Alfred Johnson v. WinCo Foods, LLC, et al
| DOES, 1 through 10, inclusive |
| WINCO FOODS, LLC, a Delaware limted liability company and WINCO HOLDINGS, INC., an Idaho corporation |
| ALFRED JOHNSON, individually and on behalf of other members of the general public similarly situated |
| 21-55501 |
| May 17, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Opinions
We have the following opinions for this case:
| Description |
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 ALFRED JOHNSON V. WINCO FOODS, LLC
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Docket Report
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This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
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Filing 47
MANDATE ISSUED.(MMS, SRT and CTB) [12485731] (DJV) [Entered: 07/05/2022 07:06 AM]
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Filing 46
FILED OPINION (MARY M. SCHROEDER, SIDNEY R. THOMAS and CARLOS T. BEA) The judgment of the United States District Court for the Central District of California, holding in relevant part that the class members were not employees at the time of the drug test and did not need to be compensated, is AFFIRMED. Judge: MMS Authoring. FILED AND ENTERED JUDGMENT. [12469314] (AKM) [Entered: 06/13/2022 09:35 AM]
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Filing 45
Received 3 paper copies of further excerpts of record [ # 37 ] in 1 volume(s) filed by Appellant Alfred Johnson. (sent to panel) [12417374] (SD) [Entered: 04/11/2022 01:28 PM]
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Filing 44
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/ [12414313] (BG) [Entered: 04/06/2022 03:26 PM]
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Filing 43
ARGUED AND SUBMITTED TO MARY M. SCHROEDER, SIDNEY R. THOMAS and CARLOS T. BEA. [12411740] (BG) [Entered: 04/04/2022 11:42 AM]
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Filing 42
ENTRY UPDATED: Filed clerk order: The further excerpts of record [ # 37 ] submitted by Alfred Johnson 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. [12410124] [12410124] --[Updated docket text to reflect that the excerpts are filed. No additional paper copies of the brief requried. 03/31/2022 by KWG] (KWG) [Entered: 03/31/2022 03:25 PM]
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Filing 41
Filed clerk order (Deputy Clerk: SVG): On January 21, 2022, appellant submitted the Further Excerpts of Record provisionally under seal, accompanied by a notice of intent to file that volume publicly pursuant to Ninth Circuit Rule 27-13(f). No other party has filed a motion to file or maintain that volume under seal. Consequently, the Clerk shall publicly file the Further Excerpts of Record. [12409811] (OC) [Entered: 03/31/2022 12:20 PM]
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Filing 40
Filed (ECF) Acknowledgment of hearing notice by Attorney Kiran A. Seldon for Appellees Winco Foods, LLC and Winco Holdings, Inc.. Hearing in Pasadena on 04/04/2022 at 09:00 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: 02/23/2022. [12377651] [21-55501] (Seldon, Kiran) [Entered: 02/23/2022 11:12 AM]
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Filing 39
Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Melissa Grant for Appellant Alfred Johnson. Hearing in Pasadena on 04/04/2022 at 09:00 A.M. (Courtroom: 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: 02/05/2022. [12361807] [21-55501] (Grant, Melissa) [Entered: 02/05/2022 12:24 PM]
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Filing 38
Received 6 paper copies of Reply Brief [ # 32 ] filed by Alfred Johnson. (sent to panel) [12353556] (SD) [Entered: 01/27/2022 02:25 PM]
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Filing 35
Notice of Oral Argument on Monday, April 4, 2022 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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, April 4, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12348196]. [21-55501] (KS) [Entered: 01/23/2022 06:08 AM]
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Filing 37
Submitted (ECF) further excerpts of record. Submitted by Appellant Alfred Johnson. Date of service: 01/21/2022. (Court-entered filing, excerpts of record originally submitted in [34].) [12348286]--[COURT UPDATE: Unsealed per order [ # 41 ]. 03/31/2022 by KWG] (KWG) [Entered: 01/24/2022 07:38 AM]
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Filing 36
Filed (ECF) notice of filing document ([34]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellant Alfred Johnson. Date of service: 01/21/2022. (Court-entered filing) [12348281] (KWG) [Entered: 01/24/2022 07:34 AM]
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Filing 34
Filed (ECF) UNDER SEAL Appellant Alfred Johnson notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 01/21/2022. [12347998] [21-55501]--[COURT UPDATE: Attached corrected PDF of the notice, excerpts, and certificates. 01/24/2022 by KWG] (Anderson, Tyler) [Entered: 01/21/2022 04:39 PM]
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Filing 33
Filed clerk order: The reply brief [ # 32 ] submitted by Alfred Johnson 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. [12347994] (KWG) [Entered: 01/21/2022 04:37 PM]
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Filing 32
Submitted (ECF) Reply Brief for review. Submitted by Appellant Alfred Johnson. Date of service: 01/21/2022. [12347957] [21-55501] (Wu, Ryan) [Entered: 01/21/2022 04:23 PM]
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Filing 31
Filed (ECF) Attorney Kiran A. Seldon for Appellees Winco Foods, LLC and Winco Holdings, Inc. response to notice for case being considered for oral argument. Date of service: 01/06/2022. [12332903] [21-55501] (Seldon, Kiran) [Entered: 01/06/2022 09:37 AM]
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Filing 30
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for April 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).[12329906]. [21-55501] (KS) [Entered: 01/03/2022 05:11 PM]
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Filing 29
Received 3 paper copies of supplemental excerpts of record [ # 22 ] in 2 volume(s) and index volume filed by Appellees Winco Foods, LLC and Winco Holdings, Inc. [12305313] (LA) [Entered: 12/03/2021 02:42 PM]
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Filing 28
Streamlined request [26] by Appellant Alfred Johnson to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 01/21/2022. [12304292] (DLM) [Entered: 12/02/2021 03:20 PM]
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Filing 27
Received 6 paper copies of Answering Brief [ # 20 ] filed by Winco Foods, LLC and Winco Holdings, Inc.. [12304130] (SD) [Entered: 12/02/2021 02:14 PM]
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Filing 26
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Alfred Johnson. New requested due date is 01/21/2022. [12303217] [21-55501] (Wu, Ryan) [Entered: 12/01/2021 05:08 PM]
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Filing 25
Added Attorney(s) Tyler C. Anderson for party(s) Appellant Alfred Johnson, in case 21-55501. [12303206] (RR) [Entered: 12/01/2021 05:00 PM]
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Filing 24
Filed clerk order: The supplemental excerpts of record [ # 22 ] submitted by Winco Foods, LLC and Winco Holdings, Inc. 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. [12303199] (LA) [Entered: 12/01/2021 04:57 PM]
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Filing 23
Filed (ECF) notice of appearance of Tyler C. Anderson (Tyler Anderson 310.712.8034 Direct | Tyler.Anderson@capstonelawyers.com 1875 Century Park East, Suite 1000 Los Angeles, California 90067) for Appellant Alfred Johnson. Date of service: 12/01/2021. (Party was previously proceeding with counsel.) [12303182] [21-55501] (Anderson, Tyler) [Entered: 12/01/2021 04:52 PM]
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Filing 22
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Winco Foods, LLC and Winco Holdings, Inc.. Date of service: 12/01/2021. [12302801] [21-55501] (Seldon, Kiran) [Entered: 12/01/2021 02:22 PM]
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Filing 21
Filed clerk order: The answering brief [ # 20 ] submitted by Winco Foods, LLC and Winco Holdings, 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. [12302666] (LA) [Entered: 12/01/2021 01:50 PM]
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Filing 20
Submitted (ECF) Answering Brief for review. Submitted by Appellees Winco Foods, LLC and Winco Holdings, Inc.. Date of service: 12/01/2021. [12302566] [21-55501] (Seldon, Kiran) [Entered: 12/01/2021 01:12 PM]
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Filing 19
Streamlined request [18] by Appellees Winco Foods, LLC and Winco Holdings, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellees Winco Foods, LLC and Winco Holdings, Inc. answering brief due 12/01/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12253527] (DLM) [Entered: 10/12/2021 10:09 AM]
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Filing 18
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Winco Foods, LLC and Winco Holdings, Inc.. New requested due date is 12/01/2021. [12253032] [21-55501] (Seldon, Kiran) [Entered: 10/11/2021 09:26 AM]
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Filing 17
Received 6 paper copies of Opening Brief [ # 13 ] filed by Alfred Johnson. [12249865] (SD) [Entered: 10/06/2021 04:01 PM]
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Filing 16
Received 3 paper copies of excerpts of record [ # 14 ] in 4 volume(s) and index volume filed by Appellant Alfred Johnson. [12249626] (KWG) [Entered: 10/06/2021 02:31 PM]
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Filing 15
Filed clerk order: The opening brief [ # 13 ] submitted by Alfred Johnson 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 [ # 14 ] submitted by Alfred Johnson 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. [12246197] (LA) [Entered: 10/04/2021 11:00 AM]
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Filing 14
Submitted (ECF) excerpts of record. Submitted by Appellant Alfred Johnson. Date of service: 10/01/2021. [12245751] [21-55501] (Wu, Ryan) [Entered: 10/01/2021 09:08 PM]
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Filing 13
Submitted (ECF) Opening Brief for review. Submitted by Appellant Alfred Johnson. Date of service: 10/01/2021. [12245745] [21-55501] (Wu, Ryan) [Entered: 10/01/2021 08:56 PM]
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Filing 12
Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 11 ] (ECF Filing) filed by Appellant to extend time to file brief filed by Appellant Alfred Johnson. Appellant Alfred Johnson opening brief due 10/01/2021. Appellees Winco Foods, LLC and Winco Holdings, Inc. answering brief due 11/01/2021. The optional reply brief is due 21 days after service of the answering brief. [12233945] (TH) [Entered: 09/20/2021 05:00 PM]
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Filing 11
Filed (ECF) Appellant Alfred Johnson Motion to extend time to file Opening brief until 10/01/2021. Date of service: 09/20/2021. [12233726] [21-55501] (Wu, Ryan) [Entered: 09/20/2021 03:46 PM]
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Filing 10
Streamlined request [9] by Appellant Alfred Johnson to extend time to file the brief is approved. Amended briefing schedule: Appellant Alfred Johnson opening brief due 09/22/2021. Appellees Winco Foods, LLC and Winco Holdings, Inc. answering brief due 10/22/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12196238] (DLM) [Entered: 08/09/2021 04:22 PM]
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Filing 9
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Alfred Johnson. New requested due date is 09/22/2021. [12195569] [21-55501] (Wu, Ryan) [Entered: 08/09/2021 12:02 PM]
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| Filing 8 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. [12164545] (CL) [Entered: 07/07/2021 08:38 AM] |
| Filing 7 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Assessment Conference, 07/06/2021, 11:00 a.m. Pacific Time. (originally scheduled on 06/22/2021 ). [12146488] (CL) [Entered: 06/16/2021 04:50 PM] |
| Filing 6 Added Attorney(s) Kiran A. Seldon for party(s) Appellee Winco Foods, LLC Appellee Winco Holdings, Inc., in case 21-55501. [12135364] (DJV) [Entered: 06/07/2021 09:35 AM] |
| Filing 5 Filed (ECF) notice of appearance of Kiran Aftab Seldon (Seyfarth Shaw LLP, 2029 Century Park East, Suite 3500, Los Angeles, CA 90067) for Appellees Winco Foods, LLC and Winco Holdings, Inc.. Date of service: 06/07/2021. (Party was previously proceeding with counsel.) [12135335] [21-55501] (Seldon, Kiran) [Entered: 06/07/2021 09:28 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 06/22/2021, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12134535] (CL) [Entered: 06/04/2021 03:15 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 05/24/2021. 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.[12123099]. [21-55501] (AD) [Entered: 05/24/2021 06:44 PM] |
| Filing 2 Filed (ECF) Appellant Alfred Johnson Mediation Questionnaire. Date of service: 05/24/2021. [12123051] [21-55501] (Wu, Ryan) [Entered: 05/24/2021 04:52 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Alfred Johnson Mediation Questionnaire due on 05/24/2021. Transcript ordered by 06/14/2021. Transcript due 07/13/2021. Appellant Alfred Johnson opening brief due 08/23/2021. Appellees Winco Foods, LLC and Winco Holdings, Inc. answering brief due 09/21/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12114907] (JMR) [Entered: 05/17/2021 10:39 AM] |
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