Tisha Castillo, et al v. George Johnson, et al
| DECEMBER COMPANIES, INC., an Arizona corporation, BARBARA JOHNSON, JOHN DOE JOHNSON, wife and husband, ROADRUNNER TRANSIT LLC, GEORGE HARRY JOHNSON, JANE DOE JOHNSON, husband and wife, CHRIS JOHNSON, JOHNSON UTILITIES LLC, GEORGE H. JOHNSON AND JANA S. JOHNSON REVOCABLE TRUST DATED JULY 9, 1987, HUNT MGT LLC, BARJO LLC, an Arizona limited liability company, JAMES FRANKLIN NORTON, ULTRA MANAGEMENT LLC, JOHNSON INTERNATIONAL, INC., JANA JOHNSON, a married couple, CHRIS JOHNSON FAMILY TRUST DATED SEPTEMBER 14, 2000, PINETOP TRUST II and BAJ LIVING TRUST |
| STEVE PRATT, on behalf of themselves and others similarly situated, KAREN CHRISTIAN and TISHA CASTILLO |
| 20-15814 |
| April 29, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 43 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Mark Andrew Fuller for Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC. Hearing in Other (U.S. Court of Appeals for the Ninth Circuit, 401 West Washington Street, Phoenix, AZ 85003-2117) on 03/04/2021 at 09:00 A.M. (Courtroom: Ceremonial Courtroom). 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: 12/28/2020. [11946106] [20-15814] (Fuller, Mark) [Entered: 12/28/2020 12:56 PM] |
| Filing 42 Received 6 paper copies of Reply Brief [ # 39 ] filed by Appellants. (sent to panel) [11938484] (SD) [Entered: 12/23/2020 01:55 PM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Clinton A. Krislov for Appellees Tisha Castillo, Karen Christian and Steve Pratt. Hearing in Other (Phoenix AZ) on 03/04/2021 at 09:00 A.M. (Courtroom: Ceremonial Courtroom Phoenix). 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: 12/22/2020. [11936605] [20-15814] (Krislov, Clinton) [Entered: 12/22/2020 10:50 AM] |
| Filing 40 Filed clerk order: The reply brief [ # 39 ] submitted by appellants 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. [11935256] (LA) [Entered: 12/21/2020 02:17 PM] |
| Filing 39 Submitted (ECF) Reply Brief for review. Submitted by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC. Date of service: 12/21/2020. [11934945] [20-15814] (Porter, Hannah) [Entered: 12/21/2020 12:36 PM] |
| Filing 38 Notice of Oral Argument on Thursday, March 4, 2021 - 09:00 A.M. - Ceremonial Ctrm Phoenix - Scheduled Location: Phoenix AZ. 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, March 4, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11933906]. [20-15814] (AW) [Entered: 12/20/2020 06:15 AM] |
| Filing 37 Filed text clerk order (Deputy Clerk: AF): Appellants' motion to extend time to file reply brief (Dkt. [ # 36 ]) is granted. [11920037] (AF) [Entered: 12/09/2020 10:48 AM] |
| Filing 36 Filed (ECF) Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC Unopposed Motion to extend time to file Reply brief until 12/21/2020. Date of service: 12/01/2020. [11911670] [20-15814] (Fuller, Mark) [Entered: 12/01/2020 04:37 PM] |
| Filing 35 This case is being considered for an upcoming oral argument calendar in Phoenix. Please review the Phoenix 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). [11885157] (KJC) [Entered: 11/06/2020 04:18 PM] |
| Filing 34 Streamlined request [33] by Appellants Johnson International, Inc. and Johnson Utilities LLC to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 12/09/2020. [11877603] (DLM) [Entered: 10/30/2020 03:28 PM] |
| Filing 33 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Johnson International, Inc. and Johnson Utilities LLC. New requested due date is 12/09/2020. [11877011] [20-15814] (Beams, Christian) [Entered: 10/30/2020 11:09 AM] |
| Filing 32 Streamlined request [31], [30] by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, James Franklin Norton, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 12/09/2020. [11876313] (DLM) [Entered: 10/29/2020 03:59 PM] |
| Filing 31 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant James Franklin Norton. New requested due date is 12/09/2020. [11876253] [20-15814] (King, William) [Entered: 10/29/2020 03:41 PM] |
| Filing 30 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC. New requested due date is 12/09/2020. [11876153] [20-15814] (Porter, Hannah) [Entered: 10/29/2020 03:06 PM] |
| Filing 29 Received 3 paper copies of supplemental excerpts of record [ # 26 ] in 2 volume(s) filed by Appellees. [11869177] (KWG) [Entered: 10/22/2020 04:36 PM] |
| Filing 28 Received 6 paper copies of Answering Brief [ # 25 ] filed by Appellees. [11869125] (SD) [Entered: 10/22/2020 04:21 PM] |
| Filing 27 Filed clerk order: The answering brief [ # 25 ] 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 [ # 26 ] 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. [11865403] (SML) [Entered: 10/20/2020 12:07 PM] |
| Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Tisha Castillo, Karen Christian and Steve Pratt. Date of service: 10/19/2020. [11865401]--[COURT ENTERED FILING to replace [24].] (SML) [Entered: 10/20/2020 12:05 PM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellees Tisha Castillo, Karen Christian and Steve Pratt. Date of service: 10/19/2020. [11865397]--[COURT ENTERED FILING to replace [24].] (SML) [Entered: 10/20/2020 12:04 PM] |
| Filing 24 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 25 ], [ # 26 ]. Original Text: Filed (ECF) Appellees Tisha Castillo, Karen Christian and Steve Pratt answer to 23f petition. Date of service: 10/19/2020. [11864335] [20-15814] (Goulder, Jeffrey) [Entered: 10/19/2020 04:04 PM] |
| Filing 23 Filed clerk order (Deputy Clerk: LKK): G (ECF Filing) filed by Appellees Tisha Castillo, Karen Christian and Steve Pratt; Granting Motion [ # 22 ] (ECF Filing) motion to extend time to file brief filed by Appellees Tisha Castillo, Karen Christian and Steve Pratt. Appellees Tisha Castillo, Karen Christian and Steve Pratt answering brief due 10/19/2020. The optional reply brief is due 21 days after service of the answering brief. [11842346] (LKK) [Entered: 09/30/2020 12:25 PM] |
| Filing 22 Filed (ECF) Appellees Tisha Castillo, Karen Christian and Steve Pratt Motion to extend time to file Answering brief until 10/19/2020. Date of service: 09/30/2020. [11842261] [20-15814] (Nagy, Brandon) [Entered: 09/30/2020 11:49 AM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 18 ] in 3 volume(s) filed by Appellants. [11823930] (KWG) [Entered: 09/15/2020 09:03 AM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 17 ] filed by Appellants. [11823422] (SD) [Entered: 09/14/2020 04:38 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] submitted by appellants 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 [ # 18 ] submitted by appellants 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. [11816058] (LA) [Entered: 09/08/2020 02:17 PM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC. Date of service: 09/04/2020. [11814135] [20-15814] (Fuller, Mark) [Entered: 09/04/2020 03:29 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Roadrunner Transit LLC, Ultra Management LLC. Date of service: 09/04/2020. [11814123] [20-15814]--[Edited 09/29/2020 by ASW: removed appellee from filer list] (Fuller, Mark) [Entered: 09/04/2020 03:24 PM] |
| Filing 16 Streamlined request [15], [14], [13] by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, Johnson International, Inc., Johnson Utilities LLC, James Franklin Norton, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC to extend time to file the brief is approved. Amended briefing schedule: Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, Johnson International, Inc., Johnson Utilities LLC, James Franklin Norton, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC opening brief due 09/04/2020. Appellees Tisha Castillo, Karen Christian and Steve Pratt answering brief due 10/05/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11760330] (DLM) [Entered: 07/21/2020 11:07 AM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Johnson International, Inc. and Johnson Utilities LLC. New requested due date is 09/04/2020. [11759983] [20-15814] (Beams, Christian) [Entered: 07/21/2020 09:05 AM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant James Franklin Norton. New requested due date is 09/04/2020. [11759746] [20-15814] (King, William) [Entered: 07/20/2020 08:44 PM] |
| Filing 13 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC. New requested due date is 09/04/2020. [11759653] [20-15814] (Porter, Hannah) [Entered: 07/20/2020 06:16 PM] |
| Filing 12 Terminated participation of Court Reporter Laurie Anne Adams in this case. [11731076] [20-10023, 20-10086, 20-10155, 20-10177, 20-15163, 20-15807, 20-15296, 20-15797, 20-15814, 20-15860, 20-16015, 20-16072, 20-16088, 20-16218] (RY) [Entered: 06/23/2020 02:55 PM] |
| Filing 11 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11702166] (VS) [Entered: 05/27/2020 10:16 AM] |
| Filing 10 MEDIATION ORDER FILED: By 05/21/2020, 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. [11683533] (VS) [Entered: 05/07/2020 11:01 AM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 05/06/2020. 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.[11683037]. [20-15814] (AD) [Entered: 05/06/2020 06:44 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 05/06/2020. 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.[11683034]. [20-15814] (AD) [Entered: 05/06/2020 06:44 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 05/06/2020. 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.[11683031]. [20-15814] (AD) [Entered: 05/06/2020 06:44 PM] |
| Filing 6 Filed (ECF) Appellant James Franklin Norton Mediation Questionnaire. Date of service: 05/06/2020. [11683026] [20-15814] (King, William) [Entered: 05/06/2020 06:36 PM] |
| Filing 5 Filed (ECF) Appellants Johnson International, Inc. and Johnson Utilities LLC Mediation Questionnaire. Date of service: 05/06/2020. [11682949] [20-15814] (Fredenberg, Daniel) [Entered: 05/06/2020 04:53 PM] |
| Filing 4 Filed (ECF) Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC Mediation Questionnaire. Date of service: 05/06/2020. [11682546] [20-15814] (Dangerfield, Mark) [Entered: 05/06/2020 01:34 PM] |
| Filing 3 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 04/29/2020. [11676381] (RT) [Entered: 04/30/2020 08:56 AM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, Johnson International, Inc., Johnson Utilities LLC, James Franklin Norton, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC Mediation Questionnaire due on 05/06/2020. Transcript ordered by 05/27/2020. Transcript due 06/26/2020. Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Jane Doe Johnson, John Doe Johnson, Johnson International, Inc., Johnson Utilities LLC, James Franklin Norton, Pinetop Trust II, Roadrunner Transit LLC and Ultra Management LLC opening brief due 08/05/2020. Appellees Tisha Castillo, Karen Christian and Steve Pratt answering brief due 09/08/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11675512] (RT) [Entered: 04/29/2020 11:28 AM] |
| Filing 1 Filed order (JOHN B. OWENS and MARK J. BENNETT, Circuit Judges) in case no. 20-80051 on 4-27-2020: The court, in its discretion, grants the petition for permission to appeal the district courts order granting class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). Within 14 days after the date of this order, petitioners shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d). [11675503] (RT) [Entered: 04/29/2020 11:26 AM] |
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