James Shayler v. 1310 PCH, LLC
JAMES SHAYLER, an individual |
1310 PCH, LLC, a California Limited Liability Company |
21-56130 |
October 15, 2021 |
U.S. Court of Appeals, Ninth Circuit |
Americans w/Disabilities Act-Othr |
Docket Report
This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 25 SUBMITTED ON THE BRIEFS TO MILAN D. SMITH, JR., RYAN D. NELSON and GERSHWIN A. DRAIN. [12531590] (BG) [Entered: 09/01/2022 11:10 AM] |
Filing 24 Filed clerk order (Deputy Clerk: AF): The court is of the unanimous opinion that the facts and legal argument are adequately presented in the briefs and record, and that the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted on the briefs and record without oral argument on August 31, 2022, in Pasadena, California. Fed. R. App. P. 34(a)(2). [12509397] (AF) [Entered: 08/04/2022 10:47 AM] |
Filing 23 Notice of Oral Argument on Wednesday, August 31, 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 Wednesday, August 31, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12474806]. [21-56130] (KS) [Entered: 06/19/2022 06:08 AM] |
Filing 22 This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for August 29 September 2 & September 19 September 23, 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). [12450492] (DJH) [Entered: 05/18/2022 02:54 PM] |
Filing 21 Received 6 paper copies of Reply Brief [ # 19 ] filed by James Shayler. [12450359] (SD) [Entered: 05/18/2022 02:16 PM] |
Filing 20 Filed clerk order: The reply brief [ # 19 ] submitted by James Shayler 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. [12443524] (KT) [Entered: 05/10/2022 05:29 PM] |
Filing 19 Submitted (ECF) Reply Brief for review. Submitted by Appellant James Shayler. Date of service: 05/10/2022. [12443276] [21-56130] (Hakimi, Anoush) [Entered: 05/10/2022 03:30 PM] |
Filing 18 Received 6 paper copies of Answering Brief [ # 16 ] filed by 1310 PCH, LLC. [12438352] (SD) [Entered: 05/04/2022 02:43 PM] |
Filing 17 Filed clerk order: The answering brief [ # 16 ] submitted by 1310 PCH, LLC 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. [12432537] (KT) [Entered: 04/27/2022 01:12 PM] |
Filing 16 Submitted (ECF) Answering Brief for review. Submitted by Appellee 1310 PCH, LLC. Date of service: 04/25/2022. [12430502] [21-56130]--[COURT UPDATE: attached corrected PDF of answering brief. 04/27/2022 by KT] (Bogert, Jeffrey) [Entered: 04/25/2022 04:00 PM] |
Filing 15 Received 6 paper copies of Answering Brief [ # 9 ] filed by James Shayler. [12400786] (SD) [Entered: 03/21/2022 03:13 PM] |
Filing 14 Received 3 paper copies of excerpts of record [ # 10 ] in 1 volume(s) filed by Appellant James Shayler. [12400657] (KT) [Entered: 03/21/2022 02:14 PM] |
Filing 13 Streamlined request [12] by Appellee 1310 PCH, LLC to extend time to file the brief is approved. Amended briefing schedule: Appellee 1310 PCH, LLC answering brief due 04/25/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12399418] (BG) [Entered: 03/18/2022 02:17 PM] |
Filing 12 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee 1310 PCH, LLC. New requested due date is 04/22/2022. [12399319] [21-56130] (Bogert, Jeffrey) [Entered: 03/18/2022 01:39 PM] |
Filing 11 Filed clerk order: The opening brief [ # 9 ] submitted by James Shayler 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 [ # 10 ] submitted by James Shayler 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. [12378246] (LA) [Entered: 02/23/2022 03:36 PM] |
Filing 10 Submitted (ECF) excerpts of record. Submitted by Appellant James Shayler. Date of service: 02/22/2022. [12377162] [21-56130] (Wilson, Kyle) [Entered: 02/22/2022 09:37 PM] |
Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellant James Shayler. Date of service: 02/22/2022. [12377161] [21-56130] (Wilson, Kyle) [Entered: 02/22/2022 09:36 PM] |
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. [12360463] (CL) [Entered: 02/03/2022 04:16 PM] |
Filing 7 Streamlined request [6] by Appellant James Shayler to extend time to file the brief is approved. Amended briefing schedule: Appellant James Shayler opening brief due 02/22/2022. Appellee 1310 PCH, LLC answering brief due 03/24/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12348298] (BG) [Entered: 01/24/2022 07:44 AM] |
Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant James Shayler. New requested due date is 02/22/2022. [12348124] [21-56130] (Wilson, Kyle) [Entered: 01/21/2022 06:09 PM] |
Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference w/ counsel for appellant only, 12/14/2021, 2:00 p.m. Pacific Time. See order for details. [12307379] (CL) [Entered: 12/06/2021 03:58 PM] |
Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 12/06/2021, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12280107] (CL) [Entered: 11/05/2021 03:24 PM] |
Filing 3 The Mediation Questionnaire for this case was filed on 10/22/2021. 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.[12266582]. [21-56130] (AD) [Entered: 10/22/2021 06:44 PM] |
Filing 2 Filed (ECF) Appellant James Shayler Mediation Questionnaire. Date of service: 10/22/2021. [12266463] [21-56130] (Wilson, Kyle) [Entered: 10/22/2021 04:42 PM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant James Shayler Mediation Questionnaire due on 10/22/2021. Transcript ordered by 11/12/2021. Transcript due 12/13/2021. Appellant James Shayler opening brief due 01/21/2022. Appellee 1310 PCH, LLC answering brief due 02/22/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12258148] (JBS) [Entered: 10/15/2021 09:39 AM] |
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