SMW Local Union 105 v. Titan Sheet Metal Inc., et al
| EPIC SHEET METAL INC., a California corporation |
| TITAN SHEET METAL INC., a California corporation |
| SHEET METAL WORKERS LOCAL UNION 105, an unincorporated association |
| 20-55849 |
| August 19, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| SMW LOCAL UNION 105 V. TITAN SHEET METAL INC. |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 42 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. James J. McMullen, Jr., Esquire for Appellant Titan Sheet Metal Inc.. Hearing in Pasadena on 08/30/2021 at 1:00 P.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: 08/09/2021. [12196162] [20-55849] (McMullen, James) [Entered: 08/09/2021 03:49 PM] |
| Filing 41 Notice of Oral Argument on Monday, August 30, 2021 - 1:00 P.M. - Courtroom 1 - Scheduled Location: Pasadena 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, August 30, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12194210]. [20-55849] (KS) [Entered: 08/06/2021 01:08 PM] |
| Filing 40 Notice of Oral Argument on Monday, August 30, 2021 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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, August 30, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12148259]. [20-55849] (KS) [Entered: 06/20/2021 06:08 AM] |
| Filing 39 Filed (ECF) Attorney Mr. James J. McMullen, Jr., Esquire for Appellant Titan Sheet Metal Inc. response to notice for case being considered for oral argument. Date of service: 05/12/2021. [12110949] [20-55849] (McMullen, James) [Entered: 05/12/2021 03:21 PM] |
| Filing 38 Filed (ECF) Attorney Kenneth C. Absalom for Appellee Sheet Metal Workers Local Union 105 response to notice for case being considered for oral argument. Date of service: 05/11/2021. [12109737] [20-55849] (Absalom, Kenneth) [Entered: 05/11/2021 04:40 PM] |
| Filing 37 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for September 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).[12105387]. [20-55849] (KS) [Entered: 05/07/2021 08:41 AM] |
| Filing 36 Received 6 paper copies of Reply Brief [ # 34 ] filed by Titan Sheet Metal Inc.. [12066487] (SD) [Entered: 04/07/2021 11:59 AM] |
| Filing 35 Filed clerk order: The reply brief [ # 34 ] submitted by Titan Sheet Metal 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12063250] (KT) [Entered: 04/05/2021 10:14 AM] |
| Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellant Titan Sheet Metal Inc.. Date of service: 04/02/2021. [12062505] [20-55849] (McMullen, James) [Entered: 04/02/2021 03:48 PM] |
| Filing 33 Filed (ECF) Attorney Kenneth C. Absalom for Appellee Sheet Metal Workers Local Union 105 response to notice for case being considered for oral argument. Date of service: 03/24/2021. [12052617] [20-55849] (Absalom, Kenneth) [Entered: 03/24/2021 06:16 PM] |
| Filing 32 Filed (ECF) Attorney Mr. James J. McMullen, Jr., Esquire for Appellant Titan Sheet Metal Inc. response to notice for case being considered for oral argument. Date of service: 03/24/2021. [12052401] [20-55849] (McMullen, James) [Entered: 03/24/2021 03:50 PM] |
| Filing 31 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena 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).[12047122]. [20-55849] (KS) [Entered: 03/19/2021 09:31 AM] |
| Filing 30 Streamlined request [29] by Appellant Titan Sheet Metal Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 04/02/2021. [12017524] (JN) [Entered: 02/26/2021 08:21 AM] |
| Filing 29 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Titan Sheet Metal Inc.. New requested due date is 04/02/2021. [12017030] [20-55849] (McMullen, James) [Entered: 02/25/2021 02:44 PM] |
| Filing 28 Filed (ECF) Attorney Mr. James J. McMullen, Jr., Esquire for Appellant Titan Sheet Metal Inc. response to notice for case being considered for oral argument. Date of service: 02/22/2021. [12012593] [20-55849] (McMullen, James) [Entered: 02/22/2021 05:05 PM] |
| Filing 27 Received 6 paper copies of Answering Brief [ # 23 ] filed by Sheet Metal Workers Local Union 105. [12008734] (SD) [Entered: 02/18/2021 03:16 PM] |
| Filing 26 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena 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 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).[12005958]. [20-55849] (KS) [Entered: 02/17/2021 09:21 AM] |
| Filing 25 Filed clerk order: The answering brief [ # 23 ] submitted by Sheet Metal Workers Local Union 105 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. [12005393] (KT) [Entered: 02/16/2021 04:55 PM] |
| Filing 24 Filed clerk order (Deputy Clerk: LBS): Appellees motion (Docket Entry No. [ # 22 ]) to file a corrected answering brief is granted. The Clerk will strike the answering brief submitted at Docket Entry No. [20] and file the corrected answering brief submitted at Docket Entry No. [ # 23 ]. The optional reply brief is now due March 3, 2021. [12004994] (OC) [Entered: 02/16/2021 03:26 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellee Sheet Metal Workers Local Union 105. Date of service: 02/10/2021. [11999750]--[COURT ENTERED FILING to correct entry [ # 22 ].] (KT) [Entered: 02/10/2021 03:22 PM] |
| Filing 22 Filed (ECF) Appellee Sheet Metal Workers Local Union 105 Motion to file substitute or corrected brief. Date of service: 02/09/2021. [11998615] [20-55849]--[COURT UPDATE: attached corrected PDF of motion, removed PDF of answering brief, re-entered correctly in entry [ # 23 ] 02/10/2021 by KT] (Absalom, Kenneth) [Entered: 02/09/2021 10:24 PM] |
| Filing 21 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 23 ]. Original Text: Filed (ECF) Errata to Answering Brief ([20] Brief Submitted for Review (ECF Filing)). Filed by Appellee Sheet Metal Workers Local Union 105. Date of service: 02/09/2021. [11997017] [20-55849] (Absalom, Kenneth) [Entered: 02/09/2021 02:43 AM] |
| Filing 20 STRICKEN PER ORDER [ # 24 ] Submitted (ECF) Answering Brief for review. Submitted by Appellee Sheet Metal Workers Local Union 105. Date of service: 02/08/2021. [11997014] [20-55849] (Absalom, Kenneth) [Entered: 02/08/2021 11:57 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 18 ] (ECF Filing) filed by Appellee Sheet Metal Workers Local Union 105; Appellee Sheet Metal Workers Local Union 105 answering brief due 02/08/2021. The optional reply brief is due 21 days after service of the answering brief. [11965675] (GS) [Entered: 01/15/2021 11:49 AM] |
| Filing 18 Filed (ECF) Appellee Sheet Metal Workers Local Union 105 Motion to extend time to file Answering brief until 02/08/2021. Date of service: 01/14/2021. [11964840] [20-55849] (Absalom, Kenneth) [Entered: 01/14/2021 08:35 PM] |
| Filing 17 Streamlined request [16] by Appellee Sheet Metal Workers Local Union 105 to extend time to file the brief is approved. Streamlined requests allow for a 30 day extension of time to file the brief. Amended briefing schedule: Appellee Sheet Metal Workers Local Union 105 answering brief due 01/22/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [11926177] (JN) [Entered: 12/14/2020 12:15 PM] |
| Filing 16 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Sheet Metal Workers Local Union 105. New requested due date is 01/21/2021. [11925293] [20-55849] (Absalom, Kenneth) [Entered: 12/12/2020 01:44 PM] |
| Filing 15 Received 6 paper copies of Opening Brief [ # 9 ] filed by Titan Sheet Metal Inc.. [11915737] (SD) [Entered: 12/04/2020 03:58 PM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 10 ] in 3 volume(s) filed by Appellant Titan Sheet Metal Inc. [11915615] (LA) [Entered: 12/04/2020 03:02 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 9 ] submitted by Titan Sheet Metal 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: blue. The excerpts of record [ # 10 ] submitted by Titan Sheet Metal Inc. 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. [11907742] (KT) [Entered: 11/27/2020 11:36 AM] |
| Filing 12 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 10 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellee Sheet Metal Workers Local Union 105. Date of service: 11/23/2020. [11904343] [20-55849] (McMullen, James) [Entered: 11/23/2020 06:23 PM] |
| Filing 11 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 10 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellee Sheet Metal Workers Local Union 105. Date of service: 11/23/2020. [11904341] [20-55849] (McMullen, James) [Entered: 11/23/2020 06:19 PM] |
| Filing 10 Submitted (ECF) excerpts of record. Submitted by Appellee Sheet Metal Workers Local Union 105. Date of service: 11/23/2020. [11904339] [20-55849]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 11/27/2020 by KT] (McMullen, James) [Entered: 11/23/2020 06:15 PM] |
| Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellee Sheet Metal Workers Local Union 105. Date of service: 11/23/2020. [11904338] [20-55849] (McMullen, James) [Entered: 11/23/2020 06:10 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: AT): The court has received appellees withdrawal of the motion to dismiss (Docket Entry No. [ # 7 ]). The motion to dismiss (Docket Entry No. [ # 5 ]) is withdrawn. The opening brief is due November 23, 2020. The answering brief is due December 23, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11849661] (OC) [Entered: 10/06/2020 03:27 PM] |
| Filing 7 Filed (ECF) Appellee Sheet Metal Workers Local Union 105 response to motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing) motion to dismiss for lack of jurisdiction). Date of service: 10/05/2020. [11847432] [20-55849] (Absalom, Kenneth) [Entered: 10/05/2020 12:45 PM] |
| Filing 6 Filed (ECF) Appellant Titan Sheet Metal Inc. response to motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 09/28/2020. [11839668] [20-55849] (McMullen, James) [Entered: 09/28/2020 03:35 PM] |
| Filing 5 Filed (ECF) Appellee Sheet Metal Workers Local Union 105 Motion to dismiss for lack of jurisdiction. Date of service: 09/18/2020. [11829597] [20-55849] (Absalom, Kenneth) [Entered: 09/18/2020 03:03 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 09/24/2020, 11:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11805947] (VS) [Entered: 08/28/2020 10:24 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 08/26/2020. 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.[11804246]. [20-55849] (AD) [Entered: 08/26/2020 06:44 PM] |
| Filing 2 Filed (ECF) Appellant Titan Sheet Metal Inc. Mediation Questionnaire. Date of service: 08/26/2020. [11803834] [20-55849] (McMullen, James) [Entered: 08/26/2020 02:40 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Titan Sheet Metal Inc. Mediation Questionnaire due on 08/26/2020. Transcript ordered by 09/16/2020. Transcript due 10/16/2020. Appellant Titan Sheet Metal Inc. opening brief due 11/23/2020. Appellee Sheet Metal Workers Local Union 105 answering brief due 12/23/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11795141] (RT) [Entered: 08/19/2020 02:12 PM] |
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