Landon Young, et al v. Chemguard, Inc., et al
| ANGUS FIRE, LTD., a Delaware limited partnership |
| PERIMETER SOLUTIONS, LP, a Delaware limited partnership, CHEMGUARD, INC., a Wisconsin corporation, MATLICK ENTERPRISES, INC., an Arizona corporation, L.N. CURTIS AND SONS, INC., a California corporation and TYCO FIRE PRODUCTS, LP, a Delaware limited partnership |
| HEATHER YOUNG, individually and as wife and LANDON YOUNG, individually and as husband |
| 21-15912 |
| May 26, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Personal Injury-Product Liability |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
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Filing 39
MANDATE ISSUED.(JBR, CMC and FB) [12392423] (JFF) [Entered: 03/11/2022 09:30 AM]
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Filing 38
FILED MEMORANDUM DISPOSITION (JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN and FREDERIC BLOCK) AFFIRMED. FILED AND ENTERED JUDGMENT. [12373034] (AKM) [Entered: 02/17/2022 09:07 AM]
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Filing 37
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/ [12342752] (BG) [Entered: 01/18/2022 10:35 AM]
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Filing 36
ARGUED AND SUBMITTED TO JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN and FREDERIC BLOCK. [12337345] (BG) [Entered: 01/11/2022 11:32 AM]
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Filing 35
Attorney Sharon A. Briggs in 21-15912 substituted by Attorney Ellen S. Levy in 21-15912 [12324082] (DJV) [Entered: 12/23/2021 12:29 PM]
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Filing 34
Filed (ECF) notice of appearance of Ellen J. Levy (Resnick & Louis, P.C., 8111 E. Indian Bend Road, Scottsdale, Arizona 85250) for Appellant Matlick Enterprises, Inc.. Substitution for Attorney Mrs. Sharon A. Briggs for Appellant Matlick Enterprises, Inc.. Date of service: 12/23/2021. (Party was previously proceeding with counsel.) [12324061] [21-15912] (Levy, Ellen) [Entered: 12/23/2021 12:10 PM]
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Filing 33
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jason Walker Burge for Appellees Heather Young and Landon Young. Hearing in Pasadena on 01/11/2022 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) 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: 12/14/2021. [12314917] [21-15912] (Burge, Jason) [Entered: 12/14/2021 07:34 AM]
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Filing 32
Filed (ECF) Acknowledgment of hearing notice by Attorney J. Liat Rome for Appellants Chemguard, Inc. and Tyco Fire Products, LP. Hearing in Pasadena on 01/11/2022 at 09:30 A.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: 12/13/2021. [12314319] [21-15912] (Rome, J. Liat) [Entered: 12/13/2021 02:24 PM]
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Filing 31
Added Attorney(s) J. Liat Rome for party(s) Appellant Tyco Fire Products, LP Appellant Chemguard, Inc., in case 21-15912. [12312736] (RR) [Entered: 12/10/2021 01:20 PM]
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Filing 30
Filed (ECF) notice of appearance of Jacqueline Liat Rome (Williams & Connolly LLP, 725 Twelfth St NW, Washington DC 20005) for Appellants Chemguard, Inc. and Tyco Fire Products, LP. Date of service: 12/10/2021. (Party was previously proceeding with counsel.) [12312348] [21-15912] (Rome, J. Liat) [Entered: 12/10/2021 09:52 AM]
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| Filing 29 Attorney Lukas Landolt in 21-15912 substituted by Attorney Amy Levine Heiserman in 21-15912 [12289775] (QDL) [Entered: 11/17/2021 08:51 AM] |
| Filing 28 Filed (ECF) notice of appearance of Amy Levine Heiserman (Quarles & Brady LLP, 2 N Central Avenue, 6th Fl., Phoenix, AZ 85004) for Appellants Chemguard, Inc. and Tyco Fire Products, LP. Substitution for Attorney Mr. Lukas Landolt for Appellants Chemguard, Inc. and Tyco Fire Products, LP. Date of service: 11/17/2021. (Party was previously proceeding with counsel.) [12289772] [21-15912] (Levine Heiserman, Amy) [Entered: 11/17/2021 08:49 AM] |
| Filing 27 Notice of Oral Argument on Tuesday, January 11, 2022 - 09:30 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you 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 Tuesday, January 11, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12273592]. [21-15912] (KS) [Entered: 10/31/2021 06:09 AM] |
| Filing 26 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for January 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).[12236841]. [21-15912] (KS) [Entered: 09/23/2021 10:01 AM] |
| Filing 25 Received 6 paper copies of Reply Brief [ # 23 ] filed by Appellants. [12231915] (SD) [Entered: 09/17/2021 01:53 PM] |
| Filing 24 Filed clerk order: The reply brief [ # 23 ] 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. [12229136] (LA) [Entered: 09/15/2021 12:02 PM] |
| Filing 23 Submitted (ECF) Reply Brief for review. Submitted by Appellants Chemguard, Inc., L.N. Curtis and Sons, Inc., Matlick Enterprises, Inc., Perimeter Solutions, LP and Tyco Fire Products, LP. Date of service: 09/15/2021. [12229072] [21-15912] (Landolt, Lukas) [Entered: 09/15/2021 11:30 AM] |
| Filing 22 Received 6 paper copies of Answering Brief [ # 20 ] filed by Heather Young and Landon Young. [12215529] (CPA) [Entered: 08/30/2021 03:08 PM] |
| Filing 21 Filed clerk order: The answering brief [ # 20 ] submitted by Heather Young and Landon Young is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12211030] (LA) [Entered: 08/25/2021 10:28 AM] |
| Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellees Heather Young and Landon Young. Date of service: 08/25/2021. [12210752] [21-15912] (Burge, Jason) [Entered: 08/25/2021 08:35 AM] |
| Filing 19 Received 3 paper copies of excerpts of record [ # 16 ] in 4 volume(s) and index volume filed by Appellants. [12186698] (LA) [Entered: 07/29/2021 11:52 AM] |
| Filing 18 Received 6 paper copies of Opening Brief [ # 15 ] filed by appellants. [12186480] (CPA) [Entered: 07/29/2021 10:17 AM] |
| Filing 17 Filed clerk order: The opening brief [ # 15 ] 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 [ # 16 ] 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. [12184185] (LA) [Entered: 07/27/2021 12:38 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants Chemguard, Inc., L.N. Curtis and Sons, Inc., Matlick Enterprises, Inc., Perimeter Solutions, LP and Tyco Fire Products, LP. Date of service: 07/26/2021. [12183236] [21-15912]--[COURT UPDATE: Attached separate PDF files of Index Vol and Vol 1. 07/27/2021 by LA] (Landolt, Lukas) [Entered: 07/26/2021 02:54 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants Chemguard, Inc., L.N. Curtis and Sons, Inc., Matlick Enterprises, Inc., Tyco Fire Products, LP and Perimeter Solutions, LP. Date of service: 07/26/2021. [12183226] [21-15912] (Landolt, Lukas) [Entered: 07/26/2021 02:49 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: SSR): Appellants motion (Docket Entry No. [ # 12 ]) to expedite briefing is denied as moot. The opening brief remains due July 26, 2021. The answering brief is due August 25, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12182809] (JMR) [Entered: 07/26/2021 11:45 AM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12157342] (VS) [Entered: 06/29/2021 10:58 AM] |
| Filing 12 Filed (ECF) Appellant Perimeter Solutions, LP Motion to expedite case. Date of service: 06/23/2021. [12152254] [21-15912] (Thurlow, Matthew) [Entered: 06/23/2021 01:53 PM] |
| Filing 11 The Mediation Questionnaire for this case was filed on 06/15/2021. 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.[12145436]. [21-15912] (AD) [Entered: 06/15/2021 06:44 PM] |
| Filing 10 Filed (ECF) Appellant L.N. Curtis and Sons, Inc. Mediation Questionnaire. Date of service: 06/15/2021. [12144771] [21-15912] (Ormond, Jill) [Entered: 06/15/2021 12:54 PM] |
| Filing 9 MEDIATION ORDER FILED: By 06/21/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12135729] (VS) [Entered: 06/07/2021 12:03 PM] |
| Filing 8 Added Attorney(s) Lukas Landolt for party(s) Appellant Tyco Fire Products, LP Appellant Chemguard, Inc., in case 21-15912. [12131525] (DJV) [Entered: 06/02/2021 02:35 PM] |
| Filing 7 Filed (ECF) notice of appearance of Lukas Mark Landolt (Quarles & Brady LLP, Two N. Central Avenue, Phoenix Az. 85004-2391) for Appellants Chemguard, Inc. and Tyco Fire Products, LP. Date of service: 06/02/2021. (Party was previously proceeding with counsel.) [12131513] [21-15912] (Landolt, Lukas) [Entered: 06/02/2021 02:33 PM] |
| Filing 6 Filed (ECF) Appellant Matlick Enterprises, Inc. Mediation Questionnaire. Date of service: 06/02/2021. [12131301] [21-15912] (Briggs, Sharon) [Entered: 06/02/2021 01:28 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 06/02/2021. 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.[12131179]. [21-15912] (AD) [Entered: 06/02/2021 12:44 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 06/02/2021. 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.[12131175]. [21-15912] (AD) [Entered: 06/02/2021 12:44 PM] |
| Filing 3 Filed (ECF) Appellant Perimeter Solutions, LP Mediation Questionnaire. Date of service: 06/02/2021. [12131083] [21-15912] (Thurlow, Matthew) [Entered: 06/02/2021 12:03 PM] |
| Filing 2 Filed (ECF) Appellants Chemguard, Inc. and Tyco Fire Products, LP Mediation Questionnaire. Date of service: 06/02/2021. [12130602] [21-15912] (Johnson, Eric) [Entered: 06/02/2021 08:14 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Chemguard, Inc., L.N. Curtis and Sons, Inc., Matlick Enterprises, Inc., Perimeter Solutions, LP and Tyco Fire Products, LP Mediation Questionnaire due on 06/02/2021. Appellants Chemguard, Inc., L.N. Curtis and Sons, Inc., Matlick Enterprises, Inc., Perimeter Solutions, LP and Tyco Fire Products, LP opening brief due 07/26/2021. Appellees Heather Young and Landon Young answering brief due 08/25/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12125070] (JBS) [Entered: 05/26/2021 10:14 AM] |
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