPELLEES. Streamline requests allow for 30 day extensions. Amended briefing schedule: Appellees Federal Trade Commission and State of Nevada answering brief due 09/23/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11750439] (DLM) [Entered: 07/13/2020 11:33 AM]
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Filing 18
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee FTC. New requested due date is 09/08/2020. [11749973] [20-15717] (Hoffman, Matthew) [Entered: 07/13/2020 07:51 AM]
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Filing 17
Filed clerk order: The opening brief [ # 15 ] submitted by Shad Cottelli 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 [ # 16 ] submitted by Shad Cottelli 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. [11747504] (KWG) [Entered: 07/09/2020 01:13 PM]
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Filing 16
Submitted (ECF) excerpts of record. Submitted by Appellant Shad Cottelli. Date of service: 07/08/2020. [11745945] [20-15717] (Selert, Whitney) [Entered: 07/08/2020 12:16 PM]
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Filing 15
Submitted (ECF) Opening Brief for review. Submitted by Appellant Shad Cottelli. Date of service: 07/08/2020. [11745889] [20-15717] (Selert, Whitney) [Entered: 07/08/2020 11:54 AM]
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Filing 14
Streamlined request [13] by Appellant Shad Cottelli to extend time to file the brief is approved. Amended briefing schedule: Appellant Shad Cottelli opening brief due 07/24/2020. Appellees Federal Trade Commission and State of Nevada answering brief due 08/24/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11728218] (DLM) [Entered: 06/19/2020 05:46 PM]
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Filing 13
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Shad Cottelli. New requested due date is 07/24/2020. [11728141] [20-15717] (Selert, Whitney) [Entered: 06/19/2020 04:47 PM]
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| Filing 12 Terminated Sangjoon Han for FTC in 20-15717 (for failure to register for Appellate ECF) [11708602] (JBS) [Entered: 06/02/2020 02:11 PM] |
| Filing 11 Terminated Unregistered Attorney Megan Cox for FTC in 20-15717 - party has other counsel [11692216] (SVG) [Entered: 05/15/2020 11:40 AM] |
| Filing 10 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. [11690319] (CL) [Entered: 05/13/2020 07:37 PM] |
| Filing 9 Terminated Unregistered Attorney Alison M. Lefrak for FTC in 20-15717. Party has other counsel [11689852] (SVG) [Entered: 05/13/2020 01:59 PM] |
| Filing 8 Attorney John McGlamery in 20-15717 substituted by Attorney Laura Tucker in 20-15717 [11684037] (RR) [Entered: 05/07/2020 02:45 PM] |
| Filing 7 Filed (ECF) notice of appearance of Laura Michelle Tucker (Nevada Attorney General's Office, 8945 W. Russell Road, Suite 204, Las Vegas, NV 89148) for Appellee State of Nevada. Substitution for Attorney Mr. John McGlamery for Appellee State of Nevada. Date of service: 05/07/2020. (Party was previously proceeding with counsel.) [11683996] [20-15717] (Tucker, Laura) [Entered: 05/07/2020 02:28 PM] |
| Filing 6 MEDIATION ORDER FILED: By 05/13/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11675687] (CL) [Entered: 04/29/2020 12:58 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 04/27/2020. 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.[11673513]. [20-15717] (AD) [Entered: 04/27/2020 06:44 PM] |
| Filing 4 Filed (ECF) Appellant Shad Cottelli Mediation Questionnaire. Date of service: 04/27/2020. [11673212] [20-15717] (Selert, Whitney) [Entered: 04/27/2020 04:00 PM] |
| Filing 3 Added Attorney(s) Matthew Michael Hoffman for party(s) Appellee FTC, in case 20-15717. [11669931] (RR) [Entered: 04/23/2020 02:02 PM] |
| Filing 2 Filed (ECF) notice of appearance of Matthew Michael Hoffman (Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington DC 20580) for Appellee FTC. Date of service: 04/23/2020. (Party was previously proceeding with counsel.) [11669899] [20-15717] (Hoffman, Matthew) [Entered: 04/23/2020 01:51 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Shad Cottelli Mediation Questionnaire due on 04/27/2020. Appellant Shad Cottelli opening brief due 06/24/2020. Appellees Federal Trade Commission and State of Nevada answering brief due 07/24/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11665999] (RT) [Entered: 04/20/2020 01:52 PM] |
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