Sevag Chalian, et al v. CVS Pharmacy, Inc, et al
| SEVAG CHALIAN, SIGFREDO CABRERA, CHRISTINE MCNEELY, as individuals, on behalf of themselves, and all other persons similarly situated and ENKO TELAHUN |
| CVS PHARMACY, INC, a Rhode Island corporation, CVS RX SERVICES, INC, a New York corporation and GARFIELD BEACH CVS, LLC, a California limited liability company |
| RYAN HYAMS and REGINE DUHON, Proposed Intervenors |
| 20-55916 |
| September 3, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Docket Report
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| Filing 100 Filed order (ANDREW J. KLEINFELD, MORGAN B. CHRISTEN and PATRICK J. BUMATAY) Submission of this appeal is vacated pending the California Supreme Courts decision in Turrieta v. Lyft, 502 P.3d 3 (Cal. 2022). The parties shall notify the court within a week after the California Supreme Court issues its ruling. IT IS SO ORDERED. [12570912] (WL) [Entered: 10/24/2022 07:59 AM] |
| Filing 99 Filed (ECF) Appellee Sevag Chalian citation of supplemental authorities. Date of service: 10/19/2022. [12568220] [20-55916] (Morrison, Michael) [Entered: 10/19/2022 04:31 PM] |
| Filing 98 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/ [12566323] (BG) [Entered: 10/18/2022 12:31 PM] |
| Filing 97 ARGUED AND SUBMITTED TO ANDREW J. KLEINFELD, MORGAN B. CHRISTEN and PATRICK J. BUMATAY. [12564973] (BG) [Entered: 10/17/2022 12:33 PM] |
| Filing 96 Filed (ECF) Acknowledgment of hearing notice by Attorney Jocelyn S. Sperling for Appellants Regine Duhon and Ryan Hyams. Hearing in Pasadena on 10/17/2022 at 09:00 A.M. (Courtroom: 3). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/23/2022. [12547515] [20-55916] (Sperling, Jocelyn) [Entered: 09/23/2022 07:52 AM] |
| Filing 95 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Michael Scott Morrison for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun. Hearing in Pasadena on 10/17/2022 at 09:00 A.M. (Courtroom: Courtroom #3). Filer sharing argument time: Yes. (Argument minutes: 4) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/19/2022. [12543867] [20-55916] (Morrison, Michael) [Entered: 09/19/2022 04:36 PM] |
| Filing 94 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. R. Craig Clark for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun. Hearing in Pasadena on 10/17/2022 at 09:00 A.M. (Courtroom: Courtroom #3). Filer sharing argument time: Yes. (Argument minutes: 4) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/19/2022. [12543778] [20-55916] (Clark, R.) [Entered: 09/19/2022 03:48 PM] |
| Filing 93 Filed (ECF) Acknowledgment of hearing notice by Attorney James N. Boudreau, Esquire for Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC. Hearing in Pasadena on 10/17/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: Yes. (Argument minutes: 7) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/19/2022. [12543528] [20-55916] (Boudreau, James) [Entered: 09/19/2022 02:12 PM] |
| Filing 92 Filed (ECF) Acknowledgment of hearing notice by Attorney James N. Boudreau, Esquire for Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC. Hearing in Pasadena on 10/17/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 28) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/19/2022. [12543307] [20-55916] (Boudreau, James) [Entered: 09/19/2022 12:17 PM] |
| Filing 91 Terminated attorney Dawn M. Berry for appellees Enko Telahun, Christine McNeely, Sevag Chalian and Sigfredo Cabrera in 20-55916. [12535510] (HH) [Entered: 09/07/2022 04:43 PM] |
| Filing 90 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Dawn M. Berry for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun. Party proceeding without counsel: No. Date of service: 09/07/2022. [12535508] [20-55916] (Berry, Dawn M.) [Entered: 09/07/2022 04:42 PM] |
| Filing 89 Filed (ECF) Appellants Regine Duhon and Ryan Hyams citation of supplemental authorities. Date of service: 09/06/2022. [12534125] [20-55916] (Sperling, Jocelyn) [Entered: 09/06/2022 02:24 PM] |
| Filing 88 Filed (ECF) Appellants Regine Duhon and Ryan Hyams citation of supplemental authorities. Date of service: 09/06/2022. [12534120] [20-55916] (Sperling, Jocelyn) [Entered: 09/06/2022 02:21 PM] |
| Filing 87 Filed (ECF) Appellants Regine Duhon and Ryan Hyams citation of supplemental authorities. Date of service: 09/06/2022. [12534119] [20-55916] (Sperling, Jocelyn) [Entered: 09/06/2022 02:20 PM] |
| Filing 86 Filed (ECF) Appellants Regine Duhon and Ryan Hyams citation of supplemental authorities. Date of service: 09/06/2022. [12534118] [20-55916] (Sperling, Jocelyn) [Entered: 09/06/2022 02:19 PM] |
| Filing 85 Filed clerk order (Deputy Clerk: AF): Movants-Appellants Motion For Judicial Notice, Docket No. [ # 27 ], filed January 6, 2021, is GRANTED. Movants-Appellants Motion For Judicial Notice, Docket No. [ # 58 ], filed July 2, 2021, is GRANTED. Plaintiffs-Appellees Request For Judicial Notice, Docket No. [ # 65 ], filed August 16, 2021, is GRANTED. [12533538] (AF) [Entered: 09/06/2022 09:40 AM] |
| Filing 84 Added Attorney(s) Jocelyn S. Sperling for party(s) Appellant Ryan Hyams Appellant Regine Duhon, in case 20-55916. [12529171] (DJV) [Entered: 08/30/2022 08:26 AM] |
| Filing 83 Filed (ECF) notice of appearance of Jocelyn Sharyn Sperling (Law Office of Jocelyn Sperling, 2342 Shattuck Avenue, No. 121, Berkeley, CA 94704) for Appellants Regine Duhon and Ryan Hyams. Date of service: 08/30/2022. (Party was previously proceeding with counsel.) [12529159] [20-55916] (Sperling, Jocelyn) [Entered: 08/30/2022 08:17 AM] |
| Filing 82 Terminated Allison Lee Ehlert for Ryan Hyams and Regine Duhon in 20-55916 [12521955] (DJV) [Entered: 08/22/2022 06:46 AM] |
| Filing 81 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Allison Lee Ehlert, Esquire for Appellants Regine Duhon and Ryan Hyams. Party proceeding without counsel: No. Date of service: 08/20/2022. [12521922] [20-55916] (Ehlert, Allison) [Entered: 08/20/2022 05:09 PM] |
| Filing 80 Notice of Oral Argument on Monday, October 17, 2022 - 09:00 A.M. - Courtroom 3 - 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 may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . 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 28 days before Monday, October 17, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12511037]. [20-55916] (KS) [Entered: 08/07/2022 06:08 AM] |
| Filing 79 Filed (ECF) Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC citation of supplemental authorities. Date of service: 07/07/2022. [12487974] [20-55916] (Boudreau, James) [Entered: 07/07/2022 06:54 AM] |
| Filing 78 Filed (ECF) Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC citation of supplemental authorities. Date of service: 07/06/2022. [12487206] [20-55916] (Boudreau, James) [Entered: 07/06/2022 10:38 AM] |
| Filing 77 Filed (ECF) Attorney Mr. R. Craig Clark for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun response to notice for case being considered for oral argument. Date of service: 06/28/2022. [12482421] [20-55916] (Clark, R.) [Entered: 06/28/2022 04:01 PM] |
| Filing 76 Filed (ECF) Attorney James N. Boudreau, Esquire for Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC response to notice for case being considered for oral argument. Date of service: 06/27/2022. [12480877] [20-55916] (Boudreau, James) [Entered: 06/27/2022 02:03 PM] |
| Filing 75 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 2022 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).[12477811]. [20-55916] (KS) [Entered: 06/22/2022 04:51 PM] |
| Filing 74 Filed clerk order (Deputy Clerk: AF): This case is returned to the Clerk's office to be assigned to the panel who will hear appeal nos. 21-55817 and 21-55904. [12454725] (AF) [Entered: 05/24/2022 10:24 AM] |
| Filing 73 Filed (ECF) Appellee Sevag Chalian citation of supplemental authorities. Date of service: 01/03/2022. [12329722] [20-55916] (Morrison, Michael) [Entered: 01/03/2022 04:05 PM] |
| Filing 72 Filed (ECF) Appellee Sevag Chalian citation of supplemental authorities. Date of service: 01/03/2022. [12329717] [20-55916] (Morrison, Michael) [Entered: 01/03/2022 04:03 PM] |
| Filing 71 Filed (ECF) Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC citation of supplemental authorities. Date of service: 10/06/2021. [12250104] [20-55916] (Boudreau, James) [Entered: 10/06/2021 06:00 PM] |
| Filing 70 Filed (ECF) Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun citation of supplemental authorities. Date of service: 10/05/2021. [12248355] [20-55916] (Berry, Dawn M.) [Entered: 10/05/2021 03:40 PM] |
| Filing 69 Added Attorney Dawn M. Berry for Appellees Enko Telahun, Sevag Chalian, Christine McNeely and Sigfredo Cabrera, in case 20-55916. [12248320] (HH) [Entered: 10/05/2021 03:33 PM] |
| Filing 68 Filed (ECF) notice of appearance of Dawn Michelle Berry (Clark Law Group, 3258 Fourth Avenue, San Diego, CA 92103) for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun. Date of service: 10/05/2021. (Party was previously proceeding with counsel.) [12248299] [20-55916] (Berry, Dawn M.) [Entered: 10/05/2021 03:27 PM] |
| Filing 67 Case came on for submission, SUBMISSION DEFERRED. [12233589] (AML) [Entered: 09/20/2021 03:02 PM] |
| Filing 66 Filed clerk order (Deputy Clerk: AF): This case is removed from the October 8, 2021, Pasadena, California calendar, and submission is deferred pending issuance of the mandates in Magadia v. Wal-Mart Assocs., Inc., 19-16184, and Callahan v. Brookdale Senior Living Cmty., 20-55603. [12232905] (AF) [Entered: 09/20/2021 10:51 AM] |
| Filing 65 Filed (ECF) Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun Motion to take judicial notice of District Court's Order Granting Final Approval of Class Action and PAGA Settlement; Judgment; and Notice of Appeal. Date of service: 08/16/2021. [12202346] [20-55916] (Kizirian, Armand) [Entered: 08/16/2021 11:44 AM] |
| Filing 64 Filed (ECF) Acknowledgment of hearing notice by Attorney Allison Lee Ehlert, Esquire for Appellants Regine Duhon and Ryan Hyams. Hearing in Pasadena on 10/08/2021 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: 07/30/2021. [12188578] [20-55916] (Ehlert, Allison) [Entered: 07/30/2021 08:25 PM] |
| Filing 63 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Michael Scott Morrison for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun. Hearing in Pasadena on 10/08/2021 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: Yes. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/26/2021. [12183200] [20-55916] (Morrison, Michael) [Entered: 07/26/2021 02:40 PM] |
| Filing 62 Filed (ECF) Acknowledgment of hearing notice by Attorney James N. Boudreau, Esquire for Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC. Hearing in Pasadena on 10/08/2021 at 09:00 A.M. (Courtroom: Courtroom 1). 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: 07/26/2021. [12183060] [20-55916] (Boudreau, James) [Entered: 07/26/2021 01:44 PM] |
| Filing 61 Notice of Oral Argument on Friday, October 8, 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 Friday, October 8, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12182111]. [20-55916] (KS) [Entered: 07/25/2021 06:09 AM] |
| Filing 60 Received 6 paper copies of Reply Brief [ # 57 ] filed by Regine Duhon and Ryan Hyams. (sent to panel) [12170009] (SD) [Entered: 07/12/2021 02:38 PM] |
| Filing 59 Filed clerk order: The reply brief [ # 57 ] submitted by Regine Duhon and Ryan Hyams 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. [12161787] (KWG) [Entered: 07/02/2021 01:13 PM] |
| Filing 58 Filed (ECF) Appellants Regine Duhon and Ryan Hyams Motion to take judicial notice of Amicus Brief of the Division of Labor Standards Enforcement. Date of service: 07/01/2021. [12161338] [20-55916] (Ehlert, Allison) [Entered: 07/02/2021 10:13 AM] |
| Filing 57 Submitted (ECF) Reply Brief for review. Submitted by Appellants Ryan Hyams and Regine Duhon. Date of service: 07/01/2021. [12161048] [20-55916]--[COURT UPDATE: Removed PDF of the motion, filed correctly in [ # 58 ]. 07/02/2021 by KWG] (Ehlert, Allison) [Entered: 07/01/2021 08:53 PM] |
| Filing 56 Filed (ECF) Attorney Mr. Michael Scott Morrison for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun response to notice for case being considered for oral argument. Date of service: 06/15/2021. [12145125] [20-55916] (Morrison, Michael) [Entered: 06/15/2021 02:58 PM] |
| Filing 55 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 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).[12143184]. [20-55916] (KS) [Entered: 06/14/2021 11:41 AM] |
| Filing 54 Received 3 paper copies of excerpts of record [ # 26 ] in 9 volume(s) and index volume filed by Appellants Regine Duhon and Ryan Hyams. [12137740] (KWG) [Entered: 06/08/2021 02:20 PM] |
| Filing 53 Received correction to deficient excerpts of record [ # 26 ] from Appellants Regine Duhon and Ryan Hyams: additional copies of excerpts. [12137739] (KWG) [Entered: 06/08/2021 02:20 PM] |
| Filing 52 Filed clerk order (Deputy Clerk: KS): Appellants motion (Docket Entry No. [ # 48 ]) for an extension of time to file the reply brief is granted. The optional reply brief is due July 1, 2021. To facilitate timely submission of cases for decision, no further motions for extensions of time to file the reply brief will be granted absent extraordinary and compelling circumstances. If the reply brief is not filed by July 1, 2021, the case may be submitted on the briefs already on file. [12136497] (AF) [Entered: 06/07/2021 04:21 PM] |
| Filing 51 Received Appellants Regine Duhon and Ryan Hyams 3 paper copies (2 paper copies of volume 2) of excerpts of record [ # 26 ] in 9 volume(s) and index volume. Deficiency: insufficient copies of volume 2. Corrections required (see attached notice). [12129344] (KWG) [Entered: 06/01/2021 10:44 AM] |
| Filing 50 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Entered in error. Original Text: Received 3 paper copies of excerpts of record [ # 26 ] in 9 volume(s) and index volume filed by Appellants Regine Duhon and Ryan Hyams. [12129252] (KWG) [Entered: 06/01/2021 10:07 AM] |
| Filing 49 Received 6 paper copies of Opening Brief [ # 25 ] filed by Regine Duhon and Ryan Hyams. [12128520] (CPA) [Entered: 05/28/2021 03:41 PM] |
| Filing 48 Filed (ECF) Appellants Regine Duhon and Ryan Hyams Unopposed Motion to extend time to file Reply brief until 07/01/2021. Date of service: 05/25/2021. [12124627] [20-55916] (Ehlert, Allison) [Entered: 05/25/2021 06:17 PM] |
| Filing 47 Filed (ECF) Attorney James N. Boudreau, Esquire for Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC response to notice for case being considered for oral argument. Date of service: 05/10/2021. [12107988] [20-55916] (Boudreau, James) [Entered: 05/10/2021 02:55 PM] |
| Filing 46 Filed (ECF) Attorney Mr. Michael Scott Morrison for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun response to notice for case being considered for oral argument. Date of service: 05/10/2021. [12107696] [20-55916] (Morrison, Michael) [Entered: 05/10/2021 01:22 PM] |
| Filing 45 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).[12105375]. [20-55916] (KS) [Entered: 05/07/2021 08:41 AM] |
| Filing 44 Streamlined request [43] by Appellants Regine Duhon and Ryan Hyams to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 06/01/2021. [12081052] (DLM) [Entered: 04/20/2021 02:29 PM] |
| Filing 43 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Regine Duhon and Ryan Hyams. New requested due date is 06/01/2021. [12080986] [20-55916] (Ehlert, Allison) [Entered: 04/20/2021 02:00 PM] |
| Filing 42 Received 6 paper copies of Answering Brief [ # 33 ] filed by CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC. [12074186] (SD) [Entered: 04/14/2021 01:46 PM] |
| Filing 40 Received 3 paper copies of joint supplemental excerpts of record [ # 34 ] in 1 volume(s) filed by Appellees. [12074128] (LA) [Entered: 04/14/2021 01:26 PM] |
| Filing 41 Received 6 paper copies of Answering Brief [ # 36 ] filed by Sevag Chalian, et al. [12074174] (SD) [Entered: 04/14/2021 01:44 PM] |
| Filing 39 Filed (ECF) Errata to Answering Brief ([ # 36 ] Brief Submitted for Review (ECF Filing)). Filed by Appellee Sevag Chalian. Date of service: 04/12/2021. [12070928] [20-55916] (Morrison, Michael) [Entered: 04/12/2021 01:45 PM] |
| Filing 38 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 39 ]. Original Text: Filed (ECF) Errata to Answering Brief ([ # 36 ] Brief Submitted for Review (ECF Filing)). Filed by Appellee Sevag Chalian. Date of service: 04/12/2021. [12070899] [20-55916] (Morrison, Michael) [Entered: 04/12/2021 01:37 PM] |
| Filing 37 Filed clerk order: The answering brief [ # 36 ] submitted by Sevag Chalian, et al. 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. [12070239] (KWG) [Entered: 04/12/2021 08:04 AM] |
| Filing 36 Submitted (ECF) Answering Brief for review. Submitted by Appellee Sevag Chalian. Date of service: 04/09/2021. [12069952] [20-55916] (Morrison, Michael) [Entered: 04/09/2021 04:24 PM] |
| Filing 35 Filed clerk order: The answering brief [ # 33 ] submitted by CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, 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: red. The supplemental excerpts of record [ # 34 ] submitted by CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC 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. [12069912] (KWG) [Entered: 04/09/2021 04:03 PM] |
| Filing 34 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC. Date of service: 04/09/2021. [12069850] [20-55916] (Boudreau, James) [Entered: 04/09/2021 03:40 PM] |
| Filing 33 Submitted (ECF) Answering Brief for review. Submitted by Appellees CVS RX Services, Inc, CVS Pharmacy, Inc and Garfield Beach CVS, LLC. Date of service: 04/09/2021. [12069834] [20-55916] (Boudreau, James) [Entered: 04/09/2021 03:36 PM] |
| Filing 32 Filed clerk order (Deputy Clerk: th): Granting Appellees' Motion [ # 31 ] (ECF Filing) to extend time to file the answering briefs. The answering briefs for all appellees are due 04/09/2021. The optional reply brief is due 21 days after service of the answering brief. [12014306] (TH) [Entered: 02/23/2021 04:46 PM] |
| Filing 31 Filed (ECF) Appellee Sevag Chalian Motion to extend time to file Answering brief until 04/09/2021. Date of service: 02/23/2021. [12014014] [20-55916] (Morrison, Michael) [Entered: 02/23/2021 02:51 PM] |
| Filing 30 Streamlined request [29] by Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees CVS Pharmacy, Inc, CVS RX Services, Inc, Sigfredo Cabrera, Sevag Chalian, Garfield Beach CVS, LLC, Christine McNeely and Enko Telahun answering brief due 03/08/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [11959807] (DLM) [Entered: 01/11/2021 05:03 PM] |
| Filing 29 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun. New requested due date is 03/08/2021. [11959703] [20-55916] (Clark, R.) [Entered: 01/11/2021 04:26 PM] |
| Filing 28 Filed clerk order: The opening brief [ # 25 ] submitted by Regine Duhon and Ryan Hyams 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 [ # 26 ] submitted by Regine Duhon and Ryan Hyams 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. [11959491] (KWG) [Entered: 01/11/2021 03:17 PM] |
| Filing 27 Filed (ECF) Appellants Regine Duhon and Ryan Hyams Motion to take judicial notice of Court Filing. Date of service: 01/06/2021. [11955069] [20-55916] (Ehlert, Allison) [Entered: 01/06/2021 11:13 PM] |
| Filing 26 Submitted (ECF) excerpts of record. Submitted by Appellants Regine Duhon and Ryan Hyams. Date of service: 01/06/2021. [11955050] [20-55916]--[COURT UPDATE: Attached corrected PDF of excerpts Vols 1-9 and index volume. 01/11/2021 by KWG] (Ehlert, Allison) [Entered: 01/06/2021 10:13 PM] |
| Filing 25 Submitted (ECF) Opening Brief for review. Submitted by Appellants Regine Duhon and Ryan Hyams. Date of service: 01/06/2021. [11955045] [20-55916]--[COURT UPDATE: Attached corrected PDF of the brief. 01/11/2021 by KWG] (Ehlert, Allison) [Entered: 01/06/2021 10:00 PM] |
| Filing 24 Streamlined request [23] by Appellants Regine Duhon and Ryan Hyams to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: Appellants Regine Duhon and Ryan Hyams opening brief due 01/06/2021. Appellees CVS Pharmacy, Inc, CVS RX Services, Inc, Sigfredo Cabrera, Sevag Chalian, Garfield Beach CVS, LLC, Christine McNeely and Enko Telahun answering brief due 02/05/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [11915818] (DLM) [Entered: 12/04/2020 04:29 PM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Regine Duhon and Ryan Hyams. New requested due date is 12/21/2020. [11915389] [20-55916] (Ehlert, Allison) [Entered: 12/04/2020 01:39 PM] |
| Filing 22 Added Attorney(s) Alicja Urtnowski for party(s) Appellee Enko Telahun Appellee Sevag Chalian Appellee Christine McNeely Appellee Sigfredo Cabrera, in case 20-55916. [11907216] (CW) [Entered: 11/25/2020 04:58 PM] |
| Filing 21 Filed (ECF) notice of appearance of Alicja, Agata, Urtnowski (CLARK LAW GROUP - 3258 Fourth Avenue San Diego CA 92103) for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun. Date of service: 11/25/2020. (Party was previously proceeding with counsel.) [11907208] [20-55916] (Urtnowski, Alicja) [Entered: 11/25/2020 04:54 PM] |
| Filing 20 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. [11837845] (BLS) [Entered: 09/25/2020 05:11 PM] |
| Filing 19 Added Attorney(s) Allison Lee Ehlert for party(s) Appellant Ryan Hyams Appellant Regine Duhon, in case 20-55916. [11826142] (CW) [Entered: 09/16/2020 11:44 AM] |
| Filing 18 Filed (ECF) notice of appearance of Allison L. Ehlert (Ehlert Hicks LLP, 2001 Addison St., Suite 300, Berkeley, CA 94704) for Appellants Regine Duhon and Ryan Hyams. Date of service: 09/16/2020. (Party was previously proceeding with counsel.) [11826001] [20-55916] (Ehlert, Allison) [Entered: 09/16/2020 11:13 AM] |
| Filing 17 Added Attorney(s) Barbara DuVan-Clarke for party(s) Appellant Ryan Hyams Appellant Regine Duhon, in case 20-55916. [11824531] (CW) [Entered: 09/15/2020 12:02 PM] |
| Filing 16 Filed (ECF) notice of appearance of Barbara Phyllis Elizabeth DuVan-Clarke (Jennifer Kramer Legal, APC, 5015 Eagle Rock Blvd., Suite 202, Los Angeles, CA 90041) for Appellants Ryan Hyams and Regine Duhon. Date of service: 09/15/2020. (Party was previously proceeding with counsel.) [11824452] [20-55916] (DuVan-Clarke, Barbara) [Entered: 09/15/2020 11:39 AM] |
| Filing 15 Added Attorney(s) Ashley Cruz for party(s) Appellant Regine Duhon, in case 20-55916. [11824439] (CW) [Entered: 09/15/2020 11:37 AM] |
| Filing 14 Filed (ECF) notice of appearance of Ashley H. Cruz (Jennifer Kramer Legal, APC) for Appellants Ryan Hyams and Regine Duhon. Date of service: 09/15/2020. (Party was previously proceeding with counsel.) [11824420] [20-55916] (Cruz, Ashley) [Entered: 09/15/2020 11:34 AM] |
| Filing 13 MEDIATION ORDER FILED: By 09/25/2020, 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. [11821335] (BLS) [Entered: 09/11/2020 04:46 PM] |
| Filing 12 The Mediation Questionnaire for this case was filed on 09/10/2020. 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.[11819768]. [20-55916] (AD) [Entered: 09/10/2020 06:44 PM] |
| Filing 11 Filed (ECF) Appellants Regine Duhon and Ryan Hyams Mediation Questionnaire. Date of service: 09/10/2020. [11819185] [20-55916] (Kramer, Jennifer) [Entered: 09/10/2020 01:41 PM] |
| Filing 10 Added Attorney(s) Christiana Signs, James N. Boudreau for party(s) Appellee CVS RX Services, Inc Appellee Garfield Beach CVS, LLC Appellee CVS Pharmacy, Inc, in case 20-55916. [11815790] (CW) [Entered: 09/08/2020 12:24 PM] |
| Filing 9 Filed (ECF) notice of appearance of Christiana L. Signs (Greenberg Traurig, LLP, 1717 Arch Streets, Suite 400, Philadelphia, PA 19103) for Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC. Date of service: 09/08/2020. (Party was previously proceeding with counsel.) [11815735] [20-55916] (Signs, Christiana) [Entered: 09/08/2020 12:02 PM] |
| Filing 8 Filed (ECF) notice of appearance of James N. Boudreau (Greenberg Traurig, LLP, 1717 Arch Street, Suite 400, Philadelphia, PA 19103) for Appellees CVS Pharmacy, Inc, CVS RX Services, Inc and Garfield Beach CVS, LLC. Date of service: 09/08/2020. (Party was previously proceeding with counsel.) [11815706] [20-55916] (Boudreau, James) [Entered: 09/08/2020 11:52 AM] |
| Filing 7 Notice of Appearance (ECF Filing) [5] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [11812797] (HH) [Entered: 09/03/2020 03:45 PM] |
| Filing 6 Added Attorney Jennifer R. Kramer for Appellants Ryan Hyams and Regine Duhon, in case 20-55916. [11812790] (HH) [Entered: 09/03/2020 03:44 PM] |
| Filing 5 Filed (ECF) notice of appearance of Barbara DuVan-Clarke (Jennifer Kramer Legal, 5015 Eagle Rock Blvd. Suite 202, Los Angeles, CA 90041) for Appellants Regine Duhon and Ryan Hyams. Date of service: 09/03/2020. (Party was previously proceeding with counsel.) [11812725] [20-55916] (Kramer, Jennifer) [Entered: 09/03/2020 03:21 PM] |
| Filing 4 Filed (ECF) notice of appearance of Jennifer Rue Kramer (5015 Eagle Rock Blvd., Suite 202, Los Angeles, CA 90041) for Appellants Ryan Hyams and Regine Duhon. Date of service: 09/03/2020. (Party was previously proceeding with counsel.) [11812722] [20-55916] (Kramer, Jennifer) [Entered: 09/03/2020 03:19 PM] |
| Filing 3 Added Attorney(s) Michael Hagop Boyamian for party(s) Appellee CVS RX Services, Inc Appellee Garfield Beach CVS, LLC Appellee Enko Telahun Appellee Sevag Chalian Appellee Christine McNeely Appellee CVS Pharmacy, Inc Appellee Sigfredo Cabrera, in case 20-55916. [11812547] (CW) [Entered: 09/03/2020 02:11 PM] |
| Filing 2 Filed (ECF) notice of appearance of Michael Hagop Boyamian (Boyamian Law, Inc., 550 North Brand Boulevard, Suite 1500, Glendale, California 91203) for Appellees Sigfredo Cabrera, Sevag Chalian, Christine McNeely and Enko Telahun. Date of service: 09/03/2020. (Party was previously proceeding with counsel.) [11812498] [20-55916] (Boyamian, Michael) [Entered: 09/03/2020 01:45 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Regine Duhon and Ryan Hyams Mediation Questionnaire due on 09/10/2020. Transcript ordered by 09/28/2020. Transcript due 10/27/2020. Appellants Regine Duhon and Ryan Hyams opening brief due 12/07/2020. Appellees CVS Pharmacy, Inc, CVS RX Services, Inc, Sigfredo Cabrera, Sevag Chalian, Garfield Beach CVS, LLC, Christine McNeely and Enko Telahun answering brief due 01/07/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11811930] (RT) [Entered: 09/03/2020 09:13 AM] |
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