Jason Fyk v. Facebook, Inc.
Plaintiff / Appellant: JASON FYK
Defendant / Appellee: FACEBOOK, INC.
Case Number: 21-16997
Filed: December 1, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other Fraud
Docket Report

This docket was last retrieved on April 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2023 Opinion or Order Filing 45 Supreme Court Case Info Case number: 22-753 Filed on: 02/07/2023 Cert Petition Action 1: Denied, 04/17/2023 [12697213] (HH) [Entered: 04/17/2023 05:02 PM]
February 13, 2023 Opinion or Order Filing 44 Supreme Court Case Info Case number: 22-753 Filed on: 02/07/2023 Cert Petition Action 1: Pending [12651768] (RL) [Entered: 02/13/2023 11:44 AM]
December 12, 2022 Opinion or Order Filing 43 Filed order (M. MARGARET MCKEOWN, CONSUELO M. CALLAHAN and LAWRENCE VANDYKE) The mandate issued in this appeal on November 17, 2022. The correspondence from appellant and appellants counsel at Docket Entry Nos. [ # 41 ] and [ # 42 ] will not be addressed. No further filings will be entertained in this closed docket. SO ORDERED. [12607987] (OC) [Entered: 12/12/2022 11:54 AM]
December 8, 2022 Opinion or Order Filing 42 Filed (ECF) Appellant Jason Fyk Correspondence: Letter re: Affidavit re: Ongoing Deprivation of Constitutional Rights, etc.. Date of service: 12/08/2022 [12605046] [21-16997] (Greyber, Jeffrey) [Entered: 12/08/2022 08:04 AM]
December 6, 2022 Opinion or Order Filing 41 Filed Appellant Jason Fyk pro se letter dated 12/05/2022 re: Notarized Affidavit. Paper filing deficiency: Mandate issued; Appellant has counsel [12603656] (HH) [Entered: 12/06/2022 02:25 PM]
November 17, 2022 Opinion or Order Filing 40 MANDATE ISSUED.(MMM, CMC and LVD) [12589535] (NAC) [Entered: 11/17/2022 07:20 AM]
November 9, 2022 Opinion or Order Filing 39 Filed text clerk order (Deputy Clerk: OC): The motion for reconsideration [ # 37 ], is DENIED [12583389] (OC) [Entered: 11/09/2022 09:47 AM]
November 7, 2022 Opinion or Order Filing 38 Filed (ECF) Appellant Jason Fyk citation of supplemental authorities. Date of service: 11/07/2022. [12581967] [21-16997] (Greyber, Jeffrey) [Entered: 11/07/2022 03:10 PM]
November 2, 2022 Opinion or Order Filing 37 Filed (ECF) Appellant Jason Fyk motion for reconsideration of dispositive Judge Order of 10/19/2022. Date of service: 11/02/2022. [12578922] [21-16997] (Greyber, Jeffrey) [Entered: 11/02/2022 02:29 PM]
October 19, 2022 Opinion or Order Filing 36 FILED MEMORANDUM DISPOSITION (M. MARGARET MCKEOWN, CONSUELO M. CALLAHAN and LAWRENCE VANDYKE) AFFIRMED. FILED AND ENTERED JUDGMENT. [12567188] (JN) [Entered: 10/19/2022 09:38 AM]
October 17, 2022 Opinion or Order Filing 35 SUBMITTED ON THE BRIEFS TO M. MARGARET MCKEOWN, CONSUELO M. CALLAHAN and LAWRENCE VANDYKE. [12567106] (DB) [Entered: 10/19/2022 09:03 AM]
September 26, 2022 Opinion or Order Filing 34 Filed clerk order (Deputy Clerk: OC): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and that oral argument would not significantly aid the decisional process. Therefore, this matter is ordered submitted on the briefs and record without oral argument on October 17, 2022, in San Francisco. Fed. R. App. P. 34(a)(2). [12549067] (OC) [Entered: 09/26/2022 10:30 AM]
September 21, 2022 Opinion or Order Filing 33 Filed (ECF) Acknowledgment of hearing notice by Attorney William S. Hicks for Appellee Facebook, Inc.. Hearing in San Francisco on 10/17/2022 at 09:30 A.M. (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: 09/21/2022. [12545382] [21-16997] (Hicks, William) [Entered: 09/21/2022 09:26 AM]
September 19, 2022 Opinion or Order Filing 32 Filed (ECF) Acknowledgment of hearing notice by Attorney Constance J. Yu for Appellant Jason Fyk. Hearing in San Francisco on 10/17/2022 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 12) 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: 09/19/2022. [12543905] [21-16997] (Yu, Constance) [Entered: 09/19/2022 05:00 PM]
September 16, 2022 Opinion or Order Filing 31 Filed (ECF) Acknowledgment of hearing notice by Attorney Jeffrey L. Greyber for Appellant Jason Fyk. Hearing in San Francisco on 10/17/2022 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: Yes. (Argument minutes: 15) 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: 09/16/2022. [12542408] [21-16997] (Greyber, Jeffrey) [Entered: 09/16/2022 02:15 PM]
August 26, 2022 Opinion or Order Filing 30 Notice of Oral Argument on Monday, October 17, 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. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. 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 Monday, October 17, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12526888]. [21-16997] (KS) [Entered: 08/26/2022 09:08 AM]
August 8, 2022 Opinion or Order Filing 29 Filed (ECF) Appellant Jason Fyk citation of supplemental authorities. Date of service: 08/08/2022. [12511625] [21-16997] (Greyber, Jeffrey) [Entered: 08/08/2022 10:12 AM]
August 7, 2022 Opinion or Order Filing 28 Notice of Oral Argument on Monday, October 17, 2022 - 09:00 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 Monday, October 17, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12511123]. [21-16997] (KS) [Entered: 08/07/2022 06:10 AM]
June 23, 2022 Opinion or Order Filing 27 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for October 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).[12478393]. [21-16997] (KS) [Entered: 06/23/2022 01:01 PM]
June 3, 2022 Opinion or Order Filing 26 Filed (ECF) Appellant Jason Fyk citation of supplemental authorities. Date of service: 06/03/2022. [12462635] [21-16997] (Greyber, Jeffrey) [Entered: 06/03/2022 08:38 AM]
June 1, 2022 Opinion or Order Filing 25 Received 6 paper copies of Reply Brief [ # 23 ] filed by Jason Fyk. [12461954] (SD) [Entered: 06/02/2022 11:29 AM]
May 25, 2022 Opinion or Order Filing 24 Filed clerk order: The reply brief [ # 23 ] submitted by Jason Fyk 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. [12456266] (KWG) [Entered: 05/25/2022 01:34 PM]
May 25, 2022 Opinion or Order Filing 23 Submitted (ECF) Reply Brief for review. Submitted by Appellant Jason Fyk. Date of service: 05/25/2022. [12455656] [21-16997] (Greyber, Jeffrey) [Entered: 05/25/2022 06:21 AM]
May 13, 2022 Opinion or Order Filing 22 Received 6 paper copies of Answering Brief [ # 16 ] filed by Facebook, Inc.. [12446337] (SD) [Entered: 05/13/2022 11:36 AM]
May 5, 2022 Opinion or Order Filing 21 Filed (ECF) Appellee Facebook, Inc. Correspondence: Withdrawal of Supplemental Excerpts of Record, Dkt. No. 18. Date of service: 05/05/2022 [12439103] [21-16997] (Hicks, William) [Entered: 05/05/2022 12:04 PM]
May 5, 2022 Opinion or Order Filing 20 Added Attorney(s) Jeffrey L. Greyber for party(s) Appellant Jason Fyk, in case 21-16997. [12438683] (NAC) [Entered: 05/05/2022 07:17 AM]
May 5, 2022 Opinion or Order Filing 19 Filed (ECF) notice of appearance of Jeffrey Lewis Greyber (Callagy Law PC, 1900 NW Corporate Blvd., Suite 310W, Boca Raton, FL 33431) for Appellant Jason Fyk. Date of service: 05/05/2022. (Party was previously proceeding with counsel.) [12438659] [21-16997] (Greyber, Jeffrey) [Entered: 05/05/2022 06:43 AM]
May 4, 2022 Opinion or Order Filing 18 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Facebook, Inc.. Date of service: 05/04/2022. [12438485] [21-16997] (Hicks, William) [Entered: 05/04/2022 03:51 PM]
May 4, 2022 Opinion or Order Filing 17 Filed clerk order: The answering brief [ # 16 ] submitted by Facebook, 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12438483] (KWG) [Entered: 05/04/2022 03:51 PM]
May 4, 2022 Opinion or Order Filing 16 Submitted (ECF) Answering Brief for review. Submitted by Appellee Facebook, Inc.. Date of service: 05/04/2022. [12438468] [21-16997]--[COURT UPDATE: Attached corrected PDF of the brief. 05/10/2022 by KWG] (Hicks, William) [Entered: 05/04/2022 03:38 PM]
April 14, 2022 Opinion or Order Filing 15 Filed (ECF) Appellant Jason Fyk citation of supplemental authorities. Date of service: 04/14/2022. [12422056] [21-16997] (Yu, Constance) [Entered: 04/14/2022 06:19 PM]
March 29, 2022 Opinion or Order Filing 14 Streamlined request [13] by Appellee Facebook, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellee Facebook, Inc. answering brief due 05/04/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12407338] (JN) [Entered: 03/29/2022 11:00 AM]
March 29, 2022 Opinion or Order Filing 13 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellee Facebook, Inc.. New requested due date is 05/04/2022. [12407279] [21-16997] (Hicks, William) [Entered: 03/29/2022 10:35 AM]
March 15, 2022 Opinion or Order Filing 12 Received 6 paper copies of Opening Brief [ # 8 ] filed by Jason Fyk. [12395268] (SD) [Entered: 03/15/2022 01:50 PM]
March 15, 2022 Opinion or Order Filing 11 Received 3 paper copies of excerpts of record [ # 9 ] in 1 volume(s) filed by Appellant Jason Fyk. [12395189] (KWG) [Entered: 03/15/2022 01:12 PM]
March 8, 2022 Opinion or Order Filing 10 Filed clerk order: The opening brief [ # 8 ] submitted by Jason Fyk 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 [ # 9 ] submitted by Jason Fyk 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. [12389755] (SML) [Entered: 03/08/2022 04:13 PM]
March 3, 2022 Opinion or Order Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellant Jason Fyk. Date of service: 03/03/2022. [12385942] [21-16997] (Yu, Constance) [Entered: 03/03/2022 05:59 PM]
March 3, 2022 Opinion or Order Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellant Jason Fyk. Date of service: 03/03/2022. [12385941] [21-16997]--[COURT UPDATE: Attached corrected brief. 03/08/2022 by SML] (Yu, Constance) [Entered: 03/03/2022 05:56 PM]
January 18, 2022 Opinion or Order Filing 7 Streamlined request [6] by Appellant Jason Fyk to extend time to file the brief is approved. Amended briefing schedule: Appellant Jason Fyk opening brief due 03/03/2022. Appellee Facebook, Inc. answering brief due 04/04/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12343935] (JN) [Entered: 01/18/2022 05:00 PM]
January 18, 2022 Opinion or Order Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Jason Fyk. New requested due date is 03/03/2022. [12343166] [21-16997] (Yu, Constance) [Entered: 01/18/2022 01:18 PM]
December 22, 2021 Opinion or Order Filing 5 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. [12323342] (VS) [Entered: 12/22/2021 03:06 PM]
December 9, 2021 Opinion or Order Filing 4 MEDIATION ORDER FILED: By 12/23/2021, 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. [12311843] (VS) [Entered: 12/09/2021 03:27 PM]
December 8, 2021 Opinion or Order Filing 3 The Mediation Questionnaire for this case was filed on 12/07/2021. 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.[12309342]. [21-16997] (AD) [Entered: 12/08/2021 06:44 AM]
December 7, 2021 Opinion or Order Filing 2 Filed (ECF) Appellant Jason Fyk Mediation Questionnaire. Date of service: 12/07/2021. [12309312] [21-16997] (Yu, Constance) [Entered: 12/07/2021 09:46 PM]
December 1, 2021 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Jason Fyk Mediation Questionnaire due on 12/08/2021. Appellant Jason Fyk opening brief due 02/01/2022. Appellee Facebook, Inc. answering brief due 03/01/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12302561] (RT) [Entered: 12/01/2021 01:10 PM]

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Plaintiff / appellant: JASON FYK
Represented By: Sean Robert Callagy Esquire
Represented By: Michael Jonathan Smikun Esquire
Represented By: Constance J. Yu
Represented By: Jeffrey L. Greyber
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Defendant / appellee: FACEBOOK, INC.
Represented By: William S. Hicks
Represented By: Matan Shacham
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