Martin Walsh v. Ahern Rentals, Inc.
Plaintiff / Appellee: MARTIN J. WALSH, Secretary of Labor
Defendant / Appellant: AHERN RENTALS, INC.
Case Number: 21-16124
Filed: July 6, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
January 12, 2022 MARTIN WALSH V. AHERN RENTALS, INC.

Docket Report

This docket was last retrieved on September 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2021 Filing 23 Received 6 paper copies of Answering Brief [ # 21 ] filed by Martin J. Walsh. [12220305] (SD) [Entered: 09/03/2021 02:35 PM]
August 27, 2021 Filing 22 Filed clerk order: The answering brief [ # 21 ] submitted by Martin J. Walsh 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. [12213745] (KWG) [Entered: 08/27/2021 01:36 PM]
August 27, 2021 Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellee Martin J. Walsh. Date of service: 08/27/2021. [12213286] [21-16124] (Tryon, Amy) [Entered: 08/27/2021 09:52 AM]
August 12, 2021 Filing 20 Filed order (MARY M. SCHROEDER and ANDREW D. HURWITZ) The emergency stay motion (Docket Entry No. [ # 15 ]) is denied. See Nken v. Holder, 556 U.S. 418, 426 (2009). The existing briefing schedule remains in effect.[12200029] (WL) [Entered: 08/12/2021 03:04 PM]
August 9, 2021 Filing 19 Filed (ECF) Appellant Ahern Rentals, Inc. reply to response (). Date of service: 08/09/2021. [12195113] [21-16124] (Dougherty, Colin) [Entered: 08/09/2021 09:21 AM]
August 6, 2021 Filing 18 Filed (ECF) Appellee Martin J. Walsh response opposing motion ([ # 15 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing)). Date of service: 08/06/2021. [12194233] [21-16124] (Tryon, Amy) [Entered: 08/06/2021 01:16 PM]
August 4, 2021 Filing 17 Received 6 paper copies of Opening Brief [ # 10 ] filed by Ahern Rentals, Inc.. [12192222] (SD) [Entered: 08/04/2021 03:31 PM]
August 4, 2021 Filing 16 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motion to stay the district courts June 4, 2021 order pending appeal. Any response to the motion is due on August 9, 2021. An optional reply in support of the motion is due August 10, 2021. [12192025] (WL) [Entered: 08/04/2021 02:16 PM]
August 4, 2021 Filing 15 Filed (ECF) Appellant Ahern Rentals, Inc. EMERGENCY Motion to stay lower court action. Date of service: 08/04/2021. [12191845] [21-16124] (Dougherty, Colin) [Entered: 08/04/2021 12:45 PM]
August 4, 2021 Filing 14 Received 3 paper copies of excerpts of record [ # 11 ] in 1 volume(s) filed by Appellant Ahern Rentals, Inc.. [12191807] (KWG) [Entered: 08/04/2021 12:04 PM]
August 3, 2021 Filing 13 MEDIATION ORDER FILED: The dial-in conference previously scheduled for 08/05/2021 is cancelled. 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. [12190945] (CL) [Entered: 08/03/2021 02:41 PM]
July 30, 2021 Filing 12 Filed clerk order: The opening brief [ # 10 ] submitted by Ahern Rentals, Inc. 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 [ # 11 ] submitted by Ahern Rentals, Inc. 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. [12188299] (KWG) [Entered: 07/30/2021 03:00 PM]
July 30, 2021 Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant Ahern Rentals, Inc.. Date of service: 07/30/2021. [12187874] [21-16124] (Dougherty, Colin) [Entered: 07/30/2021 11:16 AM]
July 30, 2021 Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellant Ahern Rentals, Inc.. Date of service: 07/30/2021. [12187869] [21-16124] (Dougherty, Colin) [Entered: 07/30/2021 11:14 AM]
July 22, 2021 Filing 9 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 08/05/2021, 10:00 a.m. Pacific Time. See order for details. [12180789] (CL) [Entered: 07/22/2021 05:48 PM]
July 14, 2021 Filing 8 Filed (ECF) Appellant Ahern Rentals, Inc. Correspondence: Designation of Transcripts to be Used in Record on Appeal - Completed Form. Date of service: 07/14/2021 [12172861] [21-16124] (Connot, Mark) [Entered: 07/14/2021 04:17 PM]
July 14, 2021 Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 07/21/2021, 2:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12172469] (CL) [Entered: 07/14/2021 01:26 PM]
July 13, 2021 Filing 6 Added Attorney(s) Amy S. Tryon for party(s) Appellee Martin J. Walsh, in case 21-16124. [12171410] (RR) [Entered: 07/13/2021 02:57 PM]
July 13, 2021 Filing 5 Filed (ECF) notice of appearance of Amy Schifter Tryon (U.S. Department of Labor, Office of the Solicitor, 200 Constitution Ave. NW, Washington DC 20210) for Appellee Martin J. Walsh. Date of service: 07/13/2021. (Party was previously proceeding with counsel.) [12170940] [21-16124] (Tryon, Amy) [Entered: 07/13/2021 12:03 PM]
July 9, 2021 Filing 4 The Mediation Questionnaire for this case was filed on 07/09/2021. 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.[12168981]. [21-16124] (AD) [Entered: 07/09/2021 06:44 PM]
July 9, 2021 Filing 3 Filed (ECF) Appellant Ahern Rentals, Inc. Mediation Questionnaire. Date of service: 07/09/2021. [12168309] [21-16124] (Connot, Mark) [Entered: 07/09/2021 01:52 PM]
July 6, 2021 Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed July 2, 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 July 30, 2021; the answering brief is due August 27, 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. [12164179] (WL) [Entered: 07/06/2021 04:35 PM]
July 6, 2021 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. [12163508] (JBS) [Entered: 07/06/2021 01:23 PM]

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Plaintiff / appellee: MARTIN J. WALSH, Secretary of Labor
Represented By: Norman E. Garcia Esquire
Represented By: Amy S. Tryon
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Defendant / appellant: AHERN RENTALS, INC.
Represented By: Mark J. Connot Esquire
Represented By: Colin D. Dougherty
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