Jesus Cazares v. Host International, Inc.
| JESUS CAZARES, individually and on behalf of other individuals similarly situated |
| HOST INTERNATIONAL, INC., a Delaware corporation |
| CALIFORNIA EMPLOYMENT LAW COUNCIL |
| 20-55803 |
| August 6, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil Rights Jobs |
Opinions
We have the following opinions for this case:
| Description |
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| JESUS CAZARES V. HOST INTERNATIONAL, INC. |
Docket Report
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This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.
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Filing 38
MANDATE ISSUED.(DFO, RAP and MJB) [12224212] (RR) [Entered: 09/09/2021 11:27 AM]
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Filing 37
FILED MEMORANDUM DISPOSITION (DIARMUID F. O'SCANNLAIN, RICHARD A. PAEZ and MARK J. BENNETT) Cazaress and amicus curiae California Employment Law Councils motions to take judicial notice, Dkt. Nos. [ # 9 ], [ # 23 ], [ # 27 ], are granted. AFFIRMED. FILED AND ENTERED JUDGMENT. [12204412] (JN) [Entered: 08/18/2021 08:59 AM]
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Filing 36
SUBMITTED ON THE BRIEFS TO DIARMUID F. O'SCANNLAIN, RICHARD A. PAEZ and MARK J. BENNETT. [12168535] (SB) [Entered: 07/09/2021 02:48 PM]
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Filing 35
Filed clerk order (Deputy Clerk: AF): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted on the briefs and record, without oral argument, on Friday, July 9, 2021, in Portland, Oregon. See Fed. R. App. P. 34(a)(2). [12151111] (AF) [Entered: 06/22/2021 02:36 PM]
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Filing 34
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Robert Neil Fisher, Esquire for Appellant Jesus Cazares. Hearing in Portland on 07/09/2021 at 12:00 P.M. (Courtroom: N/A). 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: 06/16/2021. [12145656] [20-55803] (Fisher, Robert) [Entered: 06/16/2021 09:20 AM]
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Filing 33
Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Margaret Rosenthal, Esquire for Appellee Host International, Inc.. Hearing in Portland on 07/09/2021 at 12:00 P.M. (Courtroom: 2nd Floor Courtroom, The Pioneer Courthouse, Portland Oregon). 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: 06/14/2021. [12143116] [20-55803] (Rosenthal, Margaret) [Entered: 06/14/2021 11:17 AM]
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Filing 32
Notice of Oral Argument on Friday, July 9, 2021 - 12:00 P.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR. 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 Friday, July 9, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12085829]. [20-55803] (KS) [Entered: 04/25/2021 06:09 AM]
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Filing 31
Received 6 paper copies of Reply Brief [ # 26 ] filed by Jesus Cazares. [12073029] (SD) [Entered: 04/13/2021 03:39 PM]
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Filing 30
This case is being considered for an upcoming oral argument calendar in Portland Please review the Portland sitting dates for July 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).[12045034]. [20-55803] (KS) [Entered: 03/17/2021 04:01 PM]
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Filing 29
This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland 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 immediately 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 immediately , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). [12011669] (KJC) [Entered: 02/22/2021 12:20 PM]
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Filing 28
Filed clerk order: The reply brief [ # 26 ] submitted by Jesus Cazares 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. [11999714] (LA) [Entered: 02/10/2021 03:09 PM]
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Filing 27
Filed (ECF) Appellant Jesus Cazares Motion to take judicial notice of. Date of service: 02/09/2021. [11997851] [20-55803] (Grombacher, Kiley) [Entered: 02/09/2021 01:26 PM]
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Filing 26
Submitted (ECF) Reply Brief for review. Submitted by Appellant Jesus Cazares. Date of service: 02/04/2021. [11993553] [20-55803]--[COURT UPDATE: Attached corrected brief, removed motion (refiled in entry [ # 27 ]). 02/10/2021 by LA] (Grombacher, Kiley) [Entered: 02/04/2021 04:39 PM]
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Filing 25
Received 6 paper copies of Amicus Brief [ # 22 ] filed by California Employment Law Council. [11981319] (SD) [Entered: 01/26/2021 09:45 AM]
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Filing 24
Filed clerk order: The amicus brief [ # 22 ] submitted by California Employment Law Council 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11975450] (LA) [Entered: 01/21/2021 04:11 PM]
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Filing 23
Filed (ECF) Amicus Curiae - Pending CELC Motion to take judicial notice of. Date of service: 01/21/2021. [11974771] [20-55803] (Seldon, Kiran) [Entered: 01/21/2021 11:27 AM]
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Filing 22
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by California Employment Law Council. Date of service: 01/21/2021. [11974759] [20-55803] (Seldon, Kiran) [Entered: 01/21/2021 11:23 AM]
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Filing 21
Received 6 paper copies of Answering Brief [ # 19 ] filed by Host International, Inc.. [11953591] (SD) [Entered: 01/05/2021 05:18 PM]
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Filing 20
Filed clerk order: The answering brief [ # 19 ] submitted by Host International, 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. [11949527] (KWG) [Entered: 12/31/2020 09:56 AM]
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Filing 19
Submitted (ECF) Answering Brief for review. Submitted by Appellee Host International, Inc.. Date of service: 12/30/2020. [11949308] [20-55803] (Rosenthal, Margaret) [Entered: 12/30/2020 07:37 PM]
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Filing 18
Filed clerk order (Deputy Clerk: TAH): The California Employment Law Councils motion (Docket Entry No. [ # 16 ]) for an extension of time to file an amicus brief in support of the appellee is granted. The movant may submit an amicus brief (accompanied by a motion for leave to file the brief, if necessary) on or before January 21, 2021. See Fed. R. App. P. 29(a). The appellants optional reply brief is now due February 4, 2021. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). [11947784] (AF) [Entered: 12/29/2020 03:04 PM]
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Filing 17
Entered appearance of Amicus Curiae - Pending CELC. [11946005] (RR) [Entered: 12/28/2020 12:02 PM]
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Filing 16
Filed (ECF) CALIFORNIA EMPLOYMENT LAW COUNCIL Motion to extend time to file amicus brief until 01/21/2021. Date of service: 12/24/2020. [11944925] [20-55803] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/24/2020 by TYL] (Seldon, Kiran) [Entered: 12/24/2020 11:23 AM]
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Filing 15
Received 6 paper copies of Opening Brief [ # 10 ] filed by Jesus Cazares. [11916512] (SD) [Entered: 12/07/2020 09:54 AM]
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Filing 14
Received 3 paper copies of excerpts of record [ # 8 ] in 2 volume(s) filed by Appellant Jesus Cazares. [11916444] (KWG) [Entered: 12/07/2020 09:35 AM]
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Filing 13
Streamlined request [12] by Appellee Host International, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellee Host International, Inc. answering brief due 01/04/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [11897604] (DLM) [Entered: 11/18/2020 12:19 PM]
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Filing 12
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Host International, Inc.. New requested due date is 01/04/2021. [11896738] [20-55803] (Rosenthal, Margaret) [Entered: 11/17/2020 06:07 PM]
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Filing 11
Filed clerk order: The opening brief [ # 10 ] submitted by Jesus Cazares 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 [ # 8 ] submitted by Jesus Cazares 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. [11883563] (KWG) [Entered: 11/05/2020 03:42 PM]
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Filing 10
Submitted (ECF) Opening Brief for review. Submitted by Appellant Jesus Cazares. Date of service: 11/04/2020. [11882557] [20-55803] (Grombacher, Kiley) [Entered: 11/04/2020 09:44 PM]
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Filing 9
Filed (ECF) Appellant Jesus Cazares Motion to take judicial notice of. Date of service: 11/04/2020. [11882496] [20-55803] (Grombacher, Kiley) [Entered: 11/04/2020 05:23 PM]
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Filing 8
Submitted (ECF) excerpts of record. Submitted by Appellant Jesus Cazares. Date of service: 11/04/2020. [11882474] [20-55803]--[COURT UPDATE: Attached corrected PDF of volume 2.11/05/2020 by KWG] (Grombacher, Kiley) [Entered: 11/04/2020 05:00 PM]
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Filing 7
Streamlined request [6] by Appellant Jesus Cazares to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: Appellant Jesus Cazares opening brief due 11/04/2020. Appellee Host International, Inc. answering brief due 12/04/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11842926] (DLM) [Entered: 09/30/2020 04:03 PM]
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Filing 6
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Jesus Cazares. New requested due date is 11/02/2020. [11842734] [20-55803] (Fisher, Robert) [Entered: 09/30/2020 02:56 PM]
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Filing 5
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. [11823078] (CL) [Entered: 09/14/2020 03:02 PM]
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Filing 4
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 09/08/2020, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11798896] (CL) [Entered: 08/21/2020 05:14 PM]
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Filing 3
The Mediation Questionnaire for this case was filed on 08/13/2020. 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.[11788793]. [20-55803] (AD) [Entered: 08/13/2020 06:44 PM]
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Filing 2
Filed (ECF) Appellant Jesus Cazares Mediation Questionnaire. Date of service: 08/13/2020. [11788737] [20-55803] (Fisher, Robert) [Entered: 08/13/2020 05:29 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Jesus Cazares Mediation Questionnaire due on 08/13/2020. Appellant Jesus Cazares opening brief due 10/05/2020. Appellee Host International, Inc. answering brief due 11/04/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11779371] (JBS) [Entered: 08/06/2020 09:36 AM]
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