Felipe Alvarez, et al v. YRC Inc., et al
| JERALD SHROEDER |
| FELIPE ALVAREZ, on behalf of himself and others similarly situated |
| YRC INC., DBA YRC Freight, YRC WORLDWIDE INC. and YELLOW ROADWAY CORPORATION |
| 20-56350 |
| December 18, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Docket Report
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This docket was last retrieved on October 20, 2022. A more recent docket listing may be available from PACER.
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Filing 69
MANDATE ISSUED.(SSI, KKL and DJF) [12568426] [20-56350, 21-55042, 21-55045] (RL) [Entered: 10/20/2022 08:42 AM]
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Filing 68
Filed order (SANDRA S. IKUTA, KENNETH K. LEE and DANIELLE J. FORREST) Judges Ikuta and Lee have voted to deny the petition for panel rehearing. Judge Forrest has voted to grant the petition for panel rehearing. The panel has unanimously voted to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. [12560963] [20-56350, 21-55042, 21-55045] (WL) [Entered: 10/12/2022 10:05 AM]
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Filing 67
Filed (ECF) Appellant Felipe Alvarez in 20-56350, Appellant Jerald Shroeder in 21-55045, Appellant Jerald Schroeder in 21-55042 petition for panel rehearing and petition for rehearing en banc (from 09/02/2022 memorandum). Date of service: 09/16/2022. [12542634] [20-56350, 21-55045, 21-55042] (Derubertis, David) [Entered: 09/16/2022 04:22 PM]
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Filing 66
FILED MEMORANDUM DISPOSITION WITH PARTIAL CONCURRENCE AND PARTIAL DISSENT (SANDRA S. IKUTA, KENNETH K. LEE and DANIELLE J. FORREST) AFFIRMED. FILED AND ENTERED JUDGMENT. [12532353] [20-56350, 21-55042, 21-55045] (MM) [Entered: 09/02/2022 09:22 AM]
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Filing 65
Added Attorney(s) Jennifer Hinds for party(s) Appellee Yellow Roadway Corporation Appellee YRC Worldwide Inc. Appellee YRC Inc.. [12478154] [20-56350, 21-55042, 21-55045] (RL) [Entered: 06/23/2022 10:42 AM]
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Filing 64
Filed (ECF) notice of appearance of Jennifer N. Hinds (Kasowitz Benson Torres LLP 2029 Century Park East, Suite 2000, Los Angeles, CA 90067) for Appellees YRC Worldwide Inc., YRC Inc. and Yellow Roadway Corporation in 20-56350, 21-55042, 21-55045. Date of service: 06/23/2022. (Party was previously proceeding with counsel.) [12478145] [20-56350, 21-55042, 21-55045] (Hinds, Jennifer) [Entered: 06/23/2022 10:37 AM]
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Filing 63
Filed (ECF) Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, 21-55042, 21-55045 citation of supplemental authorities. Date of service: 05/26/2022. [12456779] [20-56350, 21-55042, 21-55045] (Saunders, Daniel) [Entered: 05/26/2022 07:04 AM]
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Filing 62
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/ [12394138] [20-56350, 21-55042, 21-55045] (DLM) [Entered: 03/14/2022 02:52 PM]
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Filing 61
ARGUED AND SUBMITTED TO SANDRA S. IKUTA, KENNETH K. LEE and DANIELLE J. FORREST. [12392945] [20-56350, 21-55042, 21-55045] (DLM) [Entered: 03/11/2022 04:03 PM]
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Filing 60
Added Attorney(s) Daniel Saunders for party(s) Appellee Yellow Roadway Corporation Appellee YRC Worldwide Inc. Appellee YRC Inc.. [12385259] [20-56350, 21-55042, 21-55045] (RL) [Entered: 03/03/2022 11:27 AM]
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Filing 59
Filed (ECF) notice of appearance of Daniel A. Saunders (Kasowitz Benson Torres LLP 2029 Century Park East Suite 2000 Los Angeles, CA 90067) for Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, 21-55042, 21-55045. Date of service: 03/03/2022. (Party was previously proceeding with counsel.) [12385242] [20-56350, 21-55042, 21-55045] (Saunders, Daniel) [Entered: 03/03/2022 11:21 AM]
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Filing 58
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Daniel Saunders for Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, Attorney Mr. Daniel Saunders for Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation in 21-55042, 21-55045. Hearing in Pasadena on 03/11/2022 at 1:00 P.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 10) 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: 03/03/2022. [12384985] [20-56350, 21-55042, 21-55045] (Saunders, Daniel) [Entered: 03/03/2022 08:30 AM]
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Filing 57
Filed order (SANDRA S. IKUTA, KENNETH K. LEE and DANIELLE J. FORREST) It is hereby ORDERED that the time allocated for oral argument in this case is reduced to ten (10) minutes per side. See Fed. R. App. P. 34(b). [12384566] [20-56350, 21-55042, 21-55045] (WL) [Entered: 03/02/2022 02:40 PM]
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Filing 56
Filed (ECF) Acknowledgment of hearing notice by Attorney David M. Derubertis for Appellant Felipe Alvarez in 20-56350, Attorney David M. Derubertis for Appellant Jerald Schroeder in 21-55042, Attorney David M. Derubertis for Appellant Jerald Shroeder in 21-55045. Hearing in Pasadena on 03/11/2022 at 01:00 P.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 15) 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: 02/10/2022. [12366299] [20-56350, 21-55042, 21-55045] --[COURT UPDATE: Updated docket text to reflect correct hearing time. 2/10/2022 by TYL] (Derubertis, David) [Entered: 02/10/2022 11:31 AM]
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Filing 55
Notice of Oral Argument on Friday, March 11, 2022 - 1:00 P.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 Friday, March 11, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12359220]. [20-56350, 21-55042, 21-55045] (KS) [Entered: 02/02/2022 03:38 PM]
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Filing 54
Filed (ECF) Acknowledgment of hearing notice by Attorney Joshua Fulop for Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, Attorney Joshua Fulop for Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation in 21-55042, 21-55045. Hearing in Pasadena on 03/11/2022 at 09:00 A.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 15) 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: 02/01/2022. [12357092] [20-56350, 21-55042, 21-55045] (Fulop, Joshua) [Entered: 02/01/2022 10:09 AM]
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Filing 53
Received 6 paper copies of Reply Brief [ # 50 ] filed by Felipe Alvarez and Jerald Schroeder. (sent to panel) [12325208] [20-56350, 21-55042, 21-55045] (SD) [Entered: 12/27/2021 02:11 PM]
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Filing 52
Notice of Oral Argument on Friday, March 11, 2022 - 09:00 A.M. - Courtroom 2 - 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 Friday, March 11, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12324640]. [20-56350, 21-55042, 21-55045] (KS) [Entered: 12/26/2021 06:10 AM]
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Filing 51
Filed clerk order: The reply brief [ # 50 ] submitted by Felipe Alvarez and Jerald Schroeder 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. [12321499] [20-56350, 21-55042, 21-55045] (KT) [Entered: 12/21/2021 09:20 AM]
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Filing 50
Submitted (ECF) Reply Brief for review. Submitted by Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045. Date of service: 12/20/2021. [12321326] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 12/20/2021 07:19 PM]
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Filing 49
Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 44 ]) for an extension of time to file the reply brief is granted. The optional consolidated reply brief is due December 20, 2021. [12305488] [20-56350, 21-55042, 21-55045] (OC) [Entered: 12/03/2021 04:01 PM]
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Filing 48
Filed (ECF) Attorney David M. Derubertis for Appellant Felipe Alvarez in 20-56350, Attorney David M. Derubertis for Appellant Jerald Schroeder in 21-55042, Attorney David M. Derubertis for Appellant Jerald Shroeder in 21-55045 response to notice for case being considered for oral argument. Date of service: 12/01/2021. [12302549] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 12/01/2021 01:05 PM]
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Filing 47
Filed (ECF) Attorney Joshua Fulop for Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, Attorney Joshua Fulop for Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation in 21-55042, 21-55045 response to notice for case being considered for oral argument. Date of service: 12/01/2021. [12302355] [20-56350, 21-55042, 21-55045] (Fulop, Joshua) [Entered: 12/01/2021 11:01 AM]
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Filing 46
Added Attorney(s) Joshua Fulop for party(s) Appellee Yellow Roadway Corporation Appellee YRC Worldwide Inc. Appellee YRC Inc.. [12302292] [20-56350, 21-55042, 21-55045] (RL) [Entered: 12/01/2021 10:40 AM]
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Filing 45
Filed (ECF) notice of appearance of Joshua D. Fulop (Kasowitz Benson Torres LLP - 1633 Broadway, New York, New York 10019) for Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, 21-55042, 21-55045. Date of service: 12/01/2021. (Party was previously proceeding with counsel.) [12302285] [20-56350, 21-55042, 21-55045] (Fulop, Joshua) [Entered: 12/01/2021 10:37 AM]
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Filing 44
Filed (ECF) Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045 Stipulated Motion to extend time to file Reply brief until 12/20/2021. Date of service: 11/30/2021. [12301846] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 11/30/2021 04:29 PM]
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Filing 43
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for March 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).[12298841]. [20-56350, 21-55042, 21-55045] (KS) [Entered: 11/26/2021 05:01 PM]
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Filing 42
Streamlined request [41] by Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045 to extend time to file the brief is approved. Amended briefing schedule: the optional consolidated reply brief is due 12/06/2021. [12272979] [20-56350, 21-55042, 21-55045] (JN) [Entered: 10/29/2021 01:04 PM]
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Filing 41
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045. New requested due date is 12/06/2021. [12272898] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 10/29/2021 12:13 PM]
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Filing 40
Received 6 paper copies of Answering Brief [ # 36 ] filed by appellees. [12263564] [20-56350, 21-55042, 21-55045] (CPA) [Entered: 10/20/2021 03:58 PM]
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Filing 39
Received 3 paper copies of supplemental excerpts of record [ # 37 ] in 3 volume(s) and index volume filed by Appellees. [12263091] [20-56350, 21-55042, 21-55045] (KWG) [Entered: 10/20/2021 01:07 PM]
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Filing 38
Filed clerk order: The answering brief [ # 36 ] 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 supplemental excerpts of record [ # 37 ] submitted by appellees 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. [12258637] [20-56350, 21-55042, 21-55045] (KT) [Entered: 10/15/2021 01:53 PM]
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Filing 37
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, 21-55042, 21-55045. Date of service: 10/15/2021. [12258533] [20-56350, 21-55042, 21-55045] (Saunders, Daniel) [Entered: 10/15/2021 12:58 PM]
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Filing 36
Submitted (ECF) Answering Brief for review. Submitted by Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation in 20-56350, 21-55042, 21-55045. Date of service: 10/15/2021. [12258523] [20-56350, 21-55042, 21-55045] (Saunders, Daniel) [Entered: 10/15/2021 12:52 PM]
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Filing 35
Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motions (Docket Entry Nos. [ # 33 ] & [ # 34 ]) for an extension of time to file the answering brief is granted. The consolidated answering brief is due October 15, 2021. The optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. [12237425] [20-56350, 21-55042, 21-55045] (OC) [Entered: 09/23/2021 02:53 PM]
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Filing 34
Filed (ECF) Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, 21-55042, 21-55045 Corrected Motion to extend time to file Answering brief until 10/15/2021. Date of service: 09/23/2021. [12236791] [20-56350, 21-55042, 21-55045] (Saunders, Daniel) [Entered: 09/23/2021 09:46 AM]
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Filing 33
Filed (ECF) Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, 21-55042, 21-55045 Motion to extend time to file Answering brief until 10/15/2021. Date of service: 09/22/2021. [12235814] [20-56350, 21-55042, 21-55045] (Lerner, Mark) [Entered: 09/22/2021 12:15 PM]
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Filing 32
Received 3 paper copies of excerpts of record [ # 22 ] in 7 volume(s) and index volume filed by Appellants Felipe Alvarez and Jerald Schroeder. [12194654] [20-56350, 21-55042, 21-55045] (LA) [Entered: 08/06/2021 04:41 PM]
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Filing 31
Received 6 paper copies of Opening Brief [ # 21 ] filed by Felipe Alvarez and Jerald Schroeder. [12194635] [20-56350, 21-55042, 21-55045] (SD) [Entered: 08/06/2021 04:34 PM]
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Filing 30
Streamlined request [29] by Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation in 21-55042 to extend time to file the brief is approved. Amended briefing schedule: Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation consolidated answering brief is due 09/30/2021. The optional consolidated reply brief is due 21 days from the date of service of the consolidated answering brief. [12191937] [21-55042, 20-56350, 21-55045] (BG) [Entered: 08/04/2021 01:40 PM]
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Filing 29
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, 21-55042, 21-55045. New requested due date is 09/30/2021. [12191783] [20-56350, 21-55042, 21-55045] (Lerner, Mark) [Entered: 08/04/2021 11:49 AM]
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Filing 28
Filed clerk order: The opening brief [ # 21 ] submitted by Felipe Alvarez and Jerald Schroeder 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 [ # 22 ] submitted by Felipe Alvarez and Jerald Schroeder 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. [12188505] [20-56350, 21-55042, 21-55045] (KT) [Entered: 07/30/2021 04:40 PM]
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Filing 27
Filed clerk order (Deputy Clerk: JN): Appellants motion for leave to file an oversized opening brief (Docket Entry No. [ # 24 ]) is granted. See 9th Cir. R. 32-2. The Clerk will file the opening brief submitted at Docket Entry No. [ # 21 ]. The consolidated answering brief is due August 31, 2021. The optional reply briefs are due 21 days after service of the consolidated answering brief. [12188251] [20-56350, 21-55042, 21-55045] (OC) [Entered: 07/30/2021 02:38 PM]
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Filing 26
Streamlined request [25] by Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation in 20-56350, 21-55042, 21-55045 to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 32-2. [12182821] [20-56350, 21-55042, 21-55045] (JN) [Entered: 07/26/2021 11:49 AM]
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Filing 25
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. in 20-56350, 21-55042, 21-55045. New requested due date is 09/22/2021. [12182633] [20-56350, 21-55042, 21-55045] (Lerner, Mark) [Entered: 07/26/2021 10:50 AM]
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Filing 24
Filed (ECF) Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045 Corrected Motion to file oversized brief. Date of service: 07/23/2021. [12181996] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 07/23/2021 04:56 PM]
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Filing 23
COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 24 ]. Original Text: Filed (ECF) Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045 Motion to file oversized brief. Date of service: 07/23/2021. [12181900] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 07/23/2021 04:10 PM]
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Filing 22
Submitted (ECF) excerpts of record. Submitted by Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045. Date of service: 07/22/2021. [12180818] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 07/22/2021 07:56 PM]
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Filing 21
Submitted (ECF) Opening Brief for review. Submitted by Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045. Date of service: 07/22/2021. [12180814] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 07/22/2021 07:21 PM]
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Filing 20
Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 19 ]) for an extension of time to file the opening brief is granted. The consolidated opening brief is due July 22, 2021. The consolidated answering brief is due August 23, 2021. The optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. [12157814] [20-56350, 21-55042, 21-55045] (OC) [Entered: 06/29/2021 01:54 PM]
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Filing 19
Filed (ECF) Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045 Stipulated Motion to extend time to file Opening brief until 07/22/2021. Date of service: 06/24/2021. [12153533] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 06/24/2021 01:47 PM]
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Filing 18
Streamlined request [17] by Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045 to extend time to file the brief is approved. Amended briefing schedule: Appellants Felipe Alvarez, Jerald Schroeder and Jerald Shroeder opening briefs due 07/01/2021. Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation consolidated answering brief due 08/02/2021. The optional reply briefs is due 21 days from the date of service of the consolidated answering brief. [12116014] [20-56350, 21-55042, 21-55045] (JN) [Entered: 05/18/2021 06:31 AM]
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Filing 17
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Felipe Alvarez in 20-56350, Appellant Jerald Schroeder in 21-55042, Appellant Jerald Shroeder in 21-55045. New requested due date is 07/01/2021. [12115960] [20-56350, 21-55042, 21-55045] (Derubertis, David) [Entered: 05/17/2021 07:06 PM]
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Filing 16
Filed clerk order (Deputy Clerk: LBS): Appellees motion (Docket Entry No. [ # 9 ]) to consolidate is granted. Nos. 20-56350, 21-55042, and 21-55045 are consolidated. The opening briefs are now due June 1, 2021. The consolidated answering brief is due July 1, 2021. The optional reply briefs are due within 21 days after service of the consolidated answering brief. [12099698] [20-56350, 21-55042, 21-55045] (OC) [Entered: 05/03/2021 11:34 AM]
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Filing 15
Filed (ECF) Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation reply to response (). Date of service: 04/05/2021. [12063619] [20-56350] (Saunders, Daniel) [Entered: 04/05/2021 12:55 PM]
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Filing 14
Filed (ECF) Appellant Felipe Alvarez response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing) motion to consolidate cases). Date of service: 03/29/2021. [12057426] [20-56350] (Bello, Jordan) [Entered: 03/29/2021 07:57 PM]
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Filing 13
Streamlined request [12] by Appellant Felipe Alvarez to extend time to file the brief is not approved because there is a pending motion to consolidate. [12052529] (JN) [Entered: 03/24/2021 04:49 PM]
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Filing 12
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Felipe Alvarez. New requested due date is 04/26/2021. [12051411] [20-56350] (Derubertis, David) [Entered: 03/23/2021 07:05 PM]
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Filing 11
Added Attorney(s) Mark W. Lerner for party(s) Appellee Yellow Roadway Corporation Appellee YRC Worldwide Inc. Appellee YRC Inc.. [12046169] (RL) [Entered: 03/18/2021 01:54 PM]
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Filing 10
Filed (ECF) notice of appearance of Mark Lerner (Kasowitz Benson Torres LLP - 1633 Broadway, New York, New York 10019) for Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc.. Date of service: 03/18/2021. (Party was previously proceeding with counsel.) [12046122] [20-56350] (Lerner, Mark) [Entered: 03/18/2021 01:37 PM]
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Filing 9
Filed (ECF) Appellees Yellow Roadway Corporation, YRC Inc. and YRC Worldwide Inc. Motion to consolidate cases 20-56350; 21-55042; and 21-55045. Date of service: 03/18/2021. [12046082] [20-56350] (Saunders, Daniel) [Entered: 03/18/2021 01:25 PM]
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Filing 8
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 appeals are pending. [12022870] [20-56350, 21-55042, 21-55045] (BLS) [Entered: 03/03/2021 11:52 AM]
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| Filing 7 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Assessment Conference, 03/02/2021, 11:30 a.m. Pacific Time (originally scheduled on 02/17/2021). [12002832] [20-56350, 21-55042, 21-55045] (BLS) [Entered: 02/12/2021 04:19 PM] |
| Filing 6 Terminated Lyn Agre for Yellow Roadway Corporation, YRC Worldwide Inc. and YRC Inc. in 20-56350 (due to incorrect ECF contact information) [11992721] (RY) [Entered: 02/04/2021 11:35 AM] |
| Filing 5 Filed order MEDIATION (SMC):Appeal Nos. 21-55042 and 21-55045 is under consideration for inclusion in the Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. A dial-in assessment conference in appeal nos. 21-55042 and 21-55045 will be held in conjunction with appeal no. 20-56350 on February 17, 2021, at 10:30 a.m. Pacific Time. Each participant will receive an email modifying the dial-in information. Please notify the Mediation Office at mediation@ca9.uscourts.gov if counsel does not receive an email or if additional participants should be added. Except for the above changes, all provisions of the courts order of January 5, 2021, shall apply. [11992593] [20-56350, 21-55042, 21-55045] (WL) [Entered: 02/04/2021 10:31 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 02/17/2021, 10:30 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11952576] (BLS) [Entered: 01/05/2021 10:58 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 12/23/2020. 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.[11944698]. [20-56350] (AD) [Entered: 12/24/2020 06:44 AM] |
| Filing 2 Filed (ECF) Appellant Felipe Alvarez Mediation Questionnaire. Date of service: 12/23/2020. [11942879] [20-56350] (Bello, Jordan) [Entered: 12/23/2020 07:17 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Felipe Alvarez Mediation Questionnaire due on 12/28/2020. Transcript ordered by 01/15/2021. Transcript due 02/16/2021. Appellant Felipe Alvarez opening brief due 03/26/2021. Appellees YRC Inc., YRC Worldwide Inc. and Yellow Roadway Corporation answering brief due 04/26/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11933176] (JBS) [Entered: 12/18/2020 02:12 PM] |
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