Ryan Harter v. USPS, et al
| RYAN HARTER |
| UNITED STATES POSTAL SERVICE and NATIONAL ASSOCIATION LETTER CARRIERS AFL-CIO |
| 21-35129 |
| February 18, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Labor/Management Relations Act |
Docket Report
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This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.
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Filing 47
FILED MEMORANDUM DISPOSITION (JAY S. BYBEE, CARLOS T. BEA and MORGAN B. CHRISTEN) AFFIRMED. FILED AND ENTERED JUDGMENT. [12377414] (JN) [Entered: 02/23/2022 09:36 AM]
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Filing 46
SUBMITTED ON THE BRIEFS TO JAY S. BYBEE, CARLOS T. BEA and MORGAN B. CHRISTEN. [12363521] (SB) [Entered: 02/08/2022 09:07 AM]
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Filing 45
Filed clerk order (Deputy Clerk: AF): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted on the briefs and record without oral argument on Tuesday, February 8, 2022, in Seattle, Washington. Fed. R. Civ. P. 34(a)(2). [12342716] (AF) [Entered: 01/18/2022 10:27 AM]
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Filing 44
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jeffry Keith Finer for Appellant Ryan Harter. Hearing in Seattle on 02/08/2022 at 09:00 A.M. (Courtroom: SE 7th Flr Courtroom 2). Filer sharing argument time: No. 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: 01/06/2022. [12333096] [21-35129] (Finer, Jeffry) [Entered: 01/06/2022 11:16 AM]
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Filing 43
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. John Drake for Appellee USPS. Hearing in Seattle on 02/08/2022 at 09:00 A.M. (Courtroom: SE 7th Floor, Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20) 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: 11/29/2021. [12299603] [21-35129] (Drake, John) [Entered: 11/29/2021 11:52 AM]
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Filing 42
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Peter D. DeChiara, Esquire for Appellee National Association Letter Carriers AFL-CIO. Hearing in Seattle on 02/08/2022 at 09:00 A.M. (Courtroom: Courtroom 2). 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: 11/29/2021. [12299138] [21-35129] (DeChiara, Peter) [Entered: 11/29/2021 06:45 AM]
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Filing 41
Notice of Oral Argument on Tuesday, February 8, 2022 - 09:00 A.M. - SE 7th Flr Courtroom 2 - Scheduled Location: Seattle WA. 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 Tuesday, February 8, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12299053]. [21-35129] (KS) [Entered: 11/28/2021 06:12 AM]
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Filing 40
Received 6 paper copies of Reply Brief [ # 38 ] filed by Ryan Harter. [12273132] (SD) [Entered: 10/29/2021 02:23 PM]
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Filing 39
Filed clerk order: The reply brief [ # 38 ] submitted by Ryan Harter 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. [12266313] (KWG) [Entered: 10/22/2021 03:59 PM]
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Filing 38
Submitted (ECF) Reply Brief for review. Submitted by Appellant Ryan Harter. Date of service: 10/20/2021. [12263914] [21-35129]--[COURT UPDATE: Attached corrected PDF of the brief. 10/22/2021 by KWG] (Finer, Jeffry) [Entered: 10/20/2021 08:18 PM]
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Filing 37
This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle 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).[12261593]. [21-35129] (KS) [Entered: 10/19/2021 01:11 PM]
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Filing 36
Filed clerk order (Deputy Clerk: TAH): The court has received the appellants reply brief (Docket Entry No. [ # 35 ]) and the appellants motion (Docket Entry No. [ # 34 ]) for an extension of time to file a second reply brief. The appellant is informed that a party is limited to filing a single reply brief, even when responding to multiple briefs by other parties. See 9th Cir. R. 28-5; see also 9th Cir. R. 32-2(b). The appellants motion (Docket Entry No. [ # 34 ]) is construed as a motion for leave to file a replacement reply brief and is granted. The appellant may file a single replacement reply brief responding to both answering briefs on or before October 20, 2021. Upon receipt of the replacement reply brief, the Clerk will strike the reply brief submitted at Docket Entry No. [ # 35 ]. [12241469] (WL) [Entered: 09/28/2021 12:03 PM]
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Filing 35
Submitted (ECF) Reply Brief for review. Submitted by Appellant Ryan Harter. Date of service: 09/20/2021. [12234027] [21-35129] (Finer, Jeffry) [Entered: 09/20/2021 09:08 PM]
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Filing 34
Filed (ECF) Appellant Ryan Harter Motion to extend time to file Reply brief until 10/20/2021. Date of service: 09/20/2021. [12234001] [21-35129] --[COURT UPDATE: Updated docket text to reflect content of filing. 9/21/2021 by TYL] (Finer, Jeffry) [Entered: 09/20/2021 06:07 PM]
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Filing 33
Streamlined request [32] by Appellant Ryan Harter to extend time to file the brief is not approved because filer requested a previous extension of time. The filer must file a motion per 9th Cir. R. 31-2.2(b). [12233761] (BG) [Entered: 09/20/2021 03:56 PM]
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Filing 32
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Ryan Harter. New requested due date is 10/20/2021. [12233198] [21-35129] (Finer, Jeffry) [Entered: 09/20/2021 01:07 PM]
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Filing 31
Filed clerk order (Deputy Clerk: th): Granting Appellant's Motion [ # 30 ] (ECF Filing) to extend time to file reply brief. The appellant's reply brief is due September 20, 2021. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). [12205644] (TH) [Entered: 08/19/2021 09:39 AM]
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Filing 30
Filed (ECF) Appellant Ryan Harter Motion to extend time to file a reply until 08/25/2021. Date of service: 08/18/2021. [12205194] [21-35129] (Finer, Jeffry) [Entered: 08/18/2021 04:07 PM]
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Filing 29
Filed (ECF) Attorney Kelly Malloy for Appellee National Association Letter Carriers AFL-CIO response to notice for case being considered for oral argument. Date of service: 08/11/2021. [12197928] [21-35129] (Malloy, Kelly) [Entered: 08/11/2021 07:49 AM]
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Filing 28
This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for December 2021 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).[12197152]. [21-35129] (KS) [Entered: 08/10/2021 01:21 PM]
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Filing 27
Received 6 paper copies of Answering Brief [ # 25 ] filed by USPS. [12188238] (CPA) [Entered: 07/30/2021 02:29 PM]
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Filing 26
Filed clerk order: The answering brief [ # 25 ] submitted by USPS 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. [12185314] (LA) [Entered: 07/28/2021 10:46 AM]
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Filing 25
Submitted (ECF) Answering Brief for review. Submitted by Appellee USPS. Date of service: 07/28/2021. [12185134] [21-35129] (Drake, John) [Entered: 07/28/2021 09:23 AM]
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Filing 24
Streamlined request [23] by Appellant Ryan Harter to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 08/16/2021. [12170056] (BG) [Entered: 07/12/2021 02:52 PM]
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Filing 23
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Ryan Harter. New requested due date is 08/16/2021. [12169787] [21-35129] (Finer, Jeffry) [Entered: 07/12/2021 12:48 PM]
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Filing 22
Received 3 paper copies of supplemental excerpts of record [ # 19 ] in 1 volume(s) filed by Appellee National Association Letter Carriers AFL-CIO. [12162146] (LA) [Entered: 07/02/2021 03:40 PM]
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Filing 21
Received 6 paper copies of Answering Brief [ # 18 ] filed by National Association Letter Carriers AFL-CIO. [12161777] (SD) [Entered: 07/02/2021 01:09 PM]
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Filing 20
Filed clerk order: The answering brief [ # 18 ] submitted by National Association Letter Carriers AFL-CIO 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 supplemental excerpts of record [ # 19 ] submitted by National Association Letter Carriers AFL-CIO 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. [12154683] (KWG) [Entered: 06/25/2021 12:44 PM]
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Filing 19
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee National Association Letter Carriers AFL-CIO. Date of service: 06/25/2021. [12154350] [21-35129] (DeChiara, Peter) [Entered: 06/25/2021 09:55 AM]
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Filing 18
Submitted (ECF) Answering Brief for review. Submitted by Appellee National Association Letter Carriers AFL-CIO. Date of service: 06/25/2021. [12154347] [21-35129] (DeChiara, Peter) [Entered: 06/25/2021 09:53 AM]
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Filing 17
Streamlined request [16] by Appellee USPS to extend time to file the brief is approved for all Appellees. Amended briefing schedule: Appellees National Association Letter Carriers AFL-CIO and United States Postal Service answering brief due 07/28/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12152996] (JN) [Entered: 06/24/2021 09:24 AM]
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Filing 16
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USPS. New requested due date is 07/28/2021. [12152842] [21-35129] (Drake, John) [Entered: 06/24/2021 06:49 AM]
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Filing 15
Added Attorney(s) Kelly Malloy for party(s) Appellee National Association Letter Carriers AFL-CIO, in case 21-35129. [12149562] (RR) [Entered: 06/21/2021 02:39 PM]
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Filing 14
Filed (ECF) notice of appearance of Kelly L. Malloy (Cohen, Weiss and Simon LLP, 900 Third Avenue, Suite 2100, New York, New York 10022-4869) for Appellee National Association Letter Carriers AFL-CIO. Date of service: 06/21/2021. (Party was previously proceeding with counsel.) [12149355] [21-35129] (Malloy, Kelly) [Entered: 06/21/2021 01:04 PM]
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Filing 13
Received 3 paper copies of excerpts of record [ # 8 ] in 5 volume(s) and index volume filed by Appellant Ryan Harter. [12141210] (LA) [Entered: 06/10/2021 05:02 PM]
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Filing 12
Received 6 paper copies of Opening Brief [ # 7 ] filed by Ryan Harter. [12140250] (SD) [Entered: 06/10/2021 10:41 AM]
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Filing 11
Filed clerk order: The opening brief [ # 7 ] submitted by Ryan Harter 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 [ # 8 ] submitted by Ryan Harter 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. [12134170] (LA) [Entered: 06/04/2021 01:04 PM]
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Filing 10
COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 8 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellant Ryan Harter. Date of service: 06/01/2021. [12129659] [21-35129] (Finer, Jeffry) [Entered: 06/01/2021 01:35 PM]
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Filing 9
COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 8 ]. Original Text: Submitted (ECF) further excerpts of record. Submitted by Appellant Ryan Harter. Date of service: 05/29/2021. [12128769] [21-35129] (Finer, Jeffry) [Entered: 05/29/2021 12:45 PM]
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Filing 8
Submitted (ECF) excerpts of record. Submitted by Appellant Ryan Harter. Date of service: 05/28/2021. [12128751] [21-35129]--[COURT UPDATE: Attached corrected excerpts. 06/04/2021 by LA] (Finer, Jeffry) [Entered: 05/28/2021 10:18 PM]
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Filing 7
Submitted (ECF) Opening Brief for review. Submitted by Appellant Ryan Harter. Date of service: 05/28/2021. [12128744] [21-35129]--[COURT UPDATE: Attached corrected brief. 06/04/2021 by LA] (Finer, Jeffry) [Entered: 05/28/2021 09:11 PM]
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| Filing 6 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. The briefing schedule previously established by the court remains in effect. [12059813] (LW) [Entered: 03/31/2021 02:52 PM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL IN AssessmentConference, 03/31/2021, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12016559] (LW) [Entered: 02/25/2021 10:51 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 02/24/2021. 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.[12016029]. [21-35129] (AD) [Entered: 02/24/2021 06:44 PM] |
| Filing 3 Filed (ECF) Appellant Ryan Harter Mediation Questionnaire. Date of service: 02/24/2021. [12015454] [21-35129] (Finer, Jeffry) [Entered: 02/24/2021 02:08 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [12009151] (RR) [Entered: 02/19/2021 06:46 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Ryan Harter Mediation Questionnaire due on 02/25/2021. Transcript ordered by 03/19/2021. Transcript due 04/19/2021. Appellant Ryan Harter opening brief due 05/28/2021. Appellees National Association Letter Carriers AFL-CIO and United States Postal Service answering brief due 06/28/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12007883] (RT) [Entered: 02/18/2021 09:43 AM] |
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