Bryon Stafford, et al v. Rite Aid Corporation
| ROBERT JOSTEN, on behalf of himself and all others similarly situated |
| RITE AID CORPORATION |
| BRYON STAFFORD, Individually and on Behalf of All Others Similarly Situated |
| 20-55333 |
| March 27, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Injury |
Docket Report
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This docket was last retrieved on July 7, 2021. A more recent docket listing may be available from PACER.
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Filing 66
MANDATE ISSUED.(MDS, SSI and KHV) [12164715] (JFF) [Entered: 07/07/2021 09:37 AM]
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Filing 65
Filed order (MILAN D. SMITH, JR., SANDRA S. IKUTA and KATHRYN H. VRATIL): Judges M. Smith and Ikuta voted to deny the petition for rehearing en banc, and Judge Vratil so recommended. The full court was advised of the petition for rehearing en banc, and no judge requested a vote. Fed. R. App. P. 35. The petition for rehearing en banc (Dkt. [ # 64 ]) is DENIED. [12157514] (AF) [Entered: 06/29/2021 12:08 PM]
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Filing 64
Filed (ECF) Appellant Rite Aid Corporation petition for rehearing en banc (from 05/21/2021 opinion). Date of service: 06/04/2021. [12134139] [20-55333] (Schuster, Stephanie) [Entered: 06/04/2021 12:54 PM]
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Filing 63
FILED OPINION (MILAN D. SMITH, JR., SANDRA S. IKUTA and KATHRYN H. VRATIL) AFFIRMED. Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [12120476] (AKM) [Entered: 05/21/2021 08:59 AM]
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Filing 62
Terminated - Robert Josten in 20-55333 [12120470] (AKM) [Entered: 05/21/2021 08:57 AM]
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Filing 61
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/ [12072402] (DLM) [Entered: 04/13/2021 11:16 AM]
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Filing 60
ARGUED AND SUBMITTED TO MILAN D. SMITH, JR., SANDRA S. IKUTA and KATHRYN H. VRATIL. [12070524] (DLM) [Entered: 04/12/2021 10:54 AM]
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Filing 59
Filed (ECF) Acknowledgment of hearing notice by Attorney Stephanie Schuster, Esquire for Appellant Rite Aid Corporation. Hearing in Pasadena on 04/12/2021 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: 03/18/2021. [12045960] [20-55333] (Schuster, Stephanie) [Entered: 03/18/2021 12:11 PM]
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Filing 58
Filed (ECF) Acknowledgment of hearing notice by Attorney Andrew Love for Appellee Bryon Stafford. Hearing in Pasadena on 04/12/2021 at 09:00 A.M. (Courtroom: 3). 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: 02/01/2021. [11987357] [20-55333] (Love, Andrew) [Entered: 02/01/2021 08:28 AM]
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Filing 57
Notice of Oral Argument on Monday, April 12, 2021 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA. 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 Monday, April 12, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11987011]. [20-55333] (AW) [Entered: 01/31/2021 06:09 AM]
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Filing 56
Terminated Jason Henry Alperstein for Bryon Stafford in 20-55333 [11983849] (AF) [Entered: 01/27/2021 04:43 PM]
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Filing 55
Filed text clerk order (Deputy Clerk: AF): Appellee's motion to withdraw Jason Alperstein from the case (Dkt. [ # 51 ]) is granted. [11983840] (AF) [Entered: 01/27/2021 04:40 PM]
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Filing 54
Received 6 paper copies of Reply Brief [ # 52 ] filed by Rite Aid Corporation. (sent to panel) [11980307] (SD) [Entered: 01/25/2021 02:33 PM]
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Filing 53
Filed clerk order: The reply brief [ # 52 ] submitted by Rite Aid Corporation 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. [11978614] (LA) [Entered: 01/22/2021 03:16 PM]
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Filing 52
Submitted (ECF) Reply Brief for review. Submitted by Appellant Rite Aid Corporation. Date of service: 01/22/2021. [11978492] [20-55333] (Schuster, Stephanie) [Entered: 01/22/2021 02:55 PM]
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Filing 51
Filed (ECF) Appellee Bryon Stafford motion. Attorney(s) Attorney Jason Henry Alperstein for Appellee Bryon Stafford motion to withdraw as counsel. Date of service: 01/06/2021. [11953975] [20-55333] (Love, Andrew) [Entered: 01/06/2021 09:54 AM]
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Filing 50
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for April 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).[11917032]. [20-55333] (AW) [Entered: 12/07/2020 12:21 PM]
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Filing 49
Filed (ECF) Attorney Andrew Love for Appellee Bryon Stafford response to notice for case being considered for oral argument. Date of service: 11/30/2020. [11908625] [20-55333] (Love, Andrew) [Entered: 11/30/2020 08:53 AM]
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Filing 48
Filed (ECF) Attorney Stephanie Schuster, Esquire for Appellant Rite Aid Corporation response to notice for case being considered for oral argument. Date of service: 11/12/2020. [11889720] [20-55333] (Schuster, Stephanie) [Entered: 11/12/2020 09:42 AM]
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Filing 47
Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 46 ] (ECF Filing) filed by Appellant Rite Aid Corporation; Granting Motion (ECF Filing) motion to extend time to file reply filed by Appellant Rite Aid Corporation; The optional reply brief is due 01/22/2021. [11889036] (GS) [Entered: 11/10/2020 04:51 PM]
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Filing 46
Filed (ECF) Appellant Rite Aid Corporation Unopposed Motion to extend time to file a reply until 01/22/2021. Date of service: 11/10/2020. [11887647] [20-55333] (Schuster, Stephanie) [Entered: 11/10/2020 08:02 AM]
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Filing 45
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for March 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).[11887489]. [20-55333] (AW) [Entered: 11/09/2020 08:12 PM]
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Filing 44
Received 6 paper copies of Answering Brief [ # 42 ] filed by Bryon Stafford. [11882370] (SD) [Entered: 11/04/2020 03:56 PM]
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Filing 43
Filed clerk order: The answering brief [ # 42 ] submitted by Bryon Stafford 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. [11879989] (KT) [Entered: 11/03/2020 08:55 AM]
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Filing 42
Submitted (ECF) Answering Brief for review. Submitted by Appellee Bryon Stafford. Date of service: 11/02/2020. [11878504] [20-55333] (Love, Andrew) [Entered: 11/02/2020 10:12 AM]
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Filing 41
Received 6 paper copies of Opening Brief [ # 31 ] filed by Rite Aid Corporation. [11834731] (SD) [Entered: 09/23/2020 03:14 PM]
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Filing 40
Received 3 paper copies of excerpts of record [ # 32 ], [38] in 3 volume(s) (Volume 3 filed UNDER SEAL) filed by Appellant Rite Aid Corporation. [11833209] (KWG) [Entered: 09/22/2020 02:59 PM]
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Filing 39
Filed clerk order: The opening brief [ # 31 ] submitted by Rite Aid Corporation 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 [ # 32 ], [38] submitted by Rite Aid Corporation 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. [11829673] (KT) [Entered: 09/18/2020 03:37 PM]
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Filing 38
Submitted (ECF) UNDER SEAL excerpts of record Vol 3. Submitted by Appellant Rite Aid Corporation. Date of service: 09/02/2020. (Court-entered filing, excerpts of record originally submitted in [33].) [11829307] (WL) [Entered: 09/18/2020 01:18 PM]
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Filing 37
Filed order (Appellate Commissioner): Appellants motion to seal volume 3 of the excerpts of record (Docket Entry No. [33]) is granted. The Clerk shall file volume 3 of the excerpts of record under seal, and shall file the opening brief and volumes 1 and 2 of the excerpts of record publicly. The existing briefing schedule shall continue in effect. [11829302] (WL) [Entered: 09/18/2020 01:16 PM]
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Filing 36
Filed Appellant Rite Aid Corporation motion to file volume 3 of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 09/02/2020. (Court-entered filinf of motion submitted under seal at [33])[11829299] (WL) [Entered: 09/18/2020 01:15 PM]
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Filing 35
Streamlined request [34] by Appellee Bryon Stafford to extend time to file the brief is approved. Amended briefing schedule: Appellee Bryon Stafford answering brief due 11/02/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11812429] (BG) [Entered: 09/03/2020 01:11 PM]
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Filing 34
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Bryon Stafford. New requested due date is 11/02/2020. [11811950] [20-55333] (Love, Andrew) [Entered: 09/03/2020 09:22 AM]
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Filing 33
Filed (ECF) UNDER SEAL Appellant Rite Aid Corporation motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 09/02/2020. [11810997] [20-55333] (Schuster, Stephanie) [Entered: 09/02/2020 01:41 PM]
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Filing 32
Submitted (ECF) excerpts of record. Submitted by Appellant Rite Aid Corporation. Date of service: 09/02/2020. [11810980] [20-55333] (Schuster, Stephanie) [Entered: 09/02/2020 01:34 PM]
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Filing 31
Submitted (ECF) Opening Brief for review. Submitted by Appellant Rite Aid Corporation. Date of service: 09/02/2020. [11810969] [20-55333] (Schuster, Stephanie) [Entered: 09/02/2020 01:32 PM]
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Filing 30
Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 28 ] (ECF Filing) filed by Appellant Rite Aid Corporation; Appellant Rite Aid Corporation opening brief due 09/02/2020. Appellee Bryon Stafford answering brief due 10/02/2020. The optional reply brief is due 21 days after service of the answering brief. [11773116] (GS) [Entered: 07/31/2020 11:30 AM]
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Filing 29
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11770125] (VS) [Entered: 07/29/2020 08:31 AM]
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Filing 28
Filed (ECF) Appellant Rite Aid Corporation Unopposed Motion to extend time to file Opening brief until 09/02/2020. Date of service: 07/24/2020. [11765337] [20-55333] (Schuster, Stephanie) [Entered: 07/24/2020 01:30 PM]
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Filing 27
Filed order (MARY M. SCHROEDER and CONSUELO M. CALLAHAN) The motion to file exhibits under seal (Docket Entry No. [19]) is granted. See 9th Cir. R. 27-13. The Clerk shall maintain Docket Entry Nos. [19]-2, [19]-3 and [19]-4 under seal. Appellants motion (Docket Entry No. [ # 18 ]) to stay the district court proceedings pending appeal is denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The briefing schedule established previously remains in effect. [11762201] (WL) [Entered: 07/22/2020 01:46 PM]
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Filing 26
Filed Appellant Rite Aid Corporation motion to file exhibits UNDER SEAL. Deficiencies: None. Served on 06/29/2020. (Court-entered filing of motion submitted under seal at [19]) [11762199] (WL) [Entered: 07/22/2020 01:44 PM]
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Filing 25
Filed (ECF) Appellant Rite Aid Corporation reply to response (motion to stay lower court action). Date of service: 07/16/2020. [11755673] [20-55333] (Schuster, Stephanie) [Entered: 07/16/2020 03:23 PM]
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Filing 24
Filed (ECF) Appellee Bryon Stafford response opposing motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing)). Date of service: 07/09/2020. [11747646] [20-55333] (Love, Andrew) [Entered: 07/09/2020 02:13 PM]
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Filing 23
Added Attorney(s) Carey Alexander, Erin Green Comite, Joseph P. Guglielmo for party(s) Appellee Bryon Stafford, in case 20-55333. [11738865] (JFF) [Entered: 06/30/2020 04:14 PM]
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Filing 22
Filed (ECF) notice of appearance of Carey Alexander (Scott+Scott Attorneys at Law LLP, The Helmsley Building, 230 Park Avenue, 17th Floor, New York, NY 10169) for Appellee Bryon Stafford. Date of service: 06/30/2020. (Party was previously proceeding with counsel.) [11738481] [20-55333] (Alexander, Carey) [Entered: 06/30/2020 02:08 PM]
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Filing 21
Filed (ECF) notice of appearance of Erin Green Comite (Scott+Scott Attorneys at Law LLP, 156 South Main Street, P.O. Box 192, Colchester, CT 06415) for Appellee Bryon Stafford. Date of service: 06/30/2020. (Party was previously proceeding with counsel.) [11738474] [20-55333] (Comite, Erin) [Entered: 06/30/2020 02:06 PM]
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Filing 20
Filed (ECF) notice of appearance of Joseph Peter Guglielmo (Scott+Scott Attorneys at Law LLP, The Helmsley Building, 230 Park Avenue, 17th Floor, New York, NY 10169) for Appellee Bryon Stafford. Date of service: 06/30/2020. (Party was previously proceeding with counsel.) [11738452] [20-55333] (Guglielmo, Joseph) [Entered: 06/30/2020 02:01 PM]
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Filing 19
Filed (ECF) UNDER SEAL Appellant Rite Aid Corporation motion to file document under seal and submit sealed document. Type of document: other (Exhibits A, B, and D to Motion for Stay Pending Appeal). Date of service: 06/29/2020. [11736941] [20-55333] (Schuster, Stephanie) [Entered: 06/29/2020 03:31 PM]
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Filing 18
Filed (ECF) Appellant Rite Aid Corporation Motion to stay lower court action. Date of service: 06/29/2020. [11736927] [20-55333] (Schuster, Stephanie) [Entered: 06/29/2020 03:27 PM]
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Filing 17
Streamlined request [16] by Appellant Rite Aid Corporation to extend time to file the brief is approved. Amended briefing schedule: Appellant Rite Aid Corporation opening brief due 08/03/2020. Appellee Bryon Stafford answering brief due 09/02/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11726181] (BG) [Entered: 06/18/2020 12:42 PM]
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Filing 16
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Rite Aid Corporation. New requested due date is 08/03/2020. [11726147] [20-55333] (Schuster, Stephanie) [Entered: 06/18/2020 12:13 PM]
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| Filing 15 Added Attorney(s) Brittany M. Johnson for party(s) Appellant Rite Aid Corporation, in case 20-55333. [11662941] (JFF) [Entered: 04/16/2020 11:28 AM] |
| Filing 14 Filed (ECF) notice of appearance of Brittany M. Johnson (Morgan, Lewis & Bockius LLP, 300 South Grand Avenue, Twenty-Second Floor, Los Angeles, CA 90071) for Appellant Rite Aid Corporation. Date of service: 04/16/2020. (Party was previously proceeding with counsel.) [11662903] [20-55333] (Johnson, Brittany) [Entered: 04/16/2020 11:13 AM] |
| Filing 13 Added Attorney(s) Jason Henry Alperstein for party(s) Appellee Bryon Stafford, in case 20-55333. [11655436] (CW) [Entered: 04/08/2020 01:34 PM] |
| Filing 12 Filed (ECF) notice of appearance of Jason H. Alperstein (Robbins Geller Rudman & Dowd LLP, 120 East Palmetto Park Road, Suite 500, Boca Raton, FL 33432) for Appellee Bryon Stafford. Date of service: 04/08/2020. (Party was previously proceeding with counsel.) [11655368] [20-55333] (Alperstein, Jason) [Entered: 04/08/2020 12:53 PM] |
| Filing 11 Added Attorney(s) Andrew Love, Susan Katina Alexander for party(s) Appellee Bryon Stafford, in case 20-55333. [11654452] (JFF) [Entered: 04/07/2020 02:54 PM] |
| Filing 10 Filed (ECF) notice of appearance of Susan K. Alexander (Robbins Geller Rudman & Dowd LLP, One Montgomery Street, Suite 1800, San Francisco, CA, 94104) for Appellee Bryon Stafford. Date of service: 04/07/2020. (Party was previously proceeding with counsel.) [11654371] [20-55333] (Alexander, Susan) [Entered: 04/07/2020 02:26 PM] |
| Filing 9 Filed (ECF) notice of appearance of Andrew S. Love (Robbins Geller Rudman & Dowd, LLP, One Montgomery Street, Suite 1800, San Francisco, CA, 94104) for Appellee Bryon Stafford. Date of service: 04/07/2020. (Party was previously proceeding with counsel.) [11654362] [20-55333] (Love, Andrew) [Entered: 04/07/2020 02:21 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 04/17/2020, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11654125] (VS) [Entered: 04/07/2020 12:48 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 04/02/2020. 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.[11650630]. [20-55333] (AD) [Entered: 04/02/2020 06:44 PM] |
| Filing 6 Filed (ECF) Appellant Rite Aid Corporation Mediation Questionnaire. Date of service: 04/02/2020. [11650301] [20-55333] (Rissier, John) [Entered: 04/02/2020 03:16 PM] |
| Filing 5 Added Attorney(s) Stephanie Schuster for party(s) Appellant Rite Aid Corporation, in case 20-55333. [11647508] (JFF) [Entered: 03/31/2020 02:47 PM] |
| Filing 4 Added Attorney(s) Bryan Michael Killian for party(s) Appellant Rite Aid Corporation, in case 20-55333. [11647502] (JFF) [Entered: 03/31/2020 02:45 PM] |
| Filing 3 Filed (ECF) notice of appearance of Stephanie Beth Schuster (Morgan, Lewis & Bockius LLP, 1111 Pennsylvania Avenue, NW, Washington, DC 20004) for Appellant Rite Aid Corporation. Date of service: 03/31/2020. (Party was previously proceeding with counsel.) [11647476] [20-55333] (Schuster, Stephanie) [Entered: 03/31/2020 02:37 PM] |
| Filing 2 Filed (ECF) notice of appearance of Bryan Michael Killian (1111 Pennsylvania Ave NW Washington, DC 20004) for Appellant Rite Aid Corporation. Date of service: 03/31/2020. (Party was previously proceeding with counsel.) [11647473] [20-55333] (Killian, Bryan) [Entered: 03/31/2020 02:36 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Rite Aid Corporation Mediation Questionnaire due on 04/03/2020. Transcript ordered by 04/23/2020. Transcript due 05/26/2020. Appellant Rite Aid Corporation opening brief due 07/02/2020. Appellee Bryon Stafford answering brief due 08/03/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11643541] (JBS) [Entered: 03/27/2020 09:07 AM] |
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