David Cottrell v. AT&T Inc., et al
| DAVID COTTRELL |
| DIRECTV, LLC, AT&T INC. and PACIFIC BELL CO. |
| 20-16162 |
| June 15, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Fraud |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 51
MANDATE ISSUED.(RLG, RMG and EDM) [12332790] (RL) [Entered: 01/06/2022 08:37 AM]
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Filing 50
Filed order (RONALD LEE GILMAN, RONALD M. GOULD and ERIC D. MILLER) The panel has unanimously voted to deny appellees petition for rehearing. Judge Gould and Judge Miller have voted to deny the petition for rehearing en banc, and Judge Gilman so recommends. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petitions for rehearing and rehearing en banc are DENIED. [12326984] (OC) [Entered: 12/29/2021 11:15 AM]
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Filing 49
Filed (ECF) Appellee David Cottrell petition for panel rehearing and petition for rehearing en banc (from 10/26/2021 memorandum). Date of service: 11/09/2021. [12283554] [20-16162] (Gould, Benjamin) [Entered: 11/09/2021 05:30 PM]
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Filing 48
FILED MEMORANDUM DISPOSITION (RONALD LEE GILMAN, RONALD M. GOULD and ERIC D. MILLER) REVERSED and REMANDED. FILED AND ENTERED JUDGMENT. [12268713] (JN) [Entered: 10/26/2021 09:51 AM]
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Filing 47
Case resubmitted on this date to RLG, RMG and EDM Order filed 10/07/2021 [12251162] (WL) [Entered: 10/07/2021 02:45 PM]
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Filing 46
Filed order (RONALD LEE GILMAN, RONALD M. GOULD and ERIC D. MILLER) The stay of proceedings entered on July 15, 2021 is lifted and the appeal is resubmitted as of this date. [12251160] (WL) [Entered: 10/07/2021 02:45 PM]
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Filing 45
Received 6 paper copies of Supplemental Brief [ # 41 ] filed by Appellants. (sent to panel) [12250705] (SD) [Entered: 10/07/2021 11:54 AM]
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Filing 44
Received 6 paper copies of Supplemental Brief [ # 40 ] filed by David Cottrell. (sent to panel) [12250654] (SD) [Entered: 10/07/2021 11:30 AM]
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Filing 43
Filed clerk order: The supplemental brief [ # 40 ] submitted by David Cottrell 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12246456] (KT) [Entered: 10/04/2021 12:57 PM]
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Filing 42
Filed clerk order: The supplemental brief [ # 41 ] 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12245861] (KT) [Entered: 10/04/2021 07:57 AM]
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Filing 41
Submitted (ECF) Supplemental Brief for review. Submitted by Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co.. Date of service: 10/01/2021. [12245658] [20-16162] (Tager, Evan) [Entered: 10/01/2021 05:13 PM]
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Filing 40
Submitted (ECF) Supplemental Brief for review. Submitted by Appellee David Cottrell. Date of service: 10/01/2021. [12245620] [20-16162]--[COURT UPDATE: attached corrected PDF of supplemental brief. 10/04/2021 by KT] (Gould, Benjamin) [Entered: 10/01/2021 04:55 PM]
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| Filing 39 Filed order (RONALD LEE GILMAN, RONALD M. GOULD and ERIC D. MILLER) Submission is vacated and appellate proceedings are held in abeyance pending this courts disposition in Hodges v. Comcast Cable Communications, No. 19-16483. Within 21 days of the issuance of this courts disposition in Hodges, the parties shall each file a supplemental brief of up to 10 pages discussing the implications of the disposition, if any, on this case. [12173594] (WL) [Entered: 07/15/2021 01:29 PM] |
| Filing 38 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/ [12138790] (SB) [Entered: 06/09/2021 11:27 AM] |
| Filing 37 ARGUED AND SUBMITTED TO RONALD LEE GILMAN, RONALD M. GOULD and ERIC D. MILLER. [12138027] (SB) [Entered: 06/08/2021 04:04 PM] |
| Filing 36 Filed clerk order (Deputy Clerk: WL): At oral argument, the parties should be prepared to discuss Maldonado v. Fast Auto Loans, Inc., 275 Cal. Rptr. 3d 82 (Ct. App. 2021), and Mejia v. DACM Inc., 268 Cal. Rptr. 3d 642 (Ct. App. 2020). [12126399] (WL) [Entered: 05/27/2021 09:19 AM] |
| Filing 35 Filed (ECF) Acknowledgment of hearing notice by Attorney Benjamin Gould for Appellee David Cottrell. Hearing in Seattle on 06/08/2021 at 09:30 A.M. (Courtroom: Courtroom 2). 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: 04/29/2021. [12096487] [20-16162] (Gould, Benjamin) [Entered: 04/29/2021 09:17 AM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Evan Mark Tager for Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co.. Hearing in Seattle on 06/08/2021 at 09:30 A.M. (Courtroom: 2). 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: 04/29/2021. [12096352] [20-16162] (Tager, Evan) [Entered: 04/29/2021 08:11 AM] |
| Filing 33 Notice of Oral Argument on Tuesday, June 8, 2021 - 09:30 A.M. - SE 7th Flr Courtroom 2 - Scheduled Location: Seattle WA. The hearing time is the local time zone at the scheduled hearing location. 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 with all attorneys appearing remotely by video or telephone. The court strongly prefers video arguments whenever possible. 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, June 8, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12055664]. [20-16162] (KS) [Entered: 03/28/2021 06:11 AM] |
| Filing 32 This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for June 2021 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).[12006065]. [20-16162] (KS) [Entered: 02/17/2021 09:41 AM] |
| Filing 31 Received 6 paper copies of Reply Brief [ # 29 ] filed by Appellants. [12005391] (SD) [Entered: 02/16/2021 04:55 PM] |
| Filing 30 Filed clerk order: The reply brief [ # 29 ] 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. [12000748] (KT) [Entered: 02/11/2021 12:40 PM] |
| Filing 29 Submitted (ECF) Reply Brief for review. Submitted by Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co.. Date of service: 02/11/2021. [12000723] [20-16162] (Tager, Evan) [Entered: 02/11/2021 12:22 PM] |
| Filing 28 Filed (ECF) Attorney Maxwell Goins for Appellee David Cottrell response to notice for case being considered for oral argument. Date of service: 01/12/2021. [11960707] [20-16162] (Goins, Maxwell) [Entered: 01/12/2021 11:42 AM] |
| Filing 27 Added Attorney(s) Maxwell Goins for party(s) Appellee David Cottrell. [11960682] (RL) [Entered: 01/12/2021 11:37 AM] |
| Filing 26 Filed (ECF) Attorney Benjamin Gould for Appellee David Cottrell response to notice for case being considered for oral argument. Date of service: 01/12/2021. [11960622] [20-16162] (Gould, Benjamin) [Entered: 01/12/2021 11:14 AM] |
| Filing 25 Filed (ECF) notice of appearance of Maxwell H. Goins (Keller Rohrback LLP, 1201 3rd Avenue, Suite 3200, Seattle, WA 98101) for Appellee David Cottrell. Date of service: 01/12/2021. (Party was previously proceeding with counsel.) [11960588] [20-16162] (Goins, Maxwell) [Entered: 01/12/2021 11:03 AM] |
| Filing 24 This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for May 2021 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).[11957788]. [20-16162] (AW) [Entered: 01/08/2021 04:41 PM] |
| Filing 23 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 22 ] (ECF Filing) filed by Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co.; The optional reply brief is due 02/11/2021. [11931936] (GS) [Entered: 12/17/2020 04:07 PM] |
| Filing 22 Filed (ECF) Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co. Unopposed Motion to extend time to file Reply brief until 02/11/2021. Date of service: 12/15/2020. [11928437] [20-16162] (Parasharami, Archis) [Entered: 12/15/2020 01:44 PM] |
| Filing 21 Received 6 paper copies of Answering Brief [ # 18 ] filed by David Cottrell. [11924584] (SD) [Entered: 12/11/2020 02:18 PM] |
| Filing 20 Terminated Mark Adam Griffin for David Cottrell in 20-16162 (due to incorrect ECF contact information) [11921059] (RY) [Entered: 12/09/2020 04:27 PM] |
| Filing 19 Filed clerk order: The answering brief [ # 18 ] submitted by David Cottrell 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. [11918468] (KT) [Entered: 12/08/2020 10:22 AM] |
| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellee David Cottrell. Date of service: 12/07/2020. [11917660] [20-16162] (Gould, Benjamin) [Entered: 12/07/2020 04:25 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 16 ] (ECF Filing) filed by Appellee David Cottrell; Appellee David Cottrell answering brief due 12/07/2020. The optional reply brief is due 21 days after service of the answering brief. [11897051] (GS) [Entered: 11/18/2020 09:25 AM] |
| Filing 16 Filed (ECF) Appellee David Cottrell Motion to extend time to file Answering brief until 12/07/2020. Date of service: 11/17/2020. [11896603] [20-16162] (Gould, Benjamin) [Entered: 11/17/2020 04:39 PM] |
| Filing 15 Streamlined request [14] by Appellee David Cottrell to extend time to file the brief is approved. Amended briefing schedule: Appellee David Cottrell answering brief due 11/25/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11848956] (JN) [Entered: 10/06/2020 10:57 AM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee David Cottrell. New requested due date is 11/25/2020. [11848771] [20-16162] (Gould, Benjamin) [Entered: 10/06/2020 10:02 AM] |
| Filing 13 Received 6 paper copies of Opening Brief [ # 9 ] filed by appellants. [11842338] (MAE) [Entered: 09/30/2020 12:21 PM] |
| Filing 12 Received 3 paper copies of excerpts of record [ # 10 ] in 2 volume(s) filed by Appellants. [11842219] (LA) [Entered: 09/30/2020 11:35 AM] |
| Filing 11 Filed clerk order: The opening brief [ # 9 ] 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 [ # 10 ] 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. [11837562] (KT) [Entered: 09/25/2020 03:33 PM] |
| Filing 10 Submitted (ECF) excerpts of record. Submitted by Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co.. Date of service: 09/25/2020. [11837048] [20-16162] (Tager, Evan) [Entered: 09/25/2020 11:49 AM] |
| Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co.. Date of service: 09/25/2020. [11837010] [20-16162] (Tager, Evan) [Entered: 09/25/2020 11:37 AM] |
| Filing 8 Added Attorney(s) Evan Mark Tager for party(s) Appellant DIRECTV, LLC, Appellant AT&T Inc. and Appellant Pacific Bell Co., in case 20-16162. [11836982] (QDL) [Entered: 09/25/2020 11:24 AM] |
| Filing 7 Filed (ECF) notice of appearance of Evan Mark Tager (Mayer Brown LLP, 1999 K Street, N.W., Washington, D.C. 20006-1101) for Appellants AT&T Inc., Pacific Bell Co. and DIRECTV, LLC. Date of service: 09/25/2020. (Party was previously proceeding with counsel.) [11836960] [20-16162] (Tager, Evan) [Entered: 09/25/2020 11:14 AM] |
| Filing 6 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. [11767467] (CL) [Entered: 07/27/2020 01:56 PM] |
| Filing 5 Filed order MEDIATION (KS): A dial-in telephone conference with counsel for appellee only will be held on July 21, 2020, at 2:00 p.m. Pacific Time. A dial-in telephone conference with counsel for appellant only will be held on July 23, 2020, at 10:00 a.m. Pacific Time. Each participant will receive an email with dial-in information. Please notify the Mediation Office at mediation@ca9.uscourts.gov if counsel does not receive an email or if additional participants should be added. The briefing schedule previously set by the court is amended as follows: appellants' opening brief is due September 25, 2020; appellee's answering brief is due October 26, 2020; appellants optional reply brief is due within 21 days from the service date of the answering brief. [11755645] (OC) [Entered: 07/16/2020 03:10 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 07/14/2020, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11738677] (CL) [Entered: 06/30/2020 03:15 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 06/22/2020. 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.[11729220]. [20-16162] (AD) [Entered: 06/22/2020 12:44 PM] |
| Filing 2 Filed (ECF) Appellants AT&T Inc., Pacific Bell Co. and DIRECTV, LLC Mediation Questionnaire. Date of service: 06/22/2020. [11728865] [20-16162] (Parasharami, Archis) [Entered: 06/22/2020 09:57 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co. Mediation Questionnaire due on 06/22/2020. Appellants AT&T Inc., DIRECTV, LLC and Pacific Bell Co. opening brief due 08/11/2020. Appellee David Cottrell answering brief due 09/10/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11721461] (JBS) [Entered: 06/15/2020 10:32 AM] |
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