Swisher Hygiene Franchise Corp, et al v. Accurate Chemical Acquisition, et al
| TERI CLAWSON, wife and TROY CLAWSON, husband |
| ACCURATE CHEMICAL ACQUISITION INCORPORATED, an Arizona corporation, DBA Accurate Chemical & Services |
| SWISHER HYGIENE INCORPORATED, SWISHER HYGIENE FRANCHISE CORPORATION, a North Carolina Corporation and SWISHER INTERNATIONAL INCORPORATED |
| BURNSBARTON PLC, KATYA M. LANCERO and DAVID BARTON |
| 21-15928 |
| May 28, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 13 Streamlined request [12] by Appellants David Barton, BurnsBarton PLC and Katya M. Lancero in 20-16727 to extend time to file the brief is approved. Amended briefing schedule: Appellants David Barton, BurnsBarton PLC, Katya M. Lancero and Accurate Chemical Acquisition Incorporated consolidated opening brief is due 10/07/2021. Appellees Swisher Hygiene Franchise Corporation, Swisher Hygiene Incorporated and Swisher International Incorporated consolidated answering brief is due 11/08/2021. The optional consolidated reply brief is due 21 days from the date of service of the consolidated answering brief. [12185663] [21-15928, 20-16727] (BG) [Entered: 07/28/2021 01:35 PM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants David Barton, BurnsBarton PLC and Katya M. Lancero in 20-16727. New requested due date is 10/07/2021. [12184915] [20-16727, 21-15928] (Molinar, Jeffrey) [Entered: 07/27/2021 05:15 PM] |
| Filing 11 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 appeal is pending. [12149973] (BLS) [Entered: 06/21/2021 04:58 PM] |
| Filing 10 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. [12136846] (BLS) [Entered: 06/08/2021 08:03 AM] |
| Filing 9 Added Attorney(s) Timothy Berg for party(s) Appellant Accurate Chemical Acquisition Incorporated, in case 21-15928. [12136695] [20-16727, 21-15928] (RR) [Entered: 06/07/2021 06:49 PM] |
| Filing 8 Filed (ECF) notice of appearance of Tim Berg (Fennemore 2394 E. CAMELBACK ROAD, PHOENIX, AZ 85016) for Appellant Accurate Chemical Acquisition Incorporated in 21-15928. Date of service: 06/07/2021. (Party was previously proceeding with counsel.) [12136642] [21-15928, 20-16727] (Berg, Timothy) [Entered: 06/07/2021 05:13 PM] |
| Filing 7 Filed (ECF) Appellants David Barton, BurnsBarton PLC and Katya M. Lancero in 20-16727 Correspondence: Letter to the Clerk stating that we will not be ordering additional transcripts and a notice was filed in District Court.. Date of service: 06/07/2021 [12136631] [20-16727, 21-15928] (Molinar, Jeffrey) [Entered: 06/07/2021 05:08 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 06/04/2021. 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.[12134851]. [21-15928] (AD) [Entered: 06/04/2021 06:44 PM] |
| Filing 5 Filed (ECF) Appellant Accurate Chemical Acquisition Incorporated in 21-15928 Mediation Questionnaire. Date of service: 06/04/2021. [12134560] [21-15928, 20-16727] (Manhart, Daryl) [Entered: 06/04/2021 03:26 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: LCC): A review of the record and the response to this courts September 29, 2020 order in No. 20-16727 reflects that the district court has denied the post-judgment motion and that an amended notice of appeal has been filed to include the order denying the post-judgment motion. Accordingly, the notice of appeal in No. 20- 16727 is so amended, and briefing in the appeal may proceed. The court sua sponte consolidates these appeals. Appeal Nos. 20-16727 and 21-15928 are consolidated. The opening briefs and excerpts of record are due September 7, 2021. The consolidated answering brief is due October 7, 2021. The optional reply briefs are due within 21 days after service of the consolidated answering brief. 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. [12129700] [20-16727, 21-15928] (WL) [Entered: 06/01/2021 01:52 PM] |
| Filing 3 Notice of Appearance (ECF Filing) [2] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12128139] (RR) [Entered: 05/28/2021 12:57 PM] |
| Filing 2 Filed (ECF) notice of appearance of Timothy Berg, Taylor Burgoon, Bradley Pew (Fennemore Craig, 2394 E. Camelback Road, Suite 600, Phoenix, AZ 85016) for Appellant Accurate Chemical Acquisition Incorporated. Date of service: 05/28/2021. (Party was previously proceeding with counsel.) [12128106] [21-15928] (Berg, Timothy) [Entered: 05/28/2021 12:34 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Accurate Chemical Acquisition Incorporated Mediation Questionnaire due on 06/04/2021. Transcript ordered by 06/28/2021. Transcript due 07/26/2021. Appellant Accurate Chemical Acquisition Incorporated opening brief due 09/07/2021. Appellees Swisher Hygiene Franchise Corporation, Swisher Hygiene Incorporated and Swisher International Incorporated answering brief due 10/07/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12127725] (RT) [Entered: 05/28/2021 08:53 AM] |
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