Brett Adams v. Skagit Bonded Collectors
| SKAGIT BONDED COLLECTORS, LLC., DBA SB&C Ltd. and SKAGIT BONDED COLLECTORS, LLC, DBA SB&C Ltd. |
| BRETT ADAMS |
| ACA INTERNATIONAL |
| 20-35158 |
| February 24, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| BRETT ADAMS V. SKAGIT BONDED COLLECTORS |
Docket Report
This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.
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Filing 61
Filed order (RONALD M. GOULD, MICHELLE T. FRIEDLAND and STEPHEN R. BOUGH) Skagit Bonded Collectors request to publish the memorandum disposition filed December 2, 2020 (Dkt. [ # 60 ]) is DENIED. [11967344] (WL) [Entered: 01/19/2021 10:00 AM]
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Filing 60
Filed (ECF) Appellee Skagit Bonded Collectors, LLC Correspondence: Letter request to Clerk for publication under Cir. R. 36-4. Date of service: 01/15/2021 [11966060] [20-35158] (Kaminski, David) [Entered: 01/15/2021 02:09 PM]
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Filing 59
MANDATE ISSUED.(RMG, MTF and SRB) [11944765] (RL) [Entered: 12/24/2020 09:00 AM]
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Filing 58
Filed order (RONALD M. GOULD, MICHELLE T. FRIEDLAND and STEPHEN R. BOUGH) Non-party Igor Lukashins request to publish the memorandum disposition filed December 2, 2020 (Dkt. [ # 57 ]) is DENIED. [11924024] (WL) [Entered: 12/11/2020 10:18 AM]
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Filing 57
Filed Non-party filer request for publication. Deficiencies: None. [11916423] (NAC) [Entered: 12/07/2020 09:25 AM]
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Filing 56
Filed clerk order (Deputy Clerk: MM): At the direction of the Court, the parties shall bear their own costs. [11912197] (MM) [Entered: 12/02/2020 10:06 AM]
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Filing 55
FILED MEMORANDUM DISPOSITION (RONALD M. GOULD, MICHELLE T. FRIEDLAND and STEPHEN R. BOUGH) VACATED AND REMANDED WITH INSTRUCTIONS. FILED AND ENTERED JUDGMENT. [11912194] (MM) [Entered: 12/02/2020 10:05 AM]
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Filing 54
Filed clerk order: The amicus brief [ # 31 ] submitted by ACA International is filed. No paper copies are required at this time. [11911638] (KT) [Entered: 12/01/2020 04:29 PM]
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Filing 53
Filed text clerk order (Deputy Clerk: WL): Tthe motion to become amicus curiae by ACA International (Docket Entry # [ # 31 ]) is granted. [11910455] (WL) [Entered: 12/01/2020 09:15 AM]
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Filing 52
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/ [11897815] --[Edited: Backdated entry to reflect correct filing date. 11/18/2020 by TYL] (SB) [Entered: 11/18/2020 01:38 PM]
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Filing 51
ARGUED AND SUBMITTED TO RONALD M. GOULD, MICHELLE T. FRIEDLAND and STEPHEN R. BOUGH. [11896436] (SB) [Entered: 11/17/2020 03:35 PM]
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Filing 50
Filed (ECF) Appellant Brett Adams citation of supplemental authorities. Date of service: 11/16/2020. [11894243] [20-35158] (Thompson, Russell) [Entered: 11/16/2020 01:46 PM]
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Filing 49
Filed (ECF) Acknowledgment of hearing notice by Attorney Charles Messer for Appellee Skagit Bonded Collectors, LLC. Hearing in Seattle on 11/17/2020 at 1:30 P.M. (Courtroom: Courtroom #2). 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: 10/14/2020. [11858210] [20-35158] (Messer, Charles) [Entered: 10/14/2020 11:42 AM]
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Filing 48
Filed (ECF) Acknowledgment of hearing notice by Attorney Russell S. Thompson, IV for Appellant Brett Adams. Hearing in Seattle on 11/17/2020 at 1:30 P.M. (Courtroom: Courtroom 2). 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: 10/02/2020. [11845197] [20-35158] (Thompson, Russell) [Entered: 10/02/2020 10:03 AM]
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Filing 47
Notice of Oral Argument on Tuesday, November 17, 2020 - 1:30 P.M. - SE 7th Flr Courtroom 2 - Scheduled Location: Seattle WA. 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, November 17, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11844952]. [20-35158] (AW) [Entered: 10/02/2020 08:39 AM]
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Filing 46
Received 6 paper copies of Supplemental Brief [ # 44 ] filed by Skagit Bonded Collectors, LLC (sent to panel). [11833401] (DB) [Entered: 09/22/2020 04:21 PM]
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Filing 45
Filed clerk order: The supplemental brief [ # 44 ] submitted by Skagit Bonded Collectors, LLC 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. [11829560] (KT) [Entered: 09/18/2020 02:50 PM]
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Filing 44
Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Skagit Bonded Collectors, LLC. Date of service: 09/18/2020. [11829357] [20-35158] (Kaminski, David) [Entered: 09/18/2020 01:39 PM]
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Filing 43
Received 6 paper copies of Supplemental Brief [ # 41 ] filed by Brett Adams (sent to panel). [11828386] (DB) [Entered: 09/17/2020 05:04 PM]
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Filing 42
Filed clerk order: The supplemental brief [ # 41 ] submitted by Brett Adams 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. [11817444] (KT) [Entered: 09/09/2020 11:23 AM]
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Filing 41
Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Brett Adams. Date of service: 09/08/2020. [11816736] [20-35158] (Thompson, Russell) [Entered: 09/08/2020 06:06 PM]
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Filing 40
Notice of Oral Argument on Tuesday, November 17, 2020 - 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, 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, November 17, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11814788]. [20-35158] (AW) [Entered: 09/06/2020 06:19 AM]
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Filing 39
Filed clerk order (Deputy Clerk: WL): The parties are ordered to file briefs, not to exceed 10 pages, discussing whether Plaintiff-Appellant has Article III standing in this case. Plaintiff-Appellant shall file his brief no later than September 8, 2020. Defendant-Appellee shall file its brief no later than September 18, 2020. No reply brief shall be permitted absent further order from the court. [11806311] (WL) [Entered: 08/28/2020 01:47 PM]
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Filing 38
Received 6 paper copies of Reply Brief [ # 36 ] filed by Brett Adams. [11793973] (DB) [Entered: 08/18/2020 03:53 PM]
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Filing 37
Filed clerk order: The reply brief [ # 36 ] submitted by Brett Adams 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. [11786866] (KT) [Entered: 08/12/2020 02:55 PM]
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Filing 36
Submitted (ECF) Reply Brief for review. Submitted by Appellant Brett Adams. Date of service: 08/12/2020. [11786633] [20-35158] (Thompson, Russell) [Entered: 08/12/2020 01:31 PM]
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Filing 35
Received 6 paper copies of Amicus Brief [ # 31 ] filed by ACA International. [11783721] (DB) [Entered: 08/10/2020 03:44 PM]
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Filing 34
Filed clerk order (Deputy Clerk: LBS): The motion of ACA International for leave to file an amicus curiae brief (Docket Entry No. [ # 31 ]) and any responses thereto are referred for resolution to the panel that will consider the merits of the case. Within 7 days after the date of this order, amicus curiae is ordered to file 6 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the courts website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11778564] (OC) [Entered: 08/05/2020 02:12 PM]
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Filing 33
Filed (ECF) Attorney Mr. David J. Kaminski for Appellee Skagit Bonded Collectors, LLC. response to notice for case being considered for oral argument. Date of service: 07/29/2020. [11770661] [20-35158] (Kaminski, David) [Entered: 07/29/2020 12:10 PM]
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Filing 32
Entered appearance of Amicus Curiae - Pending ACA International. [11770606] (KT) [Entered: 07/29/2020 11:47 AM]
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Filing 31
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by ACA International. Date of service: 07/29/2020. [11770599]--[COURT ENTERED FILING to correct entry [30].] (KT) [Entered: 07/29/2020 11:44 AM]
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Filing 30
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 31 ]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Opposed Motion for Leave to File Brief on Behalf of ACA International as Amicus Curiae in Support of Appellee and Affirmance. Date of service: 07/29/2020. [11770325] [20-35158] (Drummond, Dylan) [Entered: 07/29/2020 10:10 AM]
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Filing 29
Received 6 paper copies of the Amended Opening Brief [ # 14 ] filed by Brett Adams. [11769943] (SD) [Entered: 07/28/2020 04:46 PM]
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Filing 28
Received 3 paper copies of excerpts of record [ # 15 ] in 1 volume(s) filed by Appellant Brett Adams. [11769445] (KWG) [Entered: 07/28/2020 01:56 PM]
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Filing 27
Filed (ECF) Attorney Russell S. Thompson, IV for Appellant Brett Adams response to notice for case being considered for oral argument. Date of service: 07/27/2020. [11767177] [20-35158] (Thompson, Russell) [Entered: 07/27/2020 12:16 PM]
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Filing 26
This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for November 2020 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).[11766507]. [20-35158] (AW) [Entered: 07/27/2020 08:51 AM]
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Filing 25
Received 6 paper copies of Answering Brief [ # 21 ] filed by Skagit Bonded Collectors, LLC.. [11766063] (SD) [Entered: 07/25/2020 11:01 AM]
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Filing 24
Received 3 paper copies of supplemental excerpts of record [ # 22 ] in 1 volume(s) filed by Appellee Skagit Bonded Collectors, LLC. [11764417] (LA) [Entered: 07/23/2020 05:08 PM]
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Filing 23
Filed clerk order: The answering brief [ # 21 ] submitted by Appellee Skagit Bonded Collectors, LLC. is filed. The supplemental excerpts of record [ # 22 ] submitted by Appellee Skagit Bonded Collectors, LLC. are filed. The Court previously filed the brief [ # 14 ] and excerpts of record [ # 15 ] submitted by Appellant Brett Adams. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brie must be blue. The covers of the answering brief must be red. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of 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. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11762143] (KT) [Entered: 07/22/2020 01:26 PM]
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Filing 22
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Skagit Bonded Collectors, LLC.. Date of service: 07/22/2020. [11762080] [20-35158] (Kaminski, David) [Entered: 07/22/2020 01:03 PM]
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Filing 21
Submitted (ECF) Answering Brief for review. Submitted by Appellee Skagit Bonded Collectors, LLC.. Date of service: 07/22/2020. [11762072] [20-35158] (Kaminski, David) [Entered: 07/22/2020 01:01 PM]
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Filing 20
Streamlined request [19] by Appellee Skagit Bonded Collectors, LLC. to extend time to file the brief is approved. Amended briefing schedule: Appellee Skagit Bonded Collectors, LLC. answering brief due 07/22/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11723285] (JN) [Entered: 06/16/2020 10:43 AM]
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Filing 19
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Skagit Bonded Collectors, LLC.. New requested due date is 07/22/2020. [11723208] [20-35158] (Kaminski, David) [Entered: 06/16/2020 10:14 AM]
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Filing 18
Filed clerk order: The amended opening brief [ # 14 ] and excerpts of record [ # 15 ] submitted by Brett Adams are filed. No paper copies are required at this time. [11708594] (SML) [Entered: 06/02/2020 02:08 PM]
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Filing 17
Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 16 ]) to file a corrected opening brief is granted. The Clerk will strike the opening brief submitted at Docket Entry No. [13] and file the corrected opening brief submitted at Docket Entry No. [ # 14 ]. The answering brief remains due June 22, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11708143] (OC) [Entered: 06/02/2020 11:20 AM]
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Filing 16
Filed (ECF) Appellant Brett Adams Unopposed Motion to file substitute or corrected brief. Date of service: 05/21/2020. [11698611] [20-35158]--[COURT UDPATE: Removed duplicate PDF file of the brief incorrectly attached to the motion. 05/26/2020 by SML] (Thompson, Russell) [Entered: 05/21/2020 06:13 PM]
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Filing 15
Submitted (ECF) excerpts of record. Submitted by Appellant Brett Adams. Date of service: 05/21/2020. [11697942] [20-35158]--[COURT UPDATE: Attached corrected excerpts. 05/26/2020 by SML] (Thompson, Russell) [Entered: 05/21/2020 12:43 PM]
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Filing 14
Submitted (ECF) Opening Brief for review. Submitted by Appellant Brett Adams. Date of service: 05/21/2020. [11697938] [20-35158]--[COURT UPDATE: Attached corrected brief. 05/26/2020 by SML] (Thompson, Russell) [Entered: 05/21/2020 12:42 PM]
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Filing 13
STRICKEN PER ORDER [ # 17 ] Submitted (ECF) Opening Brief for review. Submitted by Appellant Brett Adams. Date of service: 05/21/2020. [11697847] [20-35158] (Thompson, Russell) [Entered: 05/21/2020 11:41 AM]
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Filing 12
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. [11690535] (LW) [Entered: 05/14/2020 09:23 AM]
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Filing 11
Streamlined request [10] by Appellant Brett Adams to extend time to file the brief is approved. Amended briefing schedule: Appellant Brett Adams opening brief due 05/21/2020. Appellee Skagit Bonded Collectors, LLC. answering brief due 06/22/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11663212] (JN) [Entered: 04/16/2020 01:52 PM]
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Filing 10
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Brett Adams. New requested due date is 05/21/2020. [11663092] [20-35158] (Thompson, Russell) [Entered: 04/16/2020 01:07 PM]
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Filing 9
MEDIATION ORDER FILED: By 03/17/2020, 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. [11616710] (LW) [Entered: 03/03/2020 01:52 PM]
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Filing 8
The Mediation Questionnaire for this case was filed on 02/28/2020. 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.[11613711]. [20-35158] (AD) [Entered: 02/28/2020 06:44 PM]
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Filing 7
Filed (ECF) Appellant Brett Adams Mediation Questionnaire. Date of service: 02/28/2020. [11613488] [20-35158] (Thompson, Russell) [Entered: 02/28/2020 03:59 PM]
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Filing 6
Added Attorney(s) Russell S. Thompson IV for party(s) Appellant Brett Adams. [11613404] (RL) [Entered: 02/28/2020 03:39 PM]
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Filing 5
Filed (ECF) notice of appearance of Russell S. Thompson, IV (Thompson Consumer Law Group, PC, 5235 E. Southern Ave., D106-618, Mesa, AZ 85206) for Appellant Brett Adams. Date of service: 02/28/2020. (Party was previously proceeding with counsel.) [11613328] [20-35158] (Thompson, Russell) [Entered: 02/28/2020 03:14 PM]
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Filing 4
Added Attorney(s) Charles Messer, David J. Kaminski for party(s) Appellee Skagit Bonded Collectors, LLC.. [11608026] (RL) [Entered: 02/25/2020 11:16 AM]
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Filing 3
Filed (ECF) notice of appearance of Charles R. Messer (CARLSON & MESSER LLP 5901 West Century Boulevard, Suite #1200, Los Angeles, CA 90045) for Appellee Skagit Bonded Collectors, LLC.. Date of service: 02/24/2020. (Party was previously proceeding with counsel.) [11607438] [20-35158] (Messer, Charles) [Entered: 02/24/2020 05:13 PM]
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Filing 2
Filed (ECF) notice of appearance of David J. Kaminski (CARLSON & MESSER LLP 5901 West Century Boulevard, Suite #1200, Los Angeles, CA 90045) for Appellee Skagit Bonded Collectors, LLC.. Date of service: 02/24/2020. (Party was previously proceeding with counsel.) [11607432] [20-35158] (Kaminski, David) [Entered: 02/24/2020 05:10 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Brett Adams Mediation Questionnaire due on 03/02/2020. Appellant Brett Adams opening brief due 04/21/2020. Appellee Skagit Bonded Collectors, LLC. answering brief due 05/21/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11606284] (JPD) [Entered: 02/24/2020 10:54 AM]
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