Luis Rascon v. Benchmark Electronics, Inc.
| LUIS RASCON, individually and on behalf of all others similarly situated |
| BENCHMARK ELECTRONICS, INC. |
| 21-55210 |
| March 8, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 20 FILED MEMORANDUM DISPOSITION (WILLIAM A. FLETCHER, PAUL J. WATFORD and ANDREW D. HURWITZ) We address Benchmarks arguments in No. 21-55210. Our resolution of that matter renders the appeal in No. 20-55810 moot, and we dismiss that appeal. REVERSED and REMANDED. FILED AND ENTERED JUDGMENT. [12075208] [20-55810, 21-55210] (AKM) [Entered: 04/15/2021 09:35 AM] |
| Filing 19 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/ [12068072] [20-55810, 21-55210] (DLM) [Entered: 04/08/2021 01:18 PM] |
| Filing 18 ARGUED AND SUBMITTED TO WILLIAM A. FLETCHER, PAUL J. WATFORD and ANDREW D. HURWITZ. [12066363] (DLM) [Entered: 04/07/2021 10:58 AM] |
| Filing 17 Filed (ECF) Acknowledgment of hearing notice by Attorney Ali S. Carlsen, Esquire for Appellee Luis Rascon. Hearing in Pasadena on 04/07/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/23/2021. [12051395] [21-55210] (Carlsen, Ali) [Entered: 03/23/2021 06:38 PM] |
| Filing 16 Received 3 paper copies of supplemental excerpts of record [ # 10 ] in 1 volume(s) filed by Appellee Luis Rascon. (sent to panel) [12045727] (LA) [Entered: 03/18/2021 10:32 AM] |
| Filing 15 Received 6 paper copies of Answering Brief [ # 9 ] filed by Luis Rascon. (sent to panel) [12045725] (LA) [Entered: 03/18/2021 10:31 AM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 8 ] in 1 volume(s) filed by Appellant Benchmark Electronics, Inc. (sent to panel) [12045723] (LA) [Entered: 03/18/2021 10:31 AM] |
| Filing 13 Received 6 paper copies of Opening Brief [ # 7 ] filed by Benchmark Electronics, Inc. (sent to panel) [12045722] (LA) [Entered: 03/18/2021 10:30 AM] |
| Filing 12 Filed clerk order: The answering brief [ # 9 ] submitted by Luis Rascon is filed. Appellee is ordered to file 6 copies of the brief in paper format for delivery to the Court by 5:00 p.m. (Pacific time) on March 18, 2021, 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 [ # 10 ] submitted by Luis Rascon are filed. Appellee is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. (Pacific time) on March 18, 2021. The paper copies shall be submitted to the principal office of the Clerk. [12044578] (LA) [Entered: 03/17/2021 01:38 PM] |
| Filing 11 Filed clerk order: The opening brief [ # 7 ] submitted by Benchmark Electronics, Inc. is filed. Appellant is ordered to file 6 copies of the brief in paper format for delivery to the Court by 5:00 p.m. (Pacific time) on March 18, 2021, 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 Benchmark Electronics, Inc. are filed. Appellant is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. (Pacific time) on March 18, 2021. The paper copies shall be submitted to the principal office of the Clerk. [12044574] (LA) [Entered: 03/17/2021 01:36 PM] |
| Filing 10 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Luis Rascon. Date of service: 03/17/2021. [12044551] [21-55210] (Carlsen, Ali) [Entered: 03/17/2021 01:29 PM] |
| Filing 9 Submitted (ECF) Answering Brief for review. Submitted by Appellee Luis Rascon. Date of service: 03/17/2021. [12044549] [21-55210] (Carlsen, Ali) [Entered: 03/17/2021 01:28 PM] |
| Filing 8 Submitted (ECF) excerpts of record. Submitted by Appellant Benchmark Electronics, Inc.. Date of service: 03/17/2021. [12044522] [21-55210] (Ellis, John) [Entered: 03/17/2021 01:13 PM] |
| Filing 7 Submitted (ECF) Opening Brief for review. Submitted by Appellant Benchmark Electronics, Inc.. Date of service: 03/17/2021. [12044517] [21-55210] (Ellis, John) [Entered: 03/17/2021 01:12 PM] |
| Filing 6 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. John Ellis for Appellant Benchmark Electronics, Inc.. Hearing in Pasadena on 04/07/2021 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/16/2021. [12043712] [21-55210] (Ellis, John) [Entered: 03/16/2021 08:55 PM] |
| Filing 5 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 03/08/2021. [12029132] (RT) [Entered: 03/09/2021 10:56 AM] |
| Filing 4 Attorney Suren N. Weerasuriya substituted by Attorney Ali S. Carlsen. [12028298] (RL) [Entered: 03/08/2021 04:28 PM] |
| Filing 3 Filed (ECF) notice of appearance of Ali Sarah Carlsen (Aegis Law Firm, PC, 9811 Irvine Center Drive, Suite 100, Irvine, CA 92618) for Appellee Luis Rascon. Substitution for Attorney Suren N. Weerasuriya for Appellee Luis Rascon. Date of service: 03/08/2021. (Party was previously proceeding with counsel.) [12028272] [21-55210] (Carlsen, Ali) [Entered: 03/08/2021 04:16 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant Benchmark Electronics, Inc. opening brief due 03/18/2021. Appellee Luis Rascon answering brief due 03/18/2021. No Reply briefs will be accepted. [12027276] (RT) [Entered: 03/08/2021 10:30 AM] |
| Filing 1 Filed order (ANDREW D. HURWITZ and BRIDGET S. BADE, Circuit Judges) : in case no. 20-80118 on March 8, 2021: The petition for permission to appeal pursuant to 28 U.S.C. 1453(c) is granted. See Coleman v. Estes Express Lines, Inc., 627 F.3d 1096, 1100 (9th Cir. 2010). Within 7 days after the filing date of this order, petitioner shall perfect the appeal pursuant to Federal Rule of Appellate Procedure 5(d). Pursuant to 28 U.S.C. 1453(c)(2), the court shall complete all action on this appeal, including rendering judgment, not later than 60 days after the date on which the appeal was filed. See also Bush v. Cheaptickets, Inc., 425 F.3d 683, 685 (9th Cir. 2005) (stating that 60-day time period begins to run when the court accepts the appeal). The parties shall submit, via electronic filing, simultaneous briefs and excerpts of record within 10 days after the filing date of this order. No reply briefs will be accepted. Also, within 10 days after the filing date of this order, by 5:00 p.m. (Pacific time), the parties shall submit to the Clerks Office in San Francisco 6 copies of the briefs and 3 copies of the excerpts of record in paper format, accompanied by certification that the briefs are identical to the versions submitted electronically. Any motion to extend time to file the briefs shall strictly comply with the requirements set forth in 28 U.S.C. 1453(c)(3). The Clerk shall assign this case to the panel assigned to decide 20-55810. The Clerk shall calendar this case for hearing on Wednesday, April 7, 2021, in Pasadena. [12027262] (RT) [Entered: 03/08/2021 10:26 AM] |
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| Plaintiff / appellee: LUIS RASCON, individually and on behalf of all others similarly situated | |
| Represented By: | Ali S. Carlsen Esquire |
| Represented By: | Jessica L. Campbell |
| Represented By: | Samuel Wong |
| Represented By: | Kashif Haque |
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| Defendant / appellant: BENCHMARK ELECTRONICS, INC. | |
| Represented By: | John Ellis |
| Represented By: | Brooke Sikora Purcell |
| Represented By: | Paul Scott Cowie Esquire |
| Represented By: | Andrea L. Isaacs |
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