Jones Day v. Orrick, Herrington & Sutcliffe, et al
| JONES DAY |
| ORRICK, HERRINGTON & SUTCLIFFE, LLP, MICHAEL D. TORPEY and MITCHELL ZUKLIE |
| 21-16642 |
| October 6, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
 JONES DAY V. ORRICK, HERRINGTON & SUTCLIFFE
|
Docket Report
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This docket was last retrieved on February 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 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/ [12366657] (BJK) [Entered: 02/10/2022 02:15 PM] |
| Filing 44 ARGUED AND SUBMITTED TO KIM MCLANE WARDLAW, SANDRA S. IKUTA and BRIDGET S. BADE. [12366310] (EJF) [Entered: 02/10/2022 11:35 AM] |
| Filing 43 Filed (ECF) Acknowledgment of hearing notice by Attorney Sarah M. Harris for Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie. Hearing in San Francisco on 02/10/2022 at 10:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/13/2022. [12340208] [21-16642] (Harris, Sarah) [Entered: 01/13/2022 01:16 PM] |
| Filing 42 Filed text clerk order (Deputy Clerk: AF): Appellant's motion to seal (Dkt. [ # 13 ]) is granted. [12338432] (AF) [Entered: 01/12/2022 09:38 AM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice by Attorney Craig Stewart for Appellant Jones Day. Hearing in San Francisco on 02/10/2022 at 10:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10) 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: 01/11/2022. [12336859] [21-16642] (Stewart, Craig) [Entered: 01/11/2022 08:21 AM] |
| Filing 40 Notice of Oral Argument on Thursday, February 10, 2022 - 10:00 A.M. - Courtroom 1 - 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 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 Thursday, February 10, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12336290]. [21-16642] (KS) [Entered: 01/10/2022 03:08 PM] |
| Filing 39 Received 6 paper copies of Answering Brief [ # 27 ] filed UNDER SEAL by appellees. (Sent to panel). [12333547] (CPA) [Entered: 01/06/2022 03:30 PM] |
| Filing 38 Received 6 paper copies of Reply Brief [32] filed UNDER SEAL by Jones Day. (Sent to panel). [12333360] (CPA) [Entered: 01/06/2022 01:56 PM] |
| Filing 37 Filed clerk order: The redacted reply brief [ # 29 ] submitted by Jones Day is filed. No paper copies are required at this time. [12331552] (KT) [Entered: 01/05/2022 09:29 AM] |
| Filing 36 Filed clerk order: The reply brief [32] submitted by Jones Day is filed UNDER SEAL. 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. [12331550] (KT) [Entered: 01/05/2022 09:28 AM] |
| Filing 35 Filed clerk order: The redacted answering brief [ # 25 ] submitted by appellees is filed. No paper copies are required at this time. [12331549] (KT) [Entered: 01/05/2022 09:27 AM] |
| Filing 34 Filed clerk order: The answering brief [ # 27 ] submitted by appellees is filed UNDER SEAL. 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. [12331546] (KT) [Entered: 01/05/2022 09:26 AM] |
| Filing 33 Filed text clerk order (Deputy Clerk: WL): Appellees' motion to file answering brief under seal (Docket Entry #[ # 26 ]) is granted. Appellant's motion to file reply brief under seal (Docket Entry #[ # 31 ]) is granted. [12330427] (WL) [Entered: 01/04/2022 10:37 AM] |
| Filing 32 Submitted (ECF) UNDER SEAL Reply Brief for review. Submitted by Appellant Jones Day. Date of service: 12/08/2021. (Court-entered filing, brief originally submitted in [30].) [12312416] (KT) [Entered: 12/10/2021 10:16 AM] |
| Filing 31 Filed Appellant Jones Day motion to file reply brief UNDER SEAL. Deficiencies: None. Served on 12/08/2021. (court entered filing, motion originally submitted in entry [30]) [12312410] (KT) [Entered: 12/10/2021 10:15 AM] |
| Filing 30 Filed (ECF) UNDER SEAL Appellant Jones Day motion to file document under seal and submit sealed document. Type of document: brief. Date of service: 12/08/2021. [12310744] [21-16642] (Stewart, Craig) [Entered: 12/08/2021 05:07 PM] |
| Filing 29 Submitted (ECF) Reply Brief for review. Submitted by Appellant Jones Day. Date of service: 12/08/2021. [12310725] [21-16642]--[COURT UPDATE: attached corrected PDF of redacted reply brief. 12/10/2021 by KT] (Stewart, Craig) [Entered: 12/08/2021 04:55 PM] |
| Filing 28 Notice of Oral Argument on Thursday, February 10, 2022 - 09:30 A.M. - Courtroom 1 - 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 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 Thursday, February 10, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12299026]. [21-16642] (KS) [Entered: 11/28/2021 06:11 AM] |
| Filing 27 Submitted (ECF) UNDER SEAL Answering Brief for review. Submitted by Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie. Date of service: 11/22/2021. (Court-entered filing, brief originally submitted in [24].) [12296228] (KT) [Entered: 11/23/2021 08:54 AM] |
| Filing 26 Filed Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie motion to file answering brief UNDER SEAL. Deficiencies: None. Served on 11/22/2021. (court entered filing, motion originally submitted in entry [24]) [12296224] (KT) [Entered: 11/23/2021 08:53 AM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie. Date of service: 11/22/2021. [12296207]--[COURT ENTERED FILING to correct entry [24].] (KT) [Entered: 11/23/2021 08:47 AM] |
| Filing 24 Filed (ECF) UNDER SEAL Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie motion to file document under seal and submit sealed document. Type of document: brief. Date of service: 11/22/2021. [12295148] [21-16642] (Harris, Sarah) [Entered: 11/22/2021 01:19 PM] |
| Filing 23 Added Attorney(s) Sarah M. Harris for party(s) Appellee Mitchell Zuklie Appellee Michael D. Torpey Appellee Orrick, Herrington & Sutcliffe, LLP, in case 21-16642. [12285651] (JFF) [Entered: 11/12/2021 11:52 AM] |
| Filing 22 Filed (ECF) notice of appearance of Sarah Michelle Harris (Williams & Connolly LLP, 725 Twelfth Street NW, Washington, DC 20005) for Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie. Date of service: 11/11/2021. (Party was previously proceeding with counsel.) [12284970] [21-16642] (Harris, Sarah) [Entered: 11/11/2021 05:48 AM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 10 ], [16] in 3 volume(s) and index volume filed by Appellant Jones Day. [12283188] (SML) [Entered: 11/09/2021 03:03 PM] |
| Filing 20 Received 6 paper copies of Unredacted Opening Brief [15] filed UNDER SEAL by Jones Day. [12282588] (SD) [Entered: 11/09/2021 11:13 AM] |
| Filing 19 Filed (ECF) Attorney Ms. Ana Cecilia Reyes for Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie response to notice for case being considered for oral argument. Date of service: 11/05/2021. [12280236] [21-16642] (Reyes, Ana) [Entered: 11/05/2021 04:01 PM] |
| Filing 18 Filed clerk order: The redacted opening brief [ # 11 ] submitted by Jones Day is filed. No paper copies of the redacted brief are required. [12280164] (KWG) [Entered: 11/05/2021 03:37 PM] |
| Filing 17 Filed clerk order: The unredacted opening brief [15] submitted by Jones Day is filed UNDER SEAL. 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 ], [16] submitted by Jones Day are filed. Volume 3 is filed UNDER SEAL. 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. [12280158] (KWG) [Entered: 11/05/2021 03:35 PM] |
| Filing 16 Submitted (ECF) UNDER SEAL excerpts of record Vol 3. Submitted by Appellant Jones Day. Date of service: 10/22/2021. (Court-entered filing, excerpts of record originally submitted in [9].) [12280092] (AF) [Entered: 11/05/2021 03:18 PM] |
| Filing 15 Submitted (ECF) UNDER SEAL unredacted Opening Brief for review. Submitted by Appellant Jones Day. Date of service: 10/22/2021. (Court-entered filing, brief originally submitted in [9].) [12280086] (AF) [Entered: 11/05/2021 03:17 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: MK-S): Appellants motion (Docket Entry No. [9]) to file under seal the unredacted opening brief and Volume 3 of the excerpts of record is referred to the panel assigned to decide the merits of this appeal. The Clerk will maintain the motion to seal (Docket Entry No. [9]-1), the unredacted opening brief (Docket Entry No. [9]-2), and Volume 3 of the excerpts of record (Docket Entry No. [9]-3) provisionally under seal pending resolution of the motion to seal. The Clerk will file publicly the redacted opening brief (Docket Entry No. [ # 11 ]) and Volumes 1 and 2 of the excerpts of record (Docket Entry No. [ # 10 ]). [12280082] (AF) [Entered: 11/05/2021 03:16 PM] |
| Filing 13 Filed Appellant Jones Day motion to file the unredacted opening brief and Volume 3 of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 10/22/2021. (Court-entered filing, motion originally filed at [9]) [12280078] (AF) [Entered: 11/05/2021 03:12 PM] |
| Filing 12 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for February 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).[12276367]. [21-16642] (KS) [Entered: 11/02/2021 04:11 PM] |
| Filing 11 Submitted (ECF) redacted Opening Brief for review. Submitted by Appellant Jones Day. Date of service: 10/22/2021. [12267886]--[COURT ENTERED FILING to correct entry [9].] (LA) [Entered: 10/25/2021 03:16 PM] |
| Filing 10 Submitted (ECF) excerpts of record Volumes 1-2 and Index. Submitted by Appellant Jones Day. Date of service: 10/22/2021. [12267861]--[COURT ENTERED FILING to correct entry [9].] (LA) [Entered: 10/25/2021 03:12 PM] |
| Filing 9 Filed (ECF) UNDER SEAL Appellant Jones Day motion to file document under seal and submit sealed document. Type of document: other (Brief and Excerpt of Records Vol. 3). Date of service: 10/22/2021. [12266586] [21-16642]--[COURT UPDATE: Removed public excerpts and redacted brief (resubmitted in correct entries [ # 10 ], [ # 11 ]). 10/25/2021 by LA] (Stewart, Craig) [Entered: 10/22/2021 07:05 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: AC): The motion to seal the reply in support of the motion to expedite (Docket Entry No. [4]-1) is referred to the panel assigned to decide the merits of this appeal. The Clerk will maintain the motion to seal (Docket Entry No. [4]-1) and the unredacted reply (Docket Entry No. [4]-2) provisionally under seal pending resolution of the motion to seal. [12261642] (OC) [Entered: 10/19/2021 01:34 PM] |
| Filing 7 Filed order (M. MARGARET MCKEOWN and WILLIAM A. FLETCHER) The opposed motion to expedite this appeal (Docket Entry Nos. 2-2 and 2-3) is granted. The opening brief is due October 22, 2021. The answering brief is due November 22, 2021. The optional reply brief is due December 8, 2021. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1). The Clerk will place this appeal on the calendar for February 2022. See 9th Cir. Gen. Order 3.3(f). The motions to seal the motion to expedite and opposition are referred to the panel assigned to decide the merits of this appeal. The Clerk will maintain the motions to seal (Docket Entry Nos. 2-1 and 3-1), the unredacted motion to expedite (Docket Entry No. 2-3), and the unredacted opposition (Docket Entry No. 3-3) provisionally under seal pending resolution of the motions to seal. [12259792] (OC) [Entered: 10/18/2021 11:39 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 10/16/2021. 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.[12259295]. [21-16642] (AD) [Entered: 10/16/2021 06:44 PM] |
| Filing 5 Filed (ECF) Appellant Jones Day Mediation Questionnaire. Date of service: 10/16/2021. [12259292] [21-16642] (Stewart, Craig) [Entered: 10/16/2021 02:18 PM] |
| Filing 4 Filed (ECF) UNDER SEAL Appellant Jones Day motion to file document under seal and submit sealed document. Type of document: other (REPLY IN SUPPORT OF MOTION TO EXPEDITE BRIEFING AND HEARING OF APPEAL). Date of service: 10/15/2021. [12258244] [21-16642] (Stewart, Craig) [Entered: 10/15/2021 10:18 AM] |
| Filing 3 Filed (ECF) UNDER SEAL Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie motion to file document under seal and submit sealed document. Type of document: other (Opposition to Motion to Expedite). Date of service: 10/12/2021. [12253145] [21-16642] (Reyes, Ana) [Entered: 10/12/2021 06:16 AM] |
| Filing 2 Filed (ECF) UNDER SEAL Appellant Jones Day motion to file document under seal and submit sealed document. Type of document: other (Motion to Expedite Briefing and Hearing on Appeal). Date of service: 10/08/2021. [12252499] [21-16642] (Stewart, Craig) [Entered: 10/08/2021 03:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Jones Day Mediation Questionnaire due on 10/13/2021. Appellant Jones Day opening brief due 12/06/2021. Appellees Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey and Mitchell Zuklie answering brief due 01/05/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12249530] (JBS) [Entered: 10/06/2021 01:56 PM] |
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