Tisha Castillo, et al v. George Johnson, et al
| ULTRA RACING LLC, ATLAS SOUTHWEST RECREATION COMPANY, SOUTHWEST ENVIRONMENTAL UTILITIES LLC, ATLAS SOUTHWEST INCORPORATED, GHJ INVESTMENTS LLC, ULTRA LEASING LLC, FELIX SOLAR LLC, CENTRAL ARIZONA COMMUNICATIONS LLC, GOLD KEY AVIATION INCORPORATED, SPECIFIC ENGINEERING LLC, OASIS STORAGE SOLUTIONS LLC, 1580 SANTAN MOUNTAIN LLC, ATHENA GROUP LLC and CENTRAL ARIZONA SOLID WASTE INCORPORATED |
| DECEMBER COMPANIES, INC., an Arizona corporation, BARJO LLC, an Arizona limited liability company, ROADRUNNER TRANSIT LLC, PINETOP TRUST II, Chris Johnson and Barbara Johnson, as trustees, ULTRA MANAGEMENT LLC, THE GEORGE H. JOHNSON AND JANA S. JOHNSON REVOCABLE TRUST DATED JULY 9, 1987, George and Jana Johnson as trustees, GEORGE HARRY JOHNSON, BARBARA JOHNSON, HUNT MGT LLC, BAJ LIVING TRUST, Barbara A. Johnson as trustee, JOHNSON INTERNATIONAL, INC., CHRIS JOHNSON FAMILY TRUST DATED SEPTEMBER 14, 2000, Chris and Margaret Johnson as trustees, CHRIS JOHNSON, JOHNSON UTILITIES LLC, MARGARET JOHNSON and JANA JOHNSON, a married couple |
| TISHA CASTILLO, KAREN CHRISTIAN and STEVE PRATT, on behalf of themselves and others similarly situated |
| 21-15224 |
| February 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
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| Filing 41 MANDATE ISSUED.(JCW, MMS and DJF) [12471548] (HH) [Entered: 06/15/2022 10:10 AM] |
Filing 40
Order filed (J. CLIFFORD WALLACE, MARY M. SCHROEDER and DANIELLE J. FORREST): On April 14, 2022, the court ordered the Parties to provide a status report and notify the court if they still intend to submit a joint motion for dismissal of this appeal or show cause for why this appeal should not be dismissed. See Dkt. No. [ # 38 ]. On April 22, 2022, the Parties provided a joint status report indicating that they would advise the court on May 2, 2022, regarding the dismissal of the instant appeal. See Dkt. No. [ # 39 ]. Since then, the Parties have not provided an update regarding the dismissal of the appeal or shown cause for why this appeal should not be dismissed. This appeal is hereby DISMISSED. [12455471] (AF) [Entered: 05/24/2022 04:20 PM]
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| Filing 39 Filed (ECF) Appellees Tisha Castillo, Karen Christian and Steve Pratt status report (as required by Court order dated 04/14/2022). Date of service: 04/22/2022 [12429368] [21-15224] (Krislov, Clinton) [Entered: 04/22/2022 07:15 PM] |
| Filing 38 Filed order (J. CLIFFORD WALLACE, MARY M. SCHROEDER and DANIELLE J. FORREST): On August 9, 2021, the Parties jointly provided a notice of settlement, notifying the court that [i]f the District Court approves the settlement agreement, then the Parties anticipate filing a Joint Motion for Dismissal of this appeal. Dkt. No. [ # 31 ] at 2. This appeal was subsequently stayed pending the decision of the district court approving the Parties settlement. See Dkt. No. [ # 33 ]. After the district court granted Plaintiffs motion for preliminary approval of class action settlement, the Parties were ordered to provide a status report to this court no later than April 11, 2022, following the district courts final approval hearing on March 25, 2022. See Dkt. No. [ # 37 ]. On March 31, 2022, the district court granted Plaintiffs motion for final approval of class action settlement. See Dist. Ct. Dkt. No. 271. The Parties have not submitted any status report to this court following the final approval hearing. No later than April 22, 2022, the Parties shall provide a status report and notify this court if they still intend to submit a joint motion for dismissal of this appeal or show cause for why this appeal should not be dismissed. [12421992] (AF) [Entered: 04/14/2022 04:54 PM] |
| Filing 37 Filed clerk order (Deputy Clerk: AF): This appeal was stayed pending the decision of the district court approving the parties settlement. See Dkt. No. [ # 33 ]. On December 14, 2021, the district court granted Plaintiffs motion for preliminary approval of class action settlement and ordered a final approval hearing on March 25, 2022. See Dist. Ct. Dkt. No. 265. Following the final approval hearing, the parties shall provide a status report to this court no later than April 11, 2022. [12359783] (AF) [Entered: 02/03/2022 09:59 AM] |
| Filing 36 Filed (ECF) Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Margaret Johnson, Pinetop Trust II, Roadrunner Transit LLC, The George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987 and Ultra Management LLC status report (as required by Court order dated 08/23/2021). Date of service: 10/25/2021 [12267239] [21-15224] (Porter, Hannah) [Entered: 10/25/2021 11:29 AM] |
| Filing 35 Case came on for submission before J. CLIFFORD WALLACE, MARY M. SCHROEDER and DANIELLE J. FORREST SUBMISSION DEFERRED. [12227724] (TG) [Entered: 09/14/2021 11:19 AM] |
| Filing 34 Case came on for submission, SUBMISSION DEFERRED. [12211568] (AML) [Entered: 08/25/2021 02:44 PM] |
| Filing 33 Filed clerk order (Deputy Clerk: AF): The joint motion for continuance of oral argument and stay of appeal, filed August 9, 2021, is GRANTED. Dkt. No. [ # 32 ]. The oral argument set for September 14, 2021, is continued and this appeal is stayed pending the decision of the district court approving the parties settlement. The parties shall provide a status report to this court within 63 days following this order. [12208257] (AF) [Entered: 08/23/2021 09:45 AM] |
| Filing 32 Filed (ECF) Appellees Tisha Castillo, Karen Christian and Steve Pratt Joint Motion for miscellaneous relief [JOINT MOTION FOR CONTINUANCE OF ORAL ARGUMENT AND STAY OF APPEAL]. Date of service: 08/09/2021. [12196007] [21-15224] (Goulder, Jeffrey) [Entered: 08/09/2021 02:44 PM] |
| Filing 31 Filed (ECF) Appellees Tisha Castillo, Karen Christian and Steve Pratt Correspondence: NOTICE OF SETTLEMENT. Date of service: 08/09/2021 [12195891] [21-15224] (Goulder, Jeffrey) [Entered: 08/09/2021 02:14 PM] |
| Filing 30 Notice of Oral Argument on Tuesday, September 14, 2021 - 09:00 A.M. - Courtroom 3 - 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 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, September 14, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12162465]. [21-15224] (KS) [Entered: 07/04/2021 06:09 AM] |
| Filing 29 Received 6 paper copies of Reply Brief [ # 27 ] filed by Appellants. (sent to panel) [12147094] (SD) [Entered: 06/17/2021 11:15 AM] |
| Filing 28 Filed clerk order: The reply brief [ # 27 ] submitted by appellants 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. [12145117] (KT) [Entered: 06/15/2021 02:55 PM] |
| Filing 27 Submitted (ECF) Reply Brief for review. Submitted by Appellants BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Margaret Johnson, Pinetop Trust II, Roadrunner Transit LLC, The George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987 and Ultra Management LLC. Date of service: 06/14/2021. [12145112]--[COURT ENTERED FILING to correct entry [26].] (KT) [Entered: 06/15/2021 02:54 PM] |
| Filing 26 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 27 ]. Original Text: Filed (ECF) Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., Hunt MGT LLC, Johnson International, Inc., Johnson Utilities LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Margaret Johnson, Pinetop Trust II, Roadrunner Transit LLC, The George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987, Ultra Management LLC and Appellees Tisha Castillo, Karen Christian and Steve Pratt reply to response (). Date of service: 06/14/2021. [12143730] [21-15224] (Fuller, Mark) [Entered: 06/14/2021 03:51 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: AC): The unopposed motion for an extension of time to file the reply brief (Docket Entry No. [ # 24 ]) is granted. The optional reply brief is due June 14, 2021. [12120997] (WL) [Entered: 05/21/2021 12:07 PM] |
| Filing 24 Filed (ECF) Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Margaret Johnson, Pinetop Trust II, Roadrunner Transit LLC, The George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987 and Ultra Management LLC Motion to extend time to file a reply until 06/14/2021. Date of service: 05/14/2021. [12113750] [21-15224] (Fuller, Mark) [Entered: 05/14/2021 02:47 PM] |
| Filing 23 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco 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).[12107515]. [21-15224] (KS) [Entered: 05/10/2021 11:51 AM] |
| Filing 22 Received 6 paper copies of Answering Brief [ # 19 ] filed by Appellees. [12106246] (SD) [Entered: 05/07/2021 03:13 PM] |
| Filing 21 Received 3 paper copies of supplemental excerpts of record [ # 17 ] in 1 volume(s) filed by Appellees. [12105904] (KWG) [Entered: 05/07/2021 12:40 PM] |
| Filing 20 Filed clerk order: The answering brief [ # 19 ] 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 [ # 17 ] 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. [12103663] (LA) [Entered: 05/05/2021 04:19 PM] |
| Filing 18 Terminated Stefan M. Palys for Steve Pratt, Karen Christian and Tisha Castillo in 21-15224 (due to incorrect ECF account information). [12102606] (SLM) [Entered: 05/05/2021 10:00 AM] |
| Filing 19 Submitted (ECF) Answering Brief for review. Submitted by Appellees Tisha Castillo, Karen Christian and Steve Pratt. Date of service: 05/05/2021. [12103332] [21-15224]--[COURT UPDATE: Backdated entry to reflect original submission date. 05/05/2021 by LA] (Goulder, Jeffrey) [Entered: 05/05/2021 02:45 PM] |
| Filing 17 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Tisha Castillo, Karen Christian and Steve Pratt. Date of service: 05/03/2021. [12100101] [21-15224]--[COURT UPDATE: Attached corrected excerpts. 05/05/2021 by LA] (Goulder, Jeffrey) [Entered: 05/03/2021 02:18 PM] |
| Filing 16 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 19 ]. Original Text: Filed (ECF) Appellees Tisha Castillo, Karen Christian and Steve Pratt response to Brief Submitted for Review (ECF Filing). Date of service: 05/03/2021. [12100057]. [21-15224] (Goulder, Jeffrey) [Entered: 05/03/2021 01:56 PM] |
| Filing 15 Filed clerk order (Deputy Clerk: AC): The unopposed motion for an extension of time to file the answering brief (Docket Entry No. [ # 14 ]) is granted. The answering brief is due May 3, 2021. The optional reply brief remains due within 21 days after service of the answering brief. [12069051] (WL) [Entered: 04/09/2021 09:25 AM] |
| Filing 14 Filed (ECF) Appellees Tisha Castillo, Karen Christian and Steve Pratt Motion to extend time to file Answering brief until 05/03/2021. Date of service: 04/08/2021. [12067480] [21-15224] (Nagy, Brandon) [Entered: 04/08/2021 08:02 AM] |
| Filing 13 Received 6 paper copies of Opening Brief [ # 9 ] filed by Appellants. [12053439] (AML) [Entered: 03/25/2021 01:12 PM] |
| Filing 12 Received 3 paper copies of excerpts of record [ # 10 ] in 2 volume(s) and index volume filed by Appellants. [12053329] (LA) [Entered: 03/25/2021 11:54 AM] |
| Filing 11 Filed clerk order: The opening brief [ # 9 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 10 ] submitted by appellants 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. [12049790] (LA) [Entered: 03/22/2021 04:20 PM] |
| Filing 10 Submitted (ECF) excerpts of record. Submitted by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., Hunt MGT LLC, Johnson International, Inc., Johnson Utilities LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Margaret Johnson, Pinetop Trust II, Roadrunner Transit LLC, The George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987 and Ultra Management LLC. Date of service: 03/22/2021. [12049703] [21-15224] (Fuller, Mark) [Entered: 03/22/2021 03:39 PM] |
| Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., Hunt MGT LLC, Johnson International, Inc., Johnson Utilities LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Margaret Johnson, Pinetop Trust II, Roadrunner Transit LLC, The George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987 and Ultra Management LLC. Date of service: 03/22/2021. [12049697] [21-15224] (Fuller, Mark) [Entered: 03/22/2021 03:37 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: th): Granting Appellant's Unopposed Motion [ # 7 ] (ECF Filing) to extend time to file the opening brief. The appellants' opening brief is due 03/22/2021. The appellees' answering brief is due 04/19/2021 or 28 days after service of the opening brief, whichever is earlier. The optional reply brief is due 21 days after service of the answering brief. [12019198] (TH) [Entered: 03/01/2021 08:52 AM] |
| Filing 7 Filed (ECF) Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Margaret Johnson, Pinetop Trust II, Roadrunner Transit LLC, The George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987 and Ultra Management LLC motion to extend time to file Opening brief until 03/22/2021. Date of service: 02/26/2021. [12017788] [21-15224]--[COURT UPDATE: Updated docket text to reflect content of filing. 02/26/2021 by SLM] (Fuller, Mark) [Entered: 02/26/2021 10:45 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 02/12/2021. 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.[12002292]. [21-15224] (AD) [Entered: 02/12/2021 12:44 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 02/12/2021. 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.[12002291]. [21-15224] (AD) [Entered: 02/12/2021 12:44 PM] |
| Filing 4 Filed (ECF) Appellants Johnson International, Inc. and Johnson Utilities LLC Mediation Questionnaire. Date of service: 02/12/2021. [12002047] [21-15224] (Beams, Christian) [Entered: 02/12/2021 10:50 AM] |
| Filing 3 Filed (ECF) Appellants BAJ Living Trust, BARJO LLC, Chris Johnson Family Trust dated September 14, 2000, December Companies, Inc., Hunt MGT LLC, Barbara Johnson, Chris Johnson, George Harry Johnson, Jana Johnson, Margaret Johnson, Pinetop Trust II, Roadrunner Transit LLC, The George H. Johnson and Jana S. Johnson Revocable Trust dated July 9, 1987 and Ultra Management LLC Mediation Questionnaire. Date of service: 02/12/2021. [12001845] [21-15224] (Porter, Hannah) [Entered: 02/12/2021 09:20 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 8, 2021 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than March 8, 2021; the answering brief is due April 5, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11998277] (WL) [Entered: 02/09/2021 03:44 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11997341] (JBS) [Entered: 02/09/2021 10:00 AM] |
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