Judy Szwanek, et al v. Jack in the Box, Inc., et al
| DIFFERENT RULES, LLC, ARGO HOSPITALITY SERVICES, INC., THREE POWERS FOODS, INC. and JACK IN THE BOX, INC. |
| JUDY SZWANEK and JAMES LOPEZ II, individually and on behalf of all others similarly situated |
| 20-16942 |
| October 6, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| JUDY SZWANEK V. JACK IN THE BOX, INC. |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 37
Filed (ECF) Appellants James Lopez, II and Judy Szwanek petition for rehearing en banc (from 11/03/2021 opinion). Date of service: 11/17/2021. [12289928] [20-16942] --[COURT UPDATE: Attached PDF of memorandum. 11/17/2021 by TYL] (Costales, Roberto) [Entered: 11/17/2021 10:22 AM]
|
|
Filing 36
FILED MEMORANDUM DISPOSITION WITH DISSENT (PAUL J. WATFORD, ANDREW D. HURWITZ and M. MILLER BAKER) AFFIRMED. FILED AND ENTERED JUDGMENT. [12276655] (AKM) [Entered: 11/03/2021 08:44 AM]
|
|
Filing 35
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/ [12261293] (BJK) [Entered: 10/19/2021 11:09 AM]
|
|
Filing 34
ARGUED AND SUBMITTED TO PAUL J. WATFORD, ANDREW D. HURWITZ and M. MILLER BAKER. [12259803] (WWP) [Entered: 10/18/2021 11:45 AM]
|
|
Filing 33
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Don Willenburg, Esquire for Appellees Different Rules, LLC and Jack in the Box, Inc.. Hearing in San Francisco on 10/18/2021 at 09:30 A.M. (Courtroom: Courtroom 1). 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: 09/27/2021. [12240278] [20-16942] (Willenburg, Don) [Entered: 09/27/2021 02:51 PM]
|
|
Filing 32
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Roberto Luis Costales, Esquire for Appellants James Lopez, II and Judy Szwanek. Hearing in San Francisco on 10/18/2021 at 09:30 A.M. (Courtroom: 1). Filer sharing argument time: Yes. (Argument minutes: 5.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/27/2021. [12239909] [20-16942] (Costales, Roberto) [Entered: 09/27/2021 12:39 PM]
|
|
Filing 31
Notice of Oral Argument on Monday, October 18, 2021 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. 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, you will have the option to appear in person at the Courthouse or remotely by video. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. 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 Monday, October 18, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12194843]. [20-16942] (KS) [Entered: 08/08/2021 06:12 AM]
|
|
Filing 30
Terminated Scott Michael McLeod for Different Rules, LLC in 20-16942 (Contact information is out of date) [12144806] (TYL) [Entered: 06/15/2021 01:12 PM]
|
|
Filing 29
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for October 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).[12135310]. [20-16942] (KS) [Entered: 06/07/2021 09:21 AM]
|
|
Filing 28
Received 6 paper copies of Reply Brief [ # 26 ] filed by James Lopez, II and Judy Szwanek. [12114778] (CPA) [Entered: 05/17/2021 10:02 AM]
|
|
Filing 27
Filed clerk order: The reply brief [ # 26 ] submitted by James Lopez, II and Judy Szwanek 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. [12108224] (KT) [Entered: 05/10/2021 04:15 PM]
|
|
Filing 26
Submitted (ECF) Reply Brief for review. Submitted by Appellants James Lopez, II and Judy Szwanek. Date of service: 05/10/2021. [12108213]--[COURT ENTERED FILING to correct entry [25].] (KT) [Entered: 05/10/2021 04:11 PM]
|
|
Filing 25
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 26 ]. Original Text: Filed (ECF) Appellants James Lopez, II and Judy Szwanek reply to response (). Date of service: 05/10/2021. [12108099] [20-16942] (Costales, Roberto) [Entered: 05/10/2021 03:26 PM]
|
|
Filing 24
Received 6 paper copies of Answering Brief [ # 21 ] filed by Different Rules, LLC. and Jack in the Box, Inc. [12082321] (SD) [Entered: 04/21/2021 01:27 PM]
|
|
Filing 23
Filed clerk order: The answering brief [ # 21 ] submitted by Different Rules, LLC and Jack in the Box, 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12078377] (KT) [Entered: 04/19/2021 08:36 AM]
|
|
Filing 22
Filed (ECF) Appellees Argo Hospitality Services, Inc. and Three Powers Foods, Inc. joinder to brief [ # 21 ] submitted by Appellees Different Rules, LLC, Different Rules, LLC and Jack in the Box, Inc.. Date of service: 04/18/2021. [12078205] [20-16942] (Abraham, Stephen) [Entered: 04/18/2021 10:30 AM]
|
|
Filing 21
Submitted (ECF) Answering Brief for review. Submitted by Appellees Different Rules, LLC and Jack in the Box, Inc.. Date of service: 04/16/2021. [12077624] [20-16942] (Willenburg, Don) [Entered: 04/16/2021 02:20 PM]
|
|
Filing 20
Streamlined request [19], [18] by Appellee Jack in the Box, Inc. to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Argo Hospitality Services, Inc., Different Rules, LLC, Jack in the Box, Inc. and Three Powers Foods, Inc. answering brief due 04/19/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12028732] (BG) [Entered: 03/09/2021 08:05 AM]
|
|
Filing 19
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Argo Hospitality Services, Inc. and Three Powers Foods, Inc.. New requested due date is 04/16/2021. [12028535] [20-16942] (Abraham, Stephen) [Entered: 03/08/2021 08:28 PM]
|
|
Filing 18
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Jack in the Box, Inc.. New requested due date is 04/16/2021. [12028533] [20-16942] (Willenburg, Don) [Entered: 03/08/2021 08:24 PM]
|
|
Filing 17
Attorneys Scott Michael McLeod a substituted by Attorneys Don Willenburg[12015103] (JFF) [Entered: 02/24/2021 11:44 AM]
|
|
Filing 16
Filed (ECF) notice of appearance of Don Willenburg (Gordon Rees Scully Mansukhani, LLP, 1111 Broadway, Suite 1700, Oakland, CA 94607) for Appellee Jack in the Box, Inc.. Substitution for Attorney Scott Michael McLeod for Appellees Different Rules, LLC, Different Rules, LLC and Jack in the Box, Inc.. Date of service: 02/24/2021. (Party was previously proceeding with counsel.) [12014993] [20-16942] (Willenburg, Don) [Entered: 02/24/2021 11:08 AM]
|
|
Filing 15
Received 3 paper copies of excerpts of record [ # 10 ] in 1 volume(s) filed by Appellants James Lopez, II and Judy Szwanek. [12014097] (KWG) [Entered: 02/23/2021 03:28 PM]
|
|
Filing 14
Received correction to deficient excerpts of record [ # 10 ] from Appellants James Lopez, II and Judy Szwanek: replacement copies that match electronic version. [12014096] (KWG) [Entered: 02/23/2021 03:28 PM]
|
|
Filing 13
Received 6 paper copies of Opening Brief [ # 9 ] filed by James Lopez, II and Judy Szwanek. [12012323] (SD) [Entered: 02/22/2021 03:36 PM]
|
|
Filing 12
Received Appellants James Lopez, II and Judy Szwanek 3 paper copies of excerpts of record [ # 10 ] in 1 volume(s). Deficiency: paper copies do not match electronic version (page numbers are cut off). Corrections required (see attached notice). [12012197] (KWG) [Entered: 02/22/2021 02:57 PM]
|
|
Filing 11
Filed clerk order: The opening brief [ # 9 ] submitted by James Lopez, II and Judy Szwanek 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 James Lopez, II and Judy Szwanek 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. [12004941] (KT) [Entered: 02/16/2021 03:16 PM]
|
|
Filing 10
Submitted (ECF) excerpts of record. Submitted by Appellants James Lopez, II and Judy Szwanek. Date of service: 02/16/2021. [12004119] [20-16942] (Costales, Roberto) [Entered: 02/16/2021 11:47 AM]
|
|
Filing 9
Submitted (ECF) Opening Brief for review. Submitted by Appellants James Lopez, II and Judy Szwanek. Date of service: 02/16/2021. [12004101] [20-16942] (Costales, Roberto) [Entered: 02/16/2021 11:45 AM]
|
| Filing 8 Filed order MEDIATION (SMC): This case is RELEASED from the Mediation Program. The briefing schedule previously set by the court is amended as follows: appellants' opening brief is due February 16, 2021; appellees' answering brief is due March 18, 2021; appellants' optional reply brief is due within 21 days from the service date of the answering brief. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [11912355] (OC) [Entered: 12/02/2020 10:54 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 12/01/2020, 11:30 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11867489] (BLS) [Entered: 10/21/2020 03:07 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 10/20/2020. 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.[11865476]. [20-16942] (AD) [Entered: 10/20/2020 12:44 PM] |
| Filing 5 Filed (ECF) Appellants James Lopez, II and Judy Szwanek Mediation Questionnaire. Date of service: 10/20/2020. [11864915] [20-16942] (Costales, Roberto) [Entered: 10/20/2020 08:58 AM] |
| Filing 4 Added Attorney(s) Roberto Luis Costales for party(s) Appellant Judy Szwanek Appellant James Lopez II, in case 20-16942. [11863703] (JFF) [Entered: 10/19/2020 01:17 PM] |
| Filing 3 Filed (ECF) notice of appearance of Roberto Luis Costales (Beaumont Costales, 107 W. Van Buren, Suite 209, Chicago, Illinois 60605) for Appellants James Lopez, II and Judy Szwanek. Date of service: 10/19/2020. (Party was previously proceeding with counsel.) [11863499] [20-16942] (Costales, Roberto) [Entered: 10/19/2020 11:30 AM] |
| Filing 2 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellants have filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [11860374] (LW) [Entered: 10/15/2020 02:45 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants James Lopez II and Judy Szwanek Mediation Questionnaire due on 10/13/2020. Transcript ordered by 11/04/2020. Transcript due 12/04/2020. Appellants James Lopez II and Judy Szwanek opening brief due 01/13/2021. Appellees Argo Hospitality Services, Inc., Different Rules, LLC, Jack in the Box, Inc. and Three Powers Foods, Inc. answering brief due 02/16/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11849768] (RT) [Entered: 10/06/2020 04:03 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
