In re: Indirect Purchaser Plaintiffs, et al v. Panasonic Corporation, et al
| LG CHEM, LTD., SONY ENERGY DEVICES CORPORATION, MAXWELL CORPORATION OF AMERICA, HITACHI, LTD., PANASONIC CORPORATION OF NORTH AMERICA, SONY CORPORATION, TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC., TOSHIBA CORPORATION, SONY ELECTRONICS, INC., NEC CORPORATION, PANASONIC CORPORATION, SAMSUNG SDI CO. LTD., SANYO ELECTRIC CO, LTD, SANYO NORTH AMERICA CORPORATION, LG CHEM AMERICA, INC., SAMSUNG SDI AMERICA, INC., HITACHI MAXWELL, LTD. and NEC TOKIN CORPORATION |
| INDIRECT PURCHASER PLAINTIFFS |
| CHRISTOPHER ANDREWS, STEVEN FRANKLYN HELFAND and MICHAEL FRANK BEDNARZ |
| In re: LITHIUM ION BATTERIES ANTITRUST LITIGATION |
| 21-15200 |
| February 3, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Antitrust |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 84 MANDATE ISSUED.(MDH, MMM and JSB) [12605170] [21-15120, 21-15200] (HH) [Entered: 12/08/2022 09:47 AM] |
| Filing 83 FILED MEMORANDUM DISPOSITION (MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and JAY S. BYBEE) AFFIRMED. FILED AND ENTERED JUDGMENT. [12588550] [21-15120, 21-15200] (JN) [Entered: 11/16/2022 09:58 AM] |
| Filing 82 Filed order (MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and JAY S. BYBEE) The panel has voted to deny the Stipulated Dismissal of Appeal filed by Indirect Purchaser Plaintiffs and Christopher Andrews on May 2, 2022 as moot. The stipulated motion to dismiss was granted in consolidated case number 21-15138 on May 19, 2022. [12588543] [21-15120, 21-15200] (JN) [Entered: 11/16/2022 09:53 AM] |
| Filing 81 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/ [12570420] [21-15120, 21-15200] (LW) [Entered: 10/21/2022 02:22 PM] |
| Filing 80 ARGUED AND SUBMITTED TO MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and JAY S. BYBEE. [12566064] [21-15120, 21-15200]--[COURT UPDATE: Backdated entry to reflect correct filing date. 11/15/2022 by SLM] (NAR) [Entered: 10/18/2022 10:34 AM] |
| Filing 79 Filed (ECF) Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200 citation of supplemental authorities. Date of service: 10/15/2022. [12564287] [21-15120, 21-15200] (Frank, Theodore) [Entered: 10/15/2022 09:45 PM] |
| Filing 78 Filed (ECF) Acknowledgment of hearing notice by Attorney Theodore H. Frank for Appellant Michael Frank Bednarz in 21-15120, Attorney Theodore H. Frank for Appellee Michael Frank Bednarz in 21-15200. Hearing in San Francisco on 10/17/2022 at 2:00 P.M. (Courtroom: Courtroom 1). 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: 10/12/2022. [12560823] [21-15120, 21-15200] (Frank, Theodore) [Entered: 10/12/2022 08:30 AM] |
| Filing 77 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Kevin Kamuf Green for Appellant Indirect Purchaser Plaintiffs in 21-15200. Hearing in San Francisco on 10/17/2022 at 2:00 P.M. (Courtroom: 3rd Floor, Room 338). 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: 09/19/2022. [12543474] [21-15120, 21-15200] (Green, Kevin) [Entered: 09/19/2022 01:52 PM] |
| Filing 76 Added Attorney(s) Kevin Kamuf Green for party(s) Appellant Indirect Purchaser Plaintiffs, in case 21-15200. [12543427] [21-15120, 21-15200] (NAC) [Entered: 09/19/2022 01:33 PM] |
| Filing 75 Filed (ECF) notice of appearance of Kevin Kamuf Green (Hagens Berman Sobol Shapiro LLP, 533 F Street, Suite 207, San Diego, CA 92101) for Appellant Indirect Purchaser Plaintiffs in 21-15200. Date of service: 09/19/2022. (Party was previously proceeding with counsel.) [12543399] [21-15120, 21-15200] (Green, Kevin) [Entered: 09/19/2022 01:25 PM] |
| Filing 74 Notice of Oral Argument on Monday, October 17, 2022 - 2:00 P.M. - Courtroom 1 - Scheduled Location: San Francisco 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.[12511124]. [21-15120, 21-15200] (KS) [Entered: 08/07/2022 06:11 AM] |
| Filing 73 Received 6 paper copies of Supplemental Brief [ # 69 ] filed by Indirect Purchaser Plaintiffs. (sent to panel) [12458252] [21-15120, 21-15200] (SD) [Entered: 05/27/2022 11:23 AM] |
| Filing 72 Filed clerk order: The letter brief [ # 70 ] submitted by Michael Frank Bednarz is filed. No paper copies are required at this time. [12453472] [21-15120, 21-15200] (LA) [Entered: 05/23/2022 09:58 AM] |
| Filing 71 Filed clerk order: The supplemental brief [ # 69 ] submitted by Indirect Purchaser Plaintiffs 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12453453] [21-15120, 21-15200] (LA) [Entered: 05/23/2022 09:52 AM] |
| Filing 70 Submitted (ECF) Letter Brief for review. Submitted by Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200. Date of service: 05/20/2022. [12453445] [21-15120, 21-15200]--[COURT ENTERED FILING to replace entry [68].] (LA) [Entered: 05/23/2022 09:49 AM] |
| Filing 69 Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Indirect Purchaser Plaintiffs in 21-15120, Appellant Indirect Purchaser Plaintiffs in 21-15200. Date of service: 05/20/2022. [12453122] [21-15120, 21-15200] (Scarlett, Shana) [Entered: 05/20/2022 11:34 PM] |
| Filing 68 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 70 ]. Original Text: Filed (ECF) Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200 Correspondence: Response to Order of April 29, 2022.. Date of service: 05/20/2022 [12453120] [21-15120, 21-15200] (Frank, Theodore) [Entered: 05/20/2022 11:20 PM] |
| Filing 67 Filed (ECF) Appellee Indirect Purchaser Plaintiffs in 21-15120 Motion to dismiss the case. Date of service: 05/02/2022. [12436791] [21-15200, 21-15120] (Zapala, Adam) [Entered: 05/03/2022 10:04 AM] |
| Filing 66 Filed (ECF) Appellant Indirect Purchaser Plaintiffs in 21-15200 Motion for miscellaneous relief [Stipulated Dismissal of Appeal], Motion to dismiss the case. Date of service: 05/02/2022. [12436788] [21-15120, 21-15200] (Zapala, Adam) [Entered: 05/03/2022 10:02 AM] |
| Filing 65 Filed order (MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and JAY S. BYBEE): The parties are ordered to submit supplemental briefs setting forth their respective positions on: 1) whether Mr. Bednarzs January 14, 2021 notice of appeal of the Fee Order, Dist. Ct. Dkt. No. 2682, was timely; and 2) whether Mr. Helfands January 6, 2021 amendment to his notice of appeal, Dist. Ct. Dkt. No. 2687, affected the deadline to appeal the Fee Order. These supplemental briefs may be in the form of letters to the Clerk of Court, shall be no longer than ten double-spaced pages or 2,800 words, and shall be submitted no later than 21 days after the entry of this order. Parties who are registered for Appellate ECF must file the supplemental brief electronically. Parties who are not registered Appellate ECF filers must file the original supplemental brief plus seven paper copies. [12434439] [21-15120, 21-15200] (AF) [Entered: 04/29/2022 09:52 AM] |
| Filing 64 Filed clerk order (Deputy Clerk: AL): The previous panel has retained jurisdiction of this appeal. Oral argument, if any, will be set in due course. [12358639] [21-15120, 21-15200] (AF) [Entered: 02/02/2022 11:48 AM] |
| Filing 63 Received 6 paper copies of Cross-Appeal Reply Brief [ # 61 ] filed by Indirect Purchaser Plaintiffs. [12338585] [21-15120, 21-15200] (CPA) [Entered: 01/12/2022 10:55 AM] |
| Filing 62 Filed clerk order: The cross-appeal reply brief [ # 61 ] submitted by Indirect Purchaser Plaintiffs 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. [12334668] [21-15120, 21-15200] (KWG) [Entered: 01/07/2022 02:44 PM] |
| Filing 61 Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellant Indirect Purchaser Plaintiffs in 21-15200. Date of service: 01/07/2022. [12334650] [21-15120, 21-15200]--[COURT UPDATE: Updated docket text to reflect correct brief type. 01/07/2022 by KWG] (Scarlett, Shana) [Entered: 01/07/2022 02:38 PM] |
| Filing 60 Filed order (Deputy Clerk: TAH): The parties stipulated motion (Docket Entry No. [ # 59 ]) to voluntarily dismiss No. 21-15138 without prejudice is granted. Fed. R. App. P. 42(b). No. 21-15138 is dismissed without prejudice to reinstatement within 28 days after the district courts filing of an order denying approval of the parties settlement agreement. See Appendix A(27), General Orders of the United States Court of Appeals. A copy of this order sent to the district court shall act as and for the mandate of this court as to No. 21-15138 only. The remaining briefing schedule for Nos. 21-15200 and 21-15120 is unchanged. [12319492] (AF) [Entered: 12/17/2021 02:25 PM] |
| Filing 59 Filed (ECF) Appellee Indirect Purchaser Plaintiffs in 21-15138, 21-15120, Appellant Indirect Purchaser Plaintiffs in 21-15200 Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 12/07/2021. [12309285] [21-15138, 21-15120, 21-15200] (Zapala, Adam) [Entered: 12/07/2021 05:46 PM] |
| Filing 58 Streamlined request [57] by Appellee Indirect Purchaser Plaintiffs in 21-15120, 21-15138, Appellant Indirect Purchaser Plaintiffs in 21-15200 to extend time to file the brief is approved. Amended briefing schedule: the cross-appeal optional reply brief is due 01/07/2022. [12296694] [21-15120, 21-15200, 21-15138] (JN) [Entered: 11/23/2021 12:11 PM] |
| Filing 57 Filed (ECF) Streamlined request for extension of time to file Cross-Appeal Reply Brief by Appellee Indirect Purchaser Plaintiffs in 21-15120, 21-15138, Appellant Indirect Purchaser Plaintiffs in 21-15200. New requested due date is 01/07/2022. [12296662] [21-15120, 21-15138, 21-15200] (Berman, Steve) [Entered: 11/23/2021 11:55 AM] |
| Filing 56 Received 6 paper copies of Third Brief on Cross-Appeal [ # 53 ] filed by Michael Frank Bednarz. [12296653] [21-15120, 21-15200, 21-15138] (SD) [Entered: 11/23/2021 11:46 AM] |
| Filing 55 Filed clerk order (Deputy Clerk: JW): In Appeal No. 21-15138, the briefing schedule is reset as follows: appellant Christopher Andrews third brief on cross appeal (i.e., Appellant Christopher Andrews optional reply brief) is due February 15, 2022. Apart from this change, the cross-complaint briefing schedule previously set is otherwise unchanged. [12292020] [21-15120, 21-15200, 21-15138] (RT) [Entered: 11/18/2021 02:08 PM] |
| Filing 54 Filed clerk order: The third brief on cross-appeal [ # 53 ] submitted by Michael Frank Bednarz 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: yellow. The paper copies shall be submitted to the principal office of the Clerk. [12291057] [21-15120, 21-15200, 21-15138] (LA) [Entered: 11/17/2021 05:38 PM] |
| Filing 53 Submitted (ECF) Third Brief on Cross-Appeal for review. Submitted by Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200. Date of service: 11/17/2021. [12291025] [21-15120, 21-15138, 21-15200] (Frank, Theodore) [Entered: 11/17/2021 05:16 PM] |
| Filing 52 Received 6 paper copies of Second Brief on Cross-Appeal [ # 42 ] filed by Indirect Purchaser Plaintiffs. [12241904] [21-15120, 21-15200, 21-15138] (SD) [Entered: 09/28/2021 03:28 PM] |
| Filing 51 Received 3 paper copies of supplemental excerpts of record [ # 43 ] in 1 volume(s) filed by Appellee/Cross-Appellant Indirect Purchaser Plaintiffs. [12241495] [21-15120, 21-15200, 21-15138] (KWG) [Entered: 09/28/2021 12:26 PM] |
| Filing 50 Received 6 paper copies of Second Brief on Cross-Appeal [ # 40 ] filed by Indirect Purchaser Plaintiffs. [12240743] [21-15120, 21-15200, 21-15138] (SD) [Entered: 09/27/2021 05:18 PM] |
| Filing 49 Received 3 paper copies of supplemental excerpts of record [ # 41 ] in 10 volume(s) and index volume filed by Appellee/Cross-Appellant Indirect Purchaser Plaintiffs. [12238558] [21-15120, 21-15200, 21-15138]--[COURT UPDATE: received 3 additional paper copies of excerpts of record in 10 volume(s). 09/27/2021 by KT] (LA) [Entered: 09/24/2021 02:38 PM] |
| Filing 48 Filed clerk order: The second brief on cross-appeal [ # 40 ] submitted by Indirect Purchaser Plaintiffs 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 [ # 41 ] submitted by Indirect Purchaser Plaintiffs 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. [12235396] [21-15120, 21-15200, 21-15138] (KWG) [Entered: 09/22/2021 08:55 AM] |
| Filing 47 Streamlined request [44], [45] by Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200 to extend time to file the brief is approved. Amended briefing schedule: Third brief on cross appeal due 11/17/2021 for Michael Frank Bednarz, Hitachi Maxwell, Ltd., Hitachi, Ltd., LG Chem America, Inc., LG Chem, Ltd., Lithium Ion Batteries Antitrust Litigation, Maxwell Corporation of America, NEC Corporation, NEC Tokin Corporation, Panasonic Corporation, Panasonic Corporation of North America, Samsung SDI America, Inc., Samsung SDI Co. Ltd., Sanyo Electric Co, Ltd, Sanyo North America Corporation, Sony Corporation, Sony Electronics, Inc., Sony Energy Devices Corporation, Toshiba America Electronic Components, Inc., Toshiba Corporation and Christopher Andrews.The optional cross-appeal reply brief is due 21 days after service of the third brief on cross-appeal . [12234257] [21-15120, 21-15200, 21-15138] (BG) [Entered: 09/21/2021 09:27 AM] |
| Filing 46 Filed clerk order: The second brief on cross-appeal [ # 42 ] submitted by Indirect Purchaser Plaintiffs 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 [ # 43 ] submitted by Indirect Purchaser Plaintiffs 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. [12234162] [21-15120, 21-15200, 21-15138] (KWG) [Entered: 09/21/2021 08:44 AM] |
| Filing 45 Filed (ECF) Streamlined request for extension of time to file Third Brief on Cross-Appeal by Appellant Mr. Christopher Andrews in 21-15138. New requested due date is 11/17/2021. [12234102] [21-15138, 21-15200] (Andrews, Christopher) [Entered: 09/21/2021 07:50 AM] |
| Filing 44 Filed (ECF) Streamlined request for extension of time to file Third Brief on Cross-Appeal by Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200. New requested due date is 11/17/2021. [12232522] [21-15120, 21-15138, 21-15200] (Frank, Theodore) [Entered: 09/20/2021 06:46 AM] |
| Filing 43 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Indirect Purchaser Plaintiffs in 21-15120, 21-15138, Appellant Indirect Purchaser Plaintiffs in 21-15200. Date of service: 09/17/2021. [12232460] [21-15120, 21-15138, 21-15200]--[COURT UPDATE: Attached corrected PDF of the excerpts. 09/21/2021 by KWG] (Scarlett, Shana) [Entered: 09/17/2021 07:19 PM] |
| Filing 42 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellee Indirect Purchaser Plaintiffs in 21-15120, 21-15138, Appellant Indirect Purchaser Plaintiffs in 21-15200. Date of service: 09/17/2021. [12232458] [21-15120, 21-15138, 21-15200]--[COURT UPDATE: Attached corrected PDF of the brief. Updated docket text to reflect correct brief type. 09/21/2021 by KWG] (Scarlett, Shana) [Entered: 09/17/2021 07:17 PM] |
| Filing 41 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Indirect Purchaser Plaintiffs in 21-15138, 21-15120, Appellant Indirect Purchaser Plaintiffs in 21-15200. Date of service: 09/17/2021. [12232456] [21-15138, 21-15120, 21-15200]--[COURT UPDATE: Attached corrected PDF of the excerpts vols 1-10 and index vol. 09/22/2021 by KWG] (Zapala, Adam) [Entered: 09/17/2021 07:06 PM] |
| Filing 40 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellee Indirect Purchaser Plaintiffs in 21-15138, 21-15120, Appellant Indirect Purchaser Plaintiffs in 21-15200. Date of service: 09/17/2021. [12232453] [21-15138, 21-15120, 21-15200]--[COURT UPDATE: Attached corrected PDF of the brief and updated docket text to reflect correct brief type. 09/22/2021 by KWG] (Zapala, Adam) [Entered: 09/17/2021 07:03 PM] |
| Filing 39 Received 6 paper copies of First Brief on Cross-Appeal [ # 31 ] filed by Mr. Christopher Andrews. [12206469] [21-15120, 21-15200, 21-15138] (SD) [Entered: 08/19/2021 04:02 PM] |
| Filing 38 Filed clerk order: The first brief on cross-appeal [ # 31 ] submitted by Mr. Christopher Andrews 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 paper copies shall be submitted to the principal office of the Clerk. [12200825] [21-15120, 21-15200, 21-15138] (KWG) [Entered: 08/13/2021 11:39 AM] |
| Filing 37 Filed clerk order (Deputy Clerk: MK-S): Christopher Andrewss unopposed motion (Docket Entry No. [ # 30 ] in No. 21-15138; Docket Entry No. 30 in No. 21-15200) to file a substitute first brief on cross-appeal is granted. The Clerk will strike Andrewss first brief on cross-appeal (Docket Entry No. [26] in No. 21-15138; Docket Entry No. 26 in No. 21-15200) and file the substitute first brief on cross-appeal (Docket Entry No. [ # 31 ] in No. 21-15138; Docket Entry No. 31 in No. 21-15200). The existing briefing schedule remains in effect. [12200294] [21-15120, 21-15200, 21-15138] (AF) [Entered: 08/12/2021 05:02 PM] |
| Filing 36 Received 6 paper copies of First Brief on Cross-Appeal [ # 29 ] filed by Michael Frank Bednarz. [12183732] [21-15120, 21-15200, 21-15138] (CPA) [Entered: 07/27/2021 08:49 AM] |
| Filing 35 Received 3 paper copies of excerpts of record [ # 25 ] in 4 volume(s) and index volume filed by Appellant/Cross-Appellee Michael Frank Bednarz. [12182647] [21-15120, 21-15200, 21-15138] (KWG) [Entered: 07/26/2021 10:55 AM] |
| Filing 34 Streamlined request [33] by Appellee Indirect Purchaser Plaintiffs in 21-15120, 21-15138, Appellant Indirect Purchaser Plaintiffs in 21-15200 to extend time to file the brief is approved. Amended briefing schedule: Second brief on cross appeal due 09/17/2021 for Indirect Purchaser Plaintiffs. Third brief on cross appeal due 10/18/2021 for Michael Frank Bednarz, Hitachi Maxwell, Ltd., Hitachi, Ltd., LG Chem America, Inc., LG Chem, Ltd., Lithium Ion Batteries Antitrust Litigation, Maxwell Corporation of America, NEC Corporation, NEC Tokin Corporation, Panasonic Corporation, Panasonic Corporation of North America, Samsung SDI America, Inc., Samsung SDI Co. Ltd., Sanyo Electric Co, Ltd, Sanyo North America Corporation, Sony Corporation, Sony Electronics, Inc., Sony Energy Devices Corporation, Toshiba America Electronic Components, Inc., Toshiba Corporation and Christopher Andrews. The optional cross-appeal reply brief for Indirect Purchaser Plaintiffs is due 21 days after service of the third brief on cross-appeal. [12181733] [21-15120, 21-15200, 21-15138] (BG) [Entered: 07/23/2021 02:52 PM] |
| Filing 33 Filed (ECF) Streamlined request for extension of time to file Second Brief on Cross-Appeal by Appellee Indirect Purchaser Plaintiffs in 21-15120, 21-15138, Appellant Indirect Purchaser Plaintiffs in 21-15200. New requested due date is 09/17/2021. [12181318] [21-15120, 21-15138, 21-15200] (Berman, Steve) [Entered: 07/23/2021 11:52 AM] |
| Filing 32 Filed clerk order: The first brief on cross-appeal [ # 29 ] submitted by Michael Frank Bednarz 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 [ # 25 ] submitted by Michael Frank Bednarz 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. [12177346] [21-15120, 21-15200, 21-15138] (LA) [Entered: 07/20/2021 09:08 AM] |
| Filing 31 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Mr. Christopher Andrews in 21-15138, Appellee Mr. Christopher Andrews in 21-15200. Date of service: 07/19/2021. [12176739] [21-15138, 21-15200]--[COURT UPDATE: Spread docket text to 21-15120. 07/19/2021 by LA] (Andrews, Christopher) [Entered: 07/19/2021 04:31 PM] |
| Filing 30 Filed (ECF) Appellant Mr. Christopher Andrews in 21-15138, Appellee Mr. Christopher Andrews in 21-15200 Motion to file substitute or corrected brief. Date of service: 07/19/2021. [12176728] [21-15138, 21-15200]--[COURT UPDATE: Spread docket text to 21-15120. 07/19/2021 by LA] (Andrews, Christopher) [Entered: 07/19/2021 04:23 PM] |
| Filing 29 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200. Date of service: 07/19/2021. [12176633] [21-15120, 21-15138, 21-15200]--[COURT UPDATE: Updated docket text to correct brief type. 07/20/2021 by LA] (Frank, Theodore) [Entered: 07/19/2021 03:36 PM] |
| Filing 28 Added Attorney(s) Adam Ezra Schulman for party(s) Appellee Michael Frank Bednarz, in case 21-15200 Attorney(s) Adam Ezra Schulman for party(s) Appellant Michael Frank Bednarz, in case 21-15120. [12175496] [21-15200, 21-15120, 21-15138] (DJV) [Entered: 07/19/2021 06:02 AM] |
| Filing 27 Filed (ECF) notice of appearance of Adam Ezra Schulman (Hamilton Lincoln Law Institute) for Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200. Date of service: 07/18/2021. (Party was previously proceeding with counsel.) [12175465] [21-15120, 21-15138, 21-15200] (Schulman, Adam) [Entered: 07/18/2021 11:44 AM] |
| Filing 26 STRICKEN PER ORDER [ # 37 ]. Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Mr. Christopher Andrews in 21-15138. Date of service: 07/16/2021. [12175351] [21-15138, 21-15200]--[COURT UPDATE: Updated docket text to correct brief type, spread docket text to 21-15120. 07/19/2021 by LA] (Andrews, Christopher) [Entered: 07/16/2021 05:09 PM] |
| Filing 25 Submitted (ECF) excerpts of record. Submitted by Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200. Date of service: 07/16/2021. [12175157] [21-15120, 21-15138, 21-15200] (Frank, Theodore) [Entered: 07/16/2021 03:32 PM] |
| Filing 24 Streamlined request [23] by Appellant Michael Frank Bednarz in 21-15120, Appellee Michael Frank Bednarz in 21-15200 to extend time to file the brief is approved. Streamlined requests allow for a 30 day extension of time to file the brief. Amended briefing schedule: The first cross-appeal briefs are due July 19, 2021 for objectors Christopher Andrews and Michael Frank Bednarz. The second briefs on cross-appeal are due August 18, 2021 for Indirect Purchaser Plaintiffs and appellees Hitachi Maxwell, Ltd., Hitachi, Ltd., LG Chem America, Inc., LG Chem, Ltd., Lithium Ion Batteries Antitrust Litigation, Maxwell Corporation of America, NEC Corporation, NEC Tokin Corporation, Panasonic Corporation, Panasonic Corporation of North America, Samsung SDI America, Inc., Samsung SDI Co. Ltd., Sanyo Electric Co, Ltd, Sanyo North America Corporation, Sony Corporation, Sony Electronics, Inc., Sony Energy Devices Corporation, Toshiba America Electronic Components, Inc., and Toshiba Corporation. The third briefs on cross-appeal are due September 17, 2021 for objectors Christopher Andrews and Michael Frank Bednarz. The optional cross-appeal reply brief for Indirect Purchaser Plaintiffs is due 21 days after service of the third brief on cross-appeal. [12133995] [21-15120, 21-15200, 21-15138] (JN) [Entered: 06/04/2021 11:47 AM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file First Brief on Cross-Appeal by Appellant Michael Frank Bednarz in 21-15120. New requested due date is 07/16/2021. [12133658] [21-15120, 21-15138, 21-15200] (Frank, Theodore) [Entered: 06/04/2021 09:23 AM] |
| Filing 22 Terminated Appellee Steven Franklyn Helfand in 21-15200 [12125548] [21-15120, 21-15200, 21-15138] (AF) [Entered: 05/26/2021 02:04 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: LCC): The briefing schedule established in this courts May 11, 2021 order is modified as follows: No brief is due for Steven Franklyn Helfand, whose appeal (No. 21-15022) was previously dismissed. The briefing schedule otherwise remains unchanged. [12125545] [21-15120, 21-15200, 21-15138] (AF) [Entered: 05/26/2021 02:03 PM] |
| Filing 20 Filed (ECF) Appellee Indirect Purchaser Plaintiffs Correspondence: Letter to Clerk of Court re Correction of Clerical Error. Date of service: 05/18/2021 [12117337] [21-15120]--[COURT UPDATE: Spread docket text to 21-15200 and 21-15138. 05/19/2021 by SLM] (Zapala, Adam) [Entered: 05/18/2021 04:55 PM] |
| Filing 19 Filed order (RICHARD A. PAEZ and DANIELLE J. HUNSAKER): The motion to dismiss appeal No. 21-15200 (Docket Entry No. [ # 13 ] in appeal No. 21-15120) is denied without prejudice to renewing the arguments in the merits briefing. The court modifies the briefing schedule in these cross-appeals as follows: The first cross-appeal briefs are due June 18, 2021 for objectors Christopher Andrews and Michael Frank Bednarz. The second briefs on cross-appeal are due July 19, 2021 for Indirect Purchaser Plaintiffs and appellees Hitachi Maxwell, Ltd., Hitachi, Ltd., LG Chem America, Inc., LG Chem, Ltd., Lithium Ion Batteries Antitrust Litigation, Maxwell Corporation of America, NEC Corporation, NEC Tokin Corporation, Panasonic Corporation, Panasonic Corporation of North America, Samsung SDI America, Inc., Samsung SDI Co. Ltd., Sanyo Electric Co, Ltd, Sanyo North America Corporation, Sony Corporation, Sony Electronics, Inc., Sony Energy Devices Corporation, Toshiba America Electronic Components, Inc., Toshiba Corporation, and Steven Franklyn Helfand. The third briefs on cross-appeal are due August 18, 2021 for objectors Christopher Andrews and Michael Frank Bednarz. The optional cross-appeal reply brief for Indirect Purchaser Plaintiffs is due 21 days after service of the third brief on cross-appeal by Michael Frank Bednarz. All parties on a side are encouraged to join in a single brief to the extent practicable. See 9th Cir. R. 32-2 circuit advisory committee note. [12109409] [21-15120, 21-15200, 21-15138] (AF) [Entered: 05/11/2021 02:19 PM] |
| Filing 18 Filed (ECF) Appellee Michael Frank Bednarz in 21-15200, Appellant Michael Frank Bednarz in 21-15120 reply to response (). Date of service: 04/19/2021. [12078389] [21-15200, 21-15120, 21-15138] (Frank, Theodore) [Entered: 04/19/2021 08:40 AM] |
| Filing 17 Filed (ECF) Appellee Indirect Purchaser Plaintiffs in 21-15120, 21-15138, Appellant Indirect Purchaser Plaintiffs in 21-15200 response opposing motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies), [ # 13 ] Motion (ECF Filing) motion to dismiss the case). Date of service: 04/12/2021. [12071766] [21-15120, 21-15138, 21-15200] (Scarlett, Shana) [Entered: 04/12/2021 08:26 PM] |
| Filing 16 Filed (ECF) Appellant Mr. Christopher Andrews in 21-15138, Appellee Mr. Christopher Andrews in 21-15200 response to motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies), [ # 13 ] Motion (ECF Filing) motion to dismiss the case). Date of service: 04/11/2021. [12070142] [21-15138, 21-15200] (Andrews, Christopher) [Entered: 04/11/2021 06:41 PM] |
| Filing 15 Filed clerk order (Deputy Clerk: AC): On February 24, 2021, the court issued an order to show cause why appeal No. 21-15138 should not be dismissed. On April 1, 2021, the court discharged that order to show cause. On April 2, 2021 the court established a briefing schedule in these appeals. Also on April 2, 2021, appellant-cross-appellee Bednarz filed a motion to clarify the briefing schedule and to dismiss appeal No. 21-15200. Briefing is stayed. The court will establish a new briefing schedule upon resolution of the motion to dismiss appeal No. 21-15200. [12069178] [21-15120, 21-15200, 21-15138] (AF) [Entered: 04/09/2021 10:27 AM] |
| Filing 14 Filed (ECF) Appellant Mr. Christopher Andrews in 21-15138, Appellee Mr. Christopher Andrews in 21-15200 response opposing motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies), [ # 13 ] Motion (ECF Filing) motion to dismiss the case). Date of service: 04/05/2021. [12062902] [21-15138, 21-15200]--[COURT UPDATE: Spread docket text to 21-15120. 04/05/2021 by SLM] (Andrews, Christopher) [Entered: 04/05/2021 04:54 AM] |
| Filing 13 Filed (ECF) Appellee Michael Frank Bednarz in 21-15200, Appellant Michael Frank Bednarz in 21-15120 Motion for miscellaneous relief [Motion to Clarify April 2 Scheduling Order and Motion to Dismiss Appeal No. 21-15200 as Untimely], Motion to dismiss the case. Date of service: 04/02/2021. [12062749] [21-15200, 21-15120, 21-15138] (Frank, Theodore) [Entered: 04/02/2021 09:22 PM] |
| Filing 12 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 11 ] (ECF Filing) filed by Appellant Mr. Christopher Andrews, Appellee Mr. Christopher Andrews; Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellant Mr. Christopher Andrews, Appellee Mr. Christopher Andrews. First cross appeal brief due 06/07/2021 for Christopher Andrews. Second brief on cross appeal due 07/07/2021 for Michael Frank Bednarz, Hitachi Maxwell, Ltd., Hitachi, Ltd., Indirect Purchaser Plaintiffs, LG Chem America, Inc., LG Chem, Ltd., Lithium Ion Batteries Antitrust Litigation, Maxwell Corporation of America, NEC Corporation, NEC Tokin Corporation, Panasonic Corporation, Panasonic Corporation of North America, Samsung SDI America, Inc., Samsung SDI Co. Ltd., Sanyo Electric Co, Ltd, Sanyo North America Corporation, Sony Corporation, Sony Electronics, Inc., Sony Energy Devices Corporation, Toshiba America Electronic Components, Inc., Toshiba Corporation and Steven Franklyn Helfand. Third brief on cross appeal due 08/06/2021 for Christopher Andrews. The fourth cross appeal brief is due within 21days after service of the third cross appeal brief. [12061812] [21-15138, 21-15120, 21-15200]--[Edited: Updated docket tex to match PDF. 04/02/2021 by SLM] (GS) [Entered: 04/02/2021 10:46 AM] |
| Filing 11 Filed (ECF) Appellant Mr. Christopher Andrews in 21-15138, Appellee Mr. Christopher Andrews in 21-15200 Motion to extend time to file Opening brief. Date of service: 04/02/2021. [12061735] [21-15120, 21-15200, 21-15138] --[COURT ENTERED FILING. Originally filed in case 21-15138 only.] (TYL) [Entered: 04/02/2021 10:20 AM] |
| Filing 10 Filed (ECF) Appellant Mr. Christopher Andrews in 21-15138 reply to response to Court order dated 02/24/2021. Date of service: 03/04/2021. [12023717] [21-15138, 21-15200] (Andrews, Christopher) [Entered: 03/04/2021 03:40 AM] |
| Filing 9 Filed order MEDIATION (JW): This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12015649] [21-15138, 21-15120, 21-15200] (WL) [Entered: 02/24/2021 03:03 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: CO): The district courts post-judgment order was entered on the docket on December 10, 2020. Appellants notice of appeal was filed in the district court on January 15, 2021. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 30 days after entry of the district courts post-judgment order. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12015315] [21-15138, 21-15120, 21-15200] (CKP) [Entered: 02/24/2021 01:14 PM] |
| Filing 7 Fee status changed ( [Case Number 21-15138: IFP] ). [12015300] [21-15138, 21-15120, 21-15200] (CO) [Entered: 02/24/2021 01:08 PM] |
| Filing 6 Terminated James F. Lerner for Sanyo North America Corporation, Sanyo Electric Co, Ltd, Panasonic Corporation of North America and Panasonic Corporation in 21-15022, 21-15120, 21-15138 and 21-15200 (due to incorrect ECF contact information) [12007998] [21-15022, 21-15200, 21-15120, 21-15138] (RY) [Entered: 02/18/2021 10:24 AM] |
| Filing 5 Filed (ECF) Appellee Indirect Purchaser Plaintiffs Correspondence: Letter to Court requesting permission to file Voluntary Dismissal of Appeal on behalf of Appellant Steven Franklyn Helfand, per his request.. Date of service: 02/16/2021 [12005502] [21-15022]--[COURT UPDATE: Spread docket text to 21-15200. 02/17/2021 by SLM] (Zapala, Adam) [Entered: 02/16/2021 05:58 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 02/10/2021. 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.[12000091]. [21-15200] (AD) [Entered: 02/10/2021 06:44 PM] |
| Filing 3 Filed (ECF) Appellant Indirect Purchaser Plaintiffs in 21-15200 Mediation Questionnaire. Date of service: 02/10/2021. [11999310] [21-15200, 21-15022, 21-15120, 21-15138] (Scarlett, Shana) [Entered: 02/10/2021 12:45 PM] |
| Filing 2 Terminated Nancy L. Fineman for Indirect Purchaser Plaintiffs in 21-15022, 21-15120, 21-15138, and 21-15200 (for failure to register for Appellate ECF) [11995759] [21-15022, 21-15200, 21-15120, 21-15138] (JBS) [Entered: 02/08/2021 10:35 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Indirect Purchaser Plaintiffs Mediation Questionnaire due on 02/10/2021. First cross appeal brief due 05/04/2021 for Christopher Andrews, Michael Frank Bednarz and Steven Franklyn Helfand. Second brief on cross appeal due 06/04/2021 for Hitachi Maxwell, Ltd., Hitachi, Ltd., Indirect Purchaser Plaintiffs, LG Chem America, Inc., LG Chem, Ltd., Lithium Ion Batteries Antitrust Litigation, Maxwell Corporation of America, NEC Corporation, NEC Tokin Corporation, Panasonic Corporation, Panasonic Corporation of North America, Samsung SDI America, Inc., Samsung SDI Co. Ltd., Sanyo Electric Co, Ltd, Sanyo North America Corporation, Sony Corporation, Sony Electronics, Inc., Sony Energy Devices Corporation, Toshiba America Electronic Components, Inc., Toshiba Corporation, Michael Frank Bednarz and Christopher Andrews. Third brief on cross appeal due 07/06/2021 for Christopher Andrews, Michael Frank Bednarz and Steven Franklyn Helfand. Optional cross appeal Reply brief for Indirect Purchaser Plaintiffs is due within 21 days of service of Third brief on cross appeal. [11991783] [21-15200, 21-15022, 21-15120, 21-15138] (RT) [Entered: 02/03/2021 03:32 PM] |
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