Everest National Insurance Co., et al v. USA
Plaintiff: ELEODORO GARCIA and JONATHAN X. ABELL
Intervenor Plaintiff: EVEREST NATIONAL INSURANCE COMPANY, a/s/o Nugate Group, LLC
Defendant / Appellee: UNITED STATES OF AMERICA
Case Number: 21-16427
Filed: September 1, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2021 Filing 12 Received 6 paper copies of Opening Brief [ # 6 ] filed by Everest National Insurance Company. [12267647] [21-16082, 21-16205, 21-16427] (SD) [Entered: 10/25/2021 02:05 PM]
October 25, 2021 Filing 11 Received 3 paper copies of excerpts of record [ # 7 ] in 1 volume(s) filed by Appellant Everest National Insurance Company. [12267265] [21-16082, 21-16205, 21-16427] (SML) [Entered: 10/25/2021 11:39 AM]
October 21, 2021 Filing 10 Streamlined request [9] by Appellee USA in 21-16082, 21-16205, 21-16427 to extend time to file the brief is not approved because it is premature. Opening briefs are still due. The current schecule is as follows: The opening briefs are due November 29, 2021. The consolidated answering brief is due December 29, 2021. The optional reply briefs are due within 21 days after service of the consolidated answering brief. [12263985] [21-16082, 21-16205, 21-16427] (JN) [Entered: 10/21/2021 07:57 AM]
October 20, 2021 Filing 9 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA in 21-16082, 21-16205, 21-16427. New requested due date is 01/28/2022. [12263844] [21-16082, 21-16205, 21-16427] (Yee, Harry) [Entered: 10/20/2021 06:06 PM]
October 18, 2021 Filing 8 Filed clerk order: The opening brief [ # 6 ] submitted by Everest National Insurance Company 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 [ # 7 ] submitted by Everest National Insurance Company 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. [12260355] [21-16082, 21-16205, 21-16427] (LA) [Entered: 10/18/2021 03:34 PM]
October 18, 2021 Filing 7 Submitted (ECF) excerpts of record. Submitted by Appellant Everest National Insurance Company in 21-16082, 21-16427. Date of service: 10/18/2021. [12260346] [21-16082, 21-16205, 21-16427]--[COURT ENTERED FILING to correct entry [ # 6 ].] (LA) [Entered: 10/18/2021 03:31 PM]
October 18, 2021 Filing 6 Submitted (ECF) Opening Brief for review. Submitted by Appellant Everest National Insurance Company in 21-16082, 21-16427. Date of service: 10/18/2021. [12259344] [21-16082, 21-16205, 21-16427]--[COURT UPDATE: Attached consolidated PDF of brief, removed excerpts (resubmitted in correct entry [ # 7 ]). 10/18/2021 by LA] (Snorf, Lowell) [Entered: 10/18/2021 05:29 AM]
October 8, 2021 Filing 5 Filed clerk order (Deputy Clerk: LBS): Appellant Everest National Insurance Companys motion (Docket Entry No. [ # 12222624-2 ] in No. 21-16082 and Docket Entry No. [ # 4 ] in 21-16427) to consolidate is granted. Nos. 21-16082, 21-16205, and 21-16427 are consolidated. The opening briefs are due November 29, 2021. The consolidated answering brief is due December 29, 2021. The optional reply briefs are due within 21 days after service of the consolidated answering brief. Separately represented parties are encouraged to file a joint brief. See 9th Cir. R. 32-2(b) (automatically allowing longer briefs to separately represented parties filing a joint brief); Circuit Advisory Committee Note to 9th Cir. R. 32-2 (Rule 32-2(b) encourages separately represented parties to file a joint brief to avoid burdening the Court with repetitive presentations of common facts and issues.). Any joint brief should identify which arguments are made jointly and which go to individual appellants. [12251657] [21-16082, 21-16205, 21-16427] (JPD) [Entered: 10/08/2021 08:40 AM]
September 8, 2021 Filing 4 Filed (ECF) Appellant Everest National Insurance Company Motion to consolidate cases 21-16082, 21-16205, 21-16427. Date of service: 09/08/2021. [12222632] [21-16427] (Snorf, Lowell) [Entered: 09/08/2021 09:32 AM]
September 3, 2021 Filing 3 The Mediation Questionnaire for this case was filed on 09/03/2021. 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.[12220127]. [21-16427] (AD) [Entered: 09/03/2021 12:44 PM]
September 3, 2021 Filing 2 Filed (ECF) Appellant Everest National Insurance Company Mediation Questionnaire. Date of service: 09/03/2021. [12219752] [21-16427] (Snorf, Lowell) [Entered: 09/03/2021 09:13 AM]
September 1, 2021 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Everest National Insurance Company Mediation Questionnaire due on 09/08/2021. Appellant Everest National Insurance Company opening brief due 11/01/2021. Appellee United States of America answering brief due 12/01/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12217522] (JBS) [Entered: 09/01/2021 09:54 AM]

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Plaintiff: ELEODORO GARCIA
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Plaintiff: JONATHAN X. ABELL
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Intervenor plaintiff: EVEREST NATIONAL INSURANCE COMPANY, a/s/o Nugate Group, LLC
Represented By: Lowell D. Snorf
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Defendant / appellee: UNITED STATES OF AMERICA
Represented By: Harry Yee
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