Matthew Greene v. Harley-Davidson, Inc., et al
| DOES, 1 through 10, inclusive |
| MATTHEW D. GREENE, an individual, on behalf of himself, the proposed class(es), all others similarly situated, and on behalf of the general public |
| HARLEY-DAVIDSON MOTOR COMPANY OPERATIONS, INC., a Wisconsin corporation, HARLEY-DAVIDSON MOTOR COMPANY, INC., a Wisconsin corporation and HARLEY-DAVIDSON, INC., a Wisconsin corporation |
| 20-55281 |
| March 16, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on May 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 ARGUED AND SUBMITTED TO DANIEL PAUL COLLINS, KENNETH K. LEE and GREGORY A. PRESNELL. [11690699] (DLM) [Entered: 05/14/2020 10:56 AM] |
| Filing 36 Received 6 paper copies of Reply Brief [ # 32 ] filed by Matthew D. Greene. (sent to panel) [11674103] (KWG) [Entered: 04/28/2020 10:36 AM] |
| Filing 35 Received 6 paper copies of Reply Brief [ # 30 ] filed by appellants. (sent to panel) [11674102] (KWG) [Entered: 04/28/2020 10:35 AM] |
| Filing 34 Filed clerk order: The reply brief [ # 32 ] submitted by Matthew D. Greene is filed. Appellee is ordered to file 6 copies of the brief in paper format for delivery to the Court by 12:00 p.m. Pacific Time on Tuesday, April 28, 2020, 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. [11673139] (LA) [Entered: 04/27/2020 03:46 PM] |
| Filing 33 Filed clerk order: The reply brief [ # 30 ] submitted by appellants is filed. Appellants are ordered to file 6 copies of the brief in paper format for delivery to the Court by 12:00 p.m. Pacific Time on Tuesday, April 28, 2020, 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. [11673122] (LA) [Entered: 04/27/2020 03:43 PM] |
| Filing 32 Submitted (ECF) Reply Brief for review. Submitted by Appellee Matthew D. Greene. Date of service: 04/27/2020. [11673115]--[COURT ENTERED FILING to replace entry [31].] (LA) [Entered: 04/27/2020 03:40 PM] |
| Filing 31 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 32 ]. Original Text: Filed (ECF) Appellee Matthew D. Greene reply to response to Court order dated 04/20/2020. Date of service: 04/27/2020. [11673101] [20-55281] (Hyslop, Ross) [Entered: 04/27/2020 03:36 PM] |
| Filing 30 Submitted (ECF) Reply Brief for review. Submitted by Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc.. Date of service: 04/27/2020. [11673100] [20-55281] (Webster, Cory) [Entered: 04/27/2020 03:36 PM] |
| Filing 29 Filed (ECF) Acknowledgment of hearing notice by Attorney James S. Azadian for Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc.. Hearing in Pasadena on 05/14/2020 at 09:00 A.M. (Courtroom: Courtroom 1). 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: 04/22/2020. [11668278] [20-55281] (Azadian, James) [Entered: 04/22/2020 11:09 AM] |
| Filing 28 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Ross Hyslop, Esquire for Appellee Matthew D. Greene. Hearing in Pasadena on 05/14/2020 at 09:00 A.M. (Courtroom: 1). 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: 04/22/2020. [11668243] [20-55281] (Hyslop, Ross) [Entered: 04/22/2020 10:55 AM] |
| Filing 27 Notice of Oral Argument on Thursday, May 14, 2020 - 09:00 A.M. - Courtroom 1 - Previously Scheduled Location: Pasadena CA. 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 remotely with all of the judges and attorneys appearing by video or telephone. Your 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 your 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, May 14, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11668209]. [20-55281] (AW) [Entered: 04/22/2020 10:38 AM] |
| Filing 26 Received 6 paper copies of Answering Brief [ # 18 ] filed by Matthew D. Greene. (sent to panel) [11665671] (KWG) [Entered: 04/20/2020 11:08 AM] |
| Filing 25 Received 3 paper copies of excerpts of record [ # 16 ] in 2 volume(s) filed by Appellants. (sent to panel) [11665644] (KWG) [Entered: 04/20/2020 10:58 AM] |
| Filing 24 Received correction to deficient excerpts of record [ # 16 ] from Appellants: consecutively paginated replacement copies. [11665639] (KWG) [Entered: 04/20/2020 10:57 AM] |
| Filing 23 Filed order (DANIEL PAUL COLLINS, KENNETH K. LEE and GREGORY A. PRESNELL) The parties are ordered to submit simultaneous reply briefs by 4 p.m. on April 27, 2020. The briefs must not exceed 5,000 words. [11665568] (OC) [Entered: 04/20/2020 10:30 AM] |
| Filing 22 Received Appellants' 3 paper copies of excerpts of record [ # 16 ] in 2 volume(s). Deficiency: paper copies are missing consecutive page numbers. Corrections required (see attached notice). (sent to panel) [11664388] (LA) [Entered: 04/17/2020 12:16 PM] |
| Filing 21 Received 6 paper copies of Opening Brief [ # 17 ] filed by Appellants. (sent to panel) [11664378] (LA) [Entered: 04/17/2020 12:14 PM] |
| Filing 20 Filed clerk order: The answering brief [ # 18 ] submitted by Matthew D. Greene is filed. Appellee is ordered to file 6 copies of the brief in paper format for delivery to the Court on April 17, 2020 by 12:00 p.m. PST, 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. [11663579] (KWG) [Entered: 04/16/2020 03:57 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] submitted by appellants is filed. Appellants are ordered to file 6 copies of the brief in paper format for delivery to the Court on April 17, 2020 by 12:00 p.m. PST, 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 appellants are filed. Appellants are ordered to file 3 copies of the excerpts in paper format for delivery to the Court on April 17, 2020 by 12:00 p.m. PST securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11663569] (KWG) [Entered: 04/16/2020 03:51 PM] |
| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellee Matthew D. Greene. Date of service: 04/16/2020. [11663544] [20-55281] (Hyslop, Ross) [Entered: 04/16/2020 03:43 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc.. Date of service: 04/16/2020. [11663507] [20-55281] (Webster, Cory) [Entered: 04/16/2020 03:25 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc.. Date of service: 04/16/2020. [11662698] [20-55281] (Webster, Cory) [Entered: 04/16/2020 09:42 AM] |
| Filing 15 Case came on for submission before DANIEL PAUL COLLINS, KENNETH K. LEE and GREGORY A. PRESNELL SUBMISSION DEFERRED. [11660279] (DLM) [Entered: 04/14/2020 10:30 AM] |
| Filing 14 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 04/07/2020. [11654895] (BY) [Entered: 04/08/2020 06:43 AM] |
| Filing 13 Filed (ECF) Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc. response to Court order dated 04/03/2020. Date of service: 04/07/2020. [11653844] [20-55281] (Azadian, James) [Entered: 04/07/2020 10:54 AM] |
| Filing 12 Filed clerk order (Deputy Clerk: LCC): A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. The court reminds appellants of their filing fee obligations and requests that appellants, within 7 days after the date of this order, pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment. Failure to pay the fees may result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11651488] (JPD) [Entered: 04/03/2020 03:21 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: OC): The joint motion to continue the deadline for simultaneous briefs, reschedule oral argument, and extend the time period for judgment (Dkt. No. [ # 9 ]) is GRANTED. The deadline for the filing of simultaneous briefs is extended to April 16, 2020. The time for this Court to complete all action on the case, including rendering judgment, is extended to July 14, 2020. The April 14, 2020 oral argument date is vacated and oral argument is deferred until further order of the Court. [11639701] (OC) [Entered: 03/24/2020 09:27 AM] |
| Filing 10 Filed (ECF) Acknowledgment of hearing notice by Attorney James S. Azadian for Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc.. Hearing in Pasadena on 04/14/2020 at 09:00 A.M. (Courtroom: Courtroom No. 3). 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: 03/23/2020. [11639151] [20-55281] (Azadian, James) [Entered: 03/23/2020 03:58 PM] |
| Filing 9 Filed (ECF) Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc. Joint Motion for miscellaneous relief [Joint Motion and Stipulation to Extend Deadline of Simultaneous Briefs, Reschedule Oral Argument, and Extend Time Period for Judgment by 60 Days - 28 U.S.C. 1453(c)(3)(A)]. Date of service: 03/20/2020. [11637483] [20-55281] (Webster, Cory) [Entered: 03/20/2020 06:53 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: HH): Plaintiff-Appellee Matthew D. Greenes motion for miscellaneous relief (Dkt. No. [ # 7 ]) is DENIED WITHOUT PREJUDICE. The parties may submit a joint motion or stipulation requesting an extension, and any such motion/stipulation should also seek an extension of the 60-day period for the court to complete all action on the appeal. 28 U.S.C. 1453(c)(3)(A). [11637423] (HH) [Entered: 03/20/2020 05:02 PM] |
| Filing 7 Filed (ECF) Appellee Matthew D. Greene Motion for miscellaneous relief [Motion to advance deadline for filing of simultaneous briefs]. Date of service: 03/19/2020. [11635982] [20-55281]--[COURT UPDATE: Updated docket text to reflect content of filing. 03/20/2020 by SLM] (Hyslop, Ross) [Entered: 03/19/2020 06:42 PM] |
| Filing 6 Added Attorney(s) Cory Webster for party(s) Appellant Harley-Davidson, Inc., Appellant Harley-Davidson Motor Company, Inc. and Appellant Harley-Davidson Motor Company Operations, Inc., in case 20-55281. [11634433] (QDL) [Entered: 03/18/2020 03:21 PM] |
| Filing 5 Filed (ECF) notice of appearance of Cory Lynn Webster (Dykema Gossett LLP 333 South Grand Avenue, Suite 2100 Los Angeles, CA 90071) for Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc.. Date of service: 03/18/2020. (Party was previously proceeding with counsel.) [11634413] [20-55281] (Webster, Cory) [Entered: 03/18/2020 03:13 PM] |
| Filing 4 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Ross Hyslop, Esquire for Appellee Matthew D. Greene. Hearing in Pasadena on 04/14/2020 at 09:00 A.M. (Courtroom: 3). 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: 03/17/2020. [11632946] [20-55281] (Hyslop, Ross) [Entered: 03/17/2020 03:33 PM] |
| Filing 3 Notice of Oral Argument on Tuesday, April 14, 2020 - 09:00 A.M. - Courtroom 3 - Pasadena CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (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, April 14, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11631392]. [Array, 20-55281] (AW) [Entered: 03/16/2020 03:08 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellants Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc. and Harley-Davidson, Inc. opening brief due 03/26/2020. Appellee Matthew D. Greene answering brief due 03/26/2020. No Reply briefs will be accepted. [11630852] (RT) [Entered: 03/16/2020 11:32 AM] |
| Filing 1 Filed order (SIDNEY R. THOMAS and DANIEL A. BRESS) in case no. 19-80152 on 3-16-2020: The petition for permission to appeal pursuant to 28 U.S.C. 1453(c) is granted. See Coleman v. Estes Express Lines, Inc., 627 F.3d 1096, 1100 (9th Cir. 2010). Within 7 days after the filing date of this order, petitioners shall perfect the appeal pursuant to Federal Rule of Appellate Procedure 5(d). Pursuant to 28 U.S.C. 1453(c)(2), the court shall complete all action on this appeal, including rendering judgment, not later than 60 days after the date on which the appeal was filed. See also Bush v. Cheaptickets, Inc., 425 F.3d 683, 685 (9th Cir. 2005) (stating that 60-day time period begins to run when the court accepts the appeal). The parties shall submit, via electronic filing, simultaneous briefs and excerpts of record within 10 days after the filing date of this order. No reply briefs will be accepted. Also, within 10 days after the filing date of this order, by 5:00 p.m. (Pacific time), the parties shall submit to the Clerks Office in San Francisco 6 copies of the briefs and 3 copies of the excerpts of record in paper format, accompanied by certification that the briefs are identical to the versions submitted electronically. Any motion to extend time to file the briefs shall strictly comply with the requirements set forth in 28 U.S.C. 1453(c)(3). The Clerk shall calendar this case during the week of April 13, 2020 in Pasadena, California. [11630842] (RT) [Entered: 03/16/2020 11:30 AM] |
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| Search for this case: Matthew Greene v. Harley-Davidson, Inc., et al | |
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| Plaintiff / appellee: MATTHEW D. GREENE, an individual, on behalf of himself, the proposed class(es), all others similarly situated, and on behalf of the general public | |
| Represented By: | Ross Hyslop Esquire |
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| Defendant / appellant: HARLEY-DAVIDSON MOTOR COMPANY OPERATIONS, INC., a Wisconsin corporation | |
| Represented By: | James S. Azadian |
| Represented By: | Cory Webster |
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| Defendant / appellant: HARLEY-DAVIDSON MOTOR COMPANY, INC., a Wisconsin corporation | |
| Represented By: | James S. Azadian |
| Represented By: | Cory Webster |
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| Defendant / appellant: HARLEY-DAVIDSON, INC., a Wisconsin corporation | |
| Represented By: | James S. Azadian |
| Represented By: | Cory Webster |
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| Defendant: DOES, 1 through 10, inclusive | |
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