Scott Kingston v. IBM
| SCOTT KINGSTON |
| INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation |
| 21-35548 |
| July 8, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil Rights Jobs |
Docket Report
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This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.
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Filing 41
FILED MEMORANDUM DISPOSITION WITH DISSENT (RONALD LEE GILMAN, SANDRA S. IKUTA and ERIC D. MILLER) The parties shall bear their own costs on appeal. AFFIRMED in part, VACATED in part, and REMANDED with instructions. FILED AND ENTERED JUDGMENT. [12505924] (MM) [Entered: 08/01/2022 09:38 AM]
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Filing 40
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/ [12466507] (SB) [Entered: 06/08/2022 01:03 PM]
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Filing 39
ARGUED AND SUBMITTED TO RONALD LEE GILMAN, SANDRA S. IKUTA and ERIC D. MILLER. [12466342] (SB) [Entered: 06/08/2022 11:09 AM]
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Filing 38
Notice of Oral Argument on Wednesday, June 8, 2022 - 08:30 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 Wednesday, June 8, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12456959]. [21-35548] (KS) [Entered: 05/26/2022 09:38 AM]
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Filing 37
Received 6 paper copies of Reply Brief [ # 33 ] filed by IBM. (sent to panel) [12416300] (SD) [Entered: 04/08/2022 02:00 PM]
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Filing 36
Filed clerk order: The reply brief [ # 33 ] submitted by IBM 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. [12414830] (KT) [Entered: 04/07/2022 11:23 AM]
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Filing 35
Filed (ECF) Acknowledgment of hearing notice by Attorney Mark Russell Sigmon for Appellee Scott Kingston. Hearing in Seattle on 06/08/2022 at 09:00 A.M. (Courtroom: 7th Floor Courtroom 2). 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: 04/07/2022. [12414811] [21-35548] (Sigmon, Mark) [Entered: 04/07/2022 11:12 AM]
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Filing 34
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Anthony J. Dick for Appellant IBM. Hearing in Seattle on 06/08/2022 at 09:00 A.M. (Courtroom: 7th Floor Courtroom 2). 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: 04/07/2022. [12414799] [21-35548] (Dick, Anthony) [Entered: 04/07/2022 11:02 AM]
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Filing 33
Submitted (ECF) Reply Brief for review. Submitted by Appellant IBM. Date of service: 04/07/2022. [12414779] [21-35548] (Lovitt, Traci) [Entered: 04/07/2022 10:53 AM]
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Filing 32
Notice of Oral Argument on Wednesday, June 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 Wednesday, June 8, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12405687]. [21-35548] (KS) [Entered: 03/27/2022 06:11 AM]
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Filing 31
Filed (ECF) Attorney Mrs. Traci L. Lovitt for Appellant IBM response to notice for case being considered for oral argument. Date of service: 03/03/2022. [12384977] [21-35548] (Lovitt, Traci) [Entered: 03/03/2022 07:54 AM]
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Filing 30
Received 6 paper copies of Answering Brief [ # 23 ] filed by Scott Kingston. [12378258] (SD) [Entered: 02/23/2022 03:41 PM]
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Filing 29
Received 3 paper copies of supplemental excerpts of record [ # 24 ] in 3 volume(s) and index volume filed by Appellee Scott Kingston. [12377711] (KT) [Entered: 02/23/2022 11:34 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 June 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).[12374614]. [21-35548] (KS) [Entered: 02/18/2022 11:31 AM]
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Filing 27
Streamlined request [26] by Appellant IBM to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 04/07/2022. [12372361] (BG) [Entered: 02/16/2022 02:18 PM]
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Filing 26
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant IBM. New requested due date is 04/07/2022. [12372083] [21-35548] (Aguinaga, Jorge) [Entered: 02/16/2022 12:31 PM]
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Filing 25
Filed clerk order: The answering brief [ # 23 ] submitted by Scott Kingston 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 [ # 24 ] submitted by Scott Kingston 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. [12371604] (KT) [Entered: 02/16/2022 09:11 AM]
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Filing 24
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Scott Kingston. Date of service: 02/15/2022. [12371284] [21-35548] (Marshall, Toby) [Entered: 02/15/2022 04:06 PM]
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Filing 23
Submitted (ECF) Answering Brief for review. Submitted by Appellee Scott Kingston. Date of service: 02/15/2022. [12371255] [21-35548] (Marshall, Toby) [Entered: 02/15/2022 03:51 PM]
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Filing 22
Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 21 ] (ECF Filing) filed by Appellee Scott Kingston; Appellee Scott Kingston answering brief due 02/15/2022. The optional reply brief is due 21 days after service of the answering brief. [12299459] (GS) [Entered: 11/29/2021 10:58 AM]
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Filing 21
Filed (ECF) Appellee Scott Kingston Unopposed Motion to extend time to file Answering brief until 02/15/2022. Date of service: 11/24/2021. [12298177] [21-35548] (Marshall, Toby) [Entered: 11/24/2021 03:53 PM]
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Filing 20
Received 3 paper copies of excerpts of record [ # 17 ] in 3 volume(s) and index volume filed by Appellant IBM. [12296423] (KT) [Entered: 11/23/2021 10:12 AM]
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Filing 19
Received 6 paper copies of Opening Brief [ # 16 ] filed by IBM. [12295668] (SD) [Entered: 11/22/2021 03:48 PM]
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Filing 18
Filed clerk order: The opening brief [ # 16 ] submitted by IBM 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 [ # 17 ] submitted by IBM 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. [12291258] (KT) [Entered: 11/18/2021 09:07 AM]
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Filing 17
Submitted (ECF) excerpts of record. Submitted by Appellant IBM. Date of service: 11/17/2021. [12291096] [21-35548] (Lovitt, Traci) [Entered: 11/17/2021 07:07 PM]
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Filing 16
Submitted (ECF) Opening Brief for review. Submitted by Appellant IBM. Date of service: 11/17/2021. [12291093] [21-35548] (Lovitt, Traci) [Entered: 11/17/2021 07:02 PM]
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| Filing 15 Streamlined request [14] by Appellant IBM to extend time to file the brief is approved. Amended briefing schedule: Appellant International Business Machines Corporation opening brief due 11/17/2021. Appellee Scott Kingston answering brief due 12/17/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12211397] (JN) [Entered: 08/25/2021 01:34 PM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant IBM. New requested due date is 11/17/2021. [12210867] [21-35548] (Aguinaga, Jorge) [Entered: 08/25/2021 09:21 AM] |
| Filing 13 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 set by the court remains in effect. [12203957] (LW) [Entered: 08/17/2021 02:48 PM] |
| Filing 12 Added Attorney(s) Mark Russell Sigmon for party(s) Appellee Scott Kingston, in case 21-35548. [12199557] (JFF) [Entered: 08/12/2021 10:51 AM] |
| Filing 11 Filed (ECF) notice of appearance of Mark R. Sigmon (SIGMON LAW, PLLC, 5 West Hargett Street, Suite 1001 Raleigh, North Carolina 27601 mark@sigmonlawfirm.com) for Appellee Scott Kingston. Date of service: 08/12/2021. (Party was previously proceeding with counsel.) [12199497] [21-35548] (Sigmon, Mark) [Entered: 08/12/2021 10:28 AM] |
| Filing 10 Added Attorney(s) Jeremy R. Williams for party(s) Appellee Scott Kingston, in case 21-35548. [12196880] (JFF) [Entered: 08/10/2021 10:49 AM] |
| Filing 9 Added Attorney(s) Matthew E. Lee for party(s) Appellee Scott Kingston, in case 21-35548. [12196878] (JFF) [Entered: 08/10/2021 10:48 AM] |
| Filing 8 Filed (ECF) notice of appearance of Jeremy R. Williams (MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603) for Appellee Scott Kingston. Date of service: 08/10/2021. (Party was previously proceeding with counsel.) [12196576] [21-35548] (Williams, Jeremy) [Entered: 08/10/2021 09:02 AM] |
| Filing 7 Filed (ECF) notice of appearance of Matthew E. Lee (MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603) for Appellee Scott Kingston. Date of service: 08/10/2021. (Party was previously proceeding with counsel.) [12196568] [21-35548] (Lee, Matthew) [Entered: 08/10/2021 08:59 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 07/15/2021. 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.[12173523]. [21-35548] (AD) [Entered: 07/15/2021 12:44 PM] |
| Filing 5 Filed (ECF) Appellee Scott Kingston Mediation Questionnaire. Date of service: 07/15/2021. [12173279] [21-35548] (Marshall, Toby) [Entered: 07/15/2021 10:31 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL IN AssessmentConference, 08/17/2021, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12172144] (LW) [Entered: 07/14/2021 10:35 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 07/12/2021. 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.[12169779]. [21-35548] (AD) [Entered: 07/12/2021 12:44 PM] |
| Filing 2 Filed (ECF) Appellant IBM Mediation Questionnaire. Date of service: 07/12/2021. [12169744] [21-35548] (Lovitt, Traci) [Entered: 07/12/2021 12:23 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant International Business Machines Corporation Mediation Questionnaire due on 07/15/2021. Transcript ordered by 08/09/2021. Transcript due 09/07/2021. Appellant International Business Machines Corporation opening brief due 10/18/2021. Appellee Scott Kingston answering brief due 11/17/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12167334] (JBS) [Entered: 07/08/2021 04:34 PM] |
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