Riley's American Heritage Farm, et al v. James Elsasser, et al
| CLAREMONT UNIFIED SCHOOL DISTRICT |
| STEVEN LLANUSA, NANCY TRESER OSGOOD, BETH BINGHAM, JAMES ELSASSER, BRENDA HAMLETT, DAVID S. NEMER, ANN O'CONNOR and HILARY LACONTE |
| JAMES PATRICK RILEY, an individual and RILEY'S AMERICAN HERITAGE FARMS, a California corporation |
| 20-55999 |
| September 28, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
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 RileyÂ’s American Heritage Farms v. Elsasser
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RILEY'S AMERICAN HERITAGE FARM V. JAMES ELSASSER
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Docket Report
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This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.
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Filing 39
Received letter from the Supreme Court dated 10/11/2022 regarding The motion to direct the Clerk to file a petition for a writ of certiorari out of time is denied.. [12560013] (DJV) [Entered: 10/11/2022 01:29 PM]
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Filing 38
MANDATE ISSUED.(SSI, MJB and RDN) [12441045] (NAC) [Entered: 05/09/2022 07:34 AM]
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Filing 37
Filed order and amended opinion (SANDRA S. IKUTA, MARK J. BENNETT and RYAN D. NELSON). The opinion filed on March 17, 2022, and published at 29 F.4th 484 (9th Cir. 2022), is amended by the opinion filed concurrently with this order. With these amendments, appellants petition for rehearing, filed March 31, 2022, is DENIED. The petition for rehearing en banc was circulated to the judges of the court, and no judge requested a vote for en banc consideration. The petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or rehearing en banc will be entertained. AFFIRMED IN PART, REVERSED IN PART, and REMANDED. Each party shall bear its own costs on appeal. [12434299] (MM) [Entered: 04/29/2022 08:36 AM]
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Filing 36
Filed (ECF) Appellants Riley's American Heritage Farms and James Patrick Riley petition for panel rehearing and petition for rehearing en banc (from 03/17/2022 opinion). Date of service: 03/31/2022. [12410339] [20-55999] (Eastmond, Thomas) [Entered: 03/31/2022 06:56 PM]
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Filing 35
FILED OPINION (SANDRA S. IKUTA, MARK J. BENNETT and RYAN D. NELSON) AFFIRMED IN PART, REVERSED IN PART, and REMANDED. Each party shall bear its own costs on appeal. Judge: SSI Authoring. FILED AND ENTERED JUDGMENT. [12397282] (AKM) [Entered: 03/17/2022 08:45 AM]
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Filing 34
Filed (ECF) Appellees Beth Bingham, James Elsasser, Brenda Hamlett, Hilary LaConte, Steven Llanusa, David S. Nemer, Ann O'Connor and Nancy Treser Osgood Correspondence: Notice of Change of Address. Date of service: 01/19/2022 [12344988] [20-55999] (Modafferi, Daniel) [Entered: 01/19/2022 03:03 PM]
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Filing 33
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/ [12217582] (DLM) [Entered: 09/01/2021 10:25 AM]
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Filing 32
ARGUED AND SUBMITTED TO SANDRA S. IKUTA, MARK J. BENNETT and RYAN D. NELSON. [12216934] (DLM) [Entered: 08/31/2021 03:18 PM]
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Filing 31
Notice of Oral Argument on Tuesday, August 31, 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 Tuesday, August 31, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12194214]. [20-55999] (KS) [Entered: 08/06/2021 01:08 PM]
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Filing 30
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Daniel Stephen Modafferi for Appellees Beth Bingham, James Elsasser, Brenda Hamlett, Hilary LaConte, Steven Llanusa, David S. Nemer, Ann O'Connor and Nancy Treser Osgood. Hearing in Pasadena on 08/31/2021 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: 08/03/2021. [12190916] [20-55999] (Modafferi, Daniel) [Entered: 08/03/2021 02:31 PM]
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Filing 29
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Thomas J. Eastmond, Esquire for Appellants Riley's American Heritage Farms and James Patrick Riley. Hearing in Pasadena on 08/31/2021 at 09:00 A.M. (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: 08/03/2021. [12190829] [20-55999] (Eastmond, Thomas) [Entered: 08/03/2021 01:54 PM]
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Filing 28
Notice of Oral Argument on Tuesday, August 31, 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 Tuesday, August 31, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12148266]. [20-55999] (KS) [Entered: 06/20/2021 06:08 AM]
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Filing 27
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).[12114922]. [20-55999] (KS) [Entered: 05/17/2021 10:41 AM]
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Filing 26
Received 6 paper copies of Reply Brief [ # 24 ] filed by James Patrick Riley and Riley's American Heritage Farms. [12060915] (SD) [Entered: 04/01/2021 01:47 PM]
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Filing 25
Filed clerk order: The reply brief [ # 24 ] submitted by James Patrick Riley and Riley's American Heritage Farms 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. [12058606] (SML) [Entered: 03/30/2021 03:20 PM]
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Filing 24
Submitted (ECF) Reply Brief for review. Submitted by Appellants Riley's American Heritage Farms and James Patrick Riley. Date of service: 03/29/2021. [12057489] [20-55999] (Eastmond, Thomas) [Entered: 03/29/2021 11:30 PM]
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Filing 23
Filed (ECF) Attorney Mr. Thomas J. Eastmond, Esquire for Appellants Riley's American Heritage Farms and James Patrick Riley response to notice for case being considered for oral argument. Date of service: 03/24/2021. [12052101] [20-55999] (Eastmond, Thomas) [Entered: 03/24/2021 01:36 PM]
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Filing 22
Filed (ECF) Attorney Mr. Daniel Stephen Modafferi for Appellees Beth Bingham, James Elsasser, Brenda Hamlett, Hilary LaConte, Steven Llanusa, David S. Nemer, Ann O'Connor and Nancy Treser Osgood response to notice for case being considered for oral argument. Date of service: 03/23/2021. [12050451] [20-55999] (Modafferi, Daniel) [Entered: 03/23/2021 10:35 AM]
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Filing 21
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).[12046277]. [20-55999] (KS) [Entered: 03/18/2021 02:31 PM]
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Filing 20
Received 6 paper copies of Answering Brief [ # 18 ] filed by Appellees. [12039772] (SD) [Entered: 03/12/2021 02:07 PM]
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Filing 19
Filed clerk order: The answering brief [ # 18 ] submitted by appellees 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. [12029382] (SML) [Entered: 03/09/2021 12:16 PM]
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Filing 18
Submitted (ECF) Answering Brief for review. Submitted by Appellees Beth Bingham, Nancy Treser Osgood, James Elsasser, Brenda Hamlett, Hilary LaConte, Steven Llanusa, David S. Nemer and Ann O'Connor. Date of service: 03/08/2021. [12028547] [20-55999] (Modafferi, Daniel) [Entered: 03/08/2021 09:57 PM]
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Filing 17
Streamlined request [16] by Appellees Beth Bingham, James Elsasser, Brenda Hamlett, Hilary LaConte, Steven Llanusa, David S. Nemer, Ann O'Connor and Nancy Treser Osgood to extend time to file the brief is approved. Amended briefing schedule: Appellees Beth Bingham, James Elsasser, Brenda Hamlett, Hilary LaConte, Steven Llanusa, David S. Nemer, Ann O'Connor and Nancy Treser Osgood answering brief due 03/08/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [11984748] (JN) [Entered: 01/28/2021 12:55 PM]
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Filing 16
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Beth Bingham, James Elsasser, Brenda Hamlett, Hilary LaConte, Steven Llanusa, David S. Nemer, Ann O'Connor and Nancy Treser Osgood. New requested due date is 03/08/2021. [11984347] [20-55999] (Modafferi, Daniel) [Entered: 01/28/2021 10:02 AM]
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Filing 15
Received 6 paper copies of Opening Brief [ # 11 ] filed by James Patrick Riley and Riley's American Heritage Farms. [11959773] (SD) [Entered: 01/11/2021 04:48 PM]
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Filing 14
Received 3 paper copies of excerpts of record [ # 12 ] in 6 volume(s) and index volume filed by Appellants James Patrick Riley and Riley's American Heritage Farms. [11958865] (LA) [Entered: 01/11/2021 11:57 AM]
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Filing 13
Filed clerk order: The opening brief [ # 11 ] submitted by James Patrick Riley and Riley's American Heritage Farms 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 [ # 12 ] submitted by James Patrick Riley and Riley's American Heritage Farms 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. [11954168] (SML) [Entered: 01/06/2021 11:05 AM]
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Filing 12
Submitted (ECF) excerpts of record. Submitted by Appellants Riley's American Heritage Farms and James Patrick Riley. Date of service: 01/04/2021. [11951957] [20-55999] (Eastmond, Thomas) [Entered: 01/04/2021 07:24 PM]
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Filing 11
Submitted (ECF) Opening Brief for review. Submitted by Appellants Riley's American Heritage Farms and James Patrick Riley. Date of service: 01/04/2021. [11951951] [20-55999] (Eastmond, Thomas) [Entered: 01/04/2021 07:18 PM]
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Filing 10
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11873886] (VS) [Entered: 10/28/2020 09:23 AM]
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Filing 9
MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 10/28/2020, 09:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11863637] (VS) [Entered: 10/19/2020 12:46 PM]
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Filing 8
Filed (ECF) Appellants Riley's American Heritage Farms and James Patrick Riley Correspondence: Advising the Court of Notice to the District Court that no transcript ordered. Date of service: 10/06/2020 [11849847] [20-55999] (Eastmond, Thomas) [Entered: 10/06/2020 04:34 PM]
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Filing 7
The Mediation Questionnaire for this case was filed on 10/05/2020. 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.[11848273]. [20-55999] (AD) [Entered: 10/05/2020 06:44 PM]
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Filing 6
Filed (ECF) Appellants Riley's American Heritage Farms and James Patrick Riley Mediation Questionnaire. Date of service: 10/05/2020. [11848105] [20-55999] (Eastmond, Thomas) [Entered: 10/05/2020 04:52 PM]
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Filing 5
Added Attorney(s) William Joseph Becker Jr. for party(s) Appellant Riley's American Heritage Farms Appellant James Patrick Riley, in case 20-55999. [11844129] (NAC) [Entered: 10/01/2020 02:01 PM]
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Filing 4
Filed (ECF) notice of appearance of William J. Becker, Jr. (Freedom X, 11500 Olympic. Blvd., Suite 400, Los Angeles, CA 90064) for Appellants Riley's American Heritage Farms and James Patrick Riley. Date of service: 10/01/2020. (Party was previously proceeding with counsel.) [11844116] [20-55999] (Becker, William) [Entered: 10/01/2020 01:57 PM]
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Filing 3
Added Attorney Thomas J. Eastmond for Appellants Riley's American Heritage Farms and James Patrick Riley, in case 20-55999. [11841380] (HH) [Entered: 09/29/2020 03:55 PM]
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Filing 2
Filed (ECF) notice of appearance of Thomas J. Eastmond (Enterprise Counsel Group, ALC, Three Park Plaza, Suite 1400, Irvine, CA 92614) for Appellants Riley's American Heritage Farms and James Patrick Riley. Date of service: 09/29/2020. (Party was previously proceeding with counsel.) [11841361] [20-55999] (Eastmond, Thomas) [Entered: 09/29/2020 03:48 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants James Patrick Riley and Riley's American Heritage Farms Mediation Questionnaire due on 10/05/2020. Transcript ordered by 10/26/2020. Transcript due 11/24/2020. Appellants James Patrick Riley and Riley's American Heritage Farms opening brief due 01/04/2021. Appellees Beth Bingham, James Elsasser, Brenda Hamlett, Hilary LaConte, Steven Llanusa, David S. Nemer, Ann O'Connor and Nancy Treser Osgood answering brief due 02/04/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11839815] (RT) [Entered: 09/28/2020 04:12 PM]
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