John Hendrix, et al v. J-M Manufacturing Company, Inc, et al
| UNITED STATES OF AMERICA, STATE OF CALIFORNIA, STATE OF DELAWARE, STATE OF FLORIDA, STATE OF TENNESSEE and COMMONWEALTH OF MASSACHUSETTS |
| FORMOSA PLASTICS CORPORATION, U.S.A., a Delaware corporation |
| JOHN HENDRIX, Relator; ex rel. United States of America, THE COMMONWEALTH OF VIRGINIA and STATE OF NEVADA |
| CALLEGUAS MUNICIPAL WATER DISTRICT, PALMDALE WATER DISTRICT and SOUTH TAHOE PUBLIC UTILITY DISTRICT |
| J-M MANUFACTURING COMPANY, INC., DBA JM Eagle |
| 21-56288 |
| November 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 37 Added Attorney(s) C. Harker Rhodes IV for party(s) Appellant J-M Manufacturing Company, Inc., in case 21-56288. [12453305] [21-56276, 21-56288] (QDL) [Entered: 05/23/2022 08:30 AM] |
| Filing 36 Filed (ECF) notice of appearance of C. Harker Rhodes IV (Kirkland and Ellis LLP, 1301 Pennsylvania Ave, NW, Washington, DC 20004) for Appellant J-M Manufacturing Company, Inc. in 21-56288. Date of service: 05/23/2022. (Party was previously proceeding with counsel.) [12453289] [21-56276, 21-56288] (Rhodes, C.) [Entered: 05/23/2022 08:16 AM] |
| Filing 35 Filed clerk order (Deputy Clerk: LBS): J-M Manufacturing Company, Inc.s unopposed motion (Docket Entry No. [ # 29 ]) for an extension of time to file the second brief on cross-appeal is granted. The second brief on cross-appeal is due July 19, 2022. The third brief on cross-appeal is due August 18, 2022. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12437273] [21-56276, 21-56288] (RY) [Entered: 05/03/2022 03:19 PM] |
| Filing 34 Added Attorney(s) Evelyn Blacklock, Mariel A. Brookins for party(s) Appellee J-M Manufacturing Company, Inc., in case 21-56276 and Appellant J-M Manufacturing Company, Inc., in case 21-56288. [12436599] [21-56276, 21-56288] (QDL) [Entered: 05/03/2022 08:13 AM] |
| Filing 33 Filed (ECF) notice of appearance of Evelyn Blacklock (Kirkland and Ellis LLP, 1301 Pennsylvania Avenue NW, Washington, DC 20004) for Appellee J-M Manufacturing Company, Inc. in 21-56276, Appellant J-M Manufacturing Company, Inc. in 21-56288. Date of service: 05/03/2022. (Party was previously proceeding with counsel.) [12436555] [21-56276, 21-56288] (Blacklock, Evelyn) [Entered: 05/03/2022 07:16 AM] |
| Filing 32 Filed (ECF) notice of appearance of Mariel A. Brookins (Kirkland and Ellis LLP, 1301 Pennsylvania Avenue NW, Washington, DC 20004) for Appellee J-M Manufacturing Company, Inc. in 21-56276, Appellant J-M Manufacturing Company, Inc. in 21-56288. Date of service: 05/03/2022. (Party was previously proceeding with counsel.) [12436553] [21-56276, 21-56288] (Brookins, Mariel) [Entered: 05/03/2022 07:14 AM] |
| Filing 31 Received 3 paper copies of excerpts of record [ # 25 ] in 12 volume(s) and index volume filed by Appellants/cross-appellees [12430613] [21-56276, 21-56288] (JAS) [Entered: 04/25/2022 05:01 PM] |
| Filing 30 Received 6 paper copies of First Brief on Cross-Appeal [ # 24 ] filed by Appellants/Cross-Appellees. [12430470] [21-56276, 21-56288] (SD) [Entered: 04/25/2022 03:46 PM] |
| Filing 29 Filed (ECF) Appellee J-M Manufacturing Company, Inc. in 21-56276, Appellant J-M Manufacturing Company, Inc. in 21-56288 Motion to extend time to file Second Brief on Cross-Appeal brief until 07/19/2022. Date of service: 04/22/2022. [12429066] [21-56276, 21-56288] (Clement, Paul) [Entered: 04/22/2022 02:47 PM] |
| Filing 28 Added Attorney(s) Paul D. Clement for party(s) Appellee J-M Manufacturing Company, Inc., in case 21-56276 and Appellant J-M Manufacturing Company, Inc., in case 21-56288. [12428983] [21-56276, 21-56288] (QDL) [Entered: 04/22/2022 02:13 PM] |
| Filing 27 Filed (ECF) notice of appearance of Paul D. Clement (Kirkland and Ellis LLP, 1301 Pennsylvania Ave, NW, Washington, DC 20004) for Appellee J-M Manufacturing Company, Inc. in 21-56276, Appellant J-M Manufacturing Company, Inc. in 21-56288. Date of service: 04/22/2022. (Party was previously proceeding with counsel.) [12428975] [21-56276, 21-56288] (Clement, Paul) [Entered: 04/22/2022 02:10 PM] |
| Filing 26 Filed clerk order: The first brief on cross-appeal [ # 24 ] submitted by appellants/cross-appellees 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 [ # 25 ] submitted by appellants/cross-appellees 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. [12426981] [21-56276, 21-56288] (KWG) [Entered: 04/20/2022 04:21 PM] |
| Filing 25 Submitted (ECF) excerpts of record. Submitted by Appellants Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District, State of Nevada and The Commonwealth of Virginia in 21-56276, Appellees Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District, State of Nevada and The Commonwealth of Virginia in 21-56288. Date of service: 04/20/2022. [12426902] [21-56276, 21-56288] (Havian, Eric) [Entered: 04/20/2022 03:42 PM] |
| Filing 24 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellants Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District, State of Nevada and The Commonwealth of Virginia in 21-56276, Appellees Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District, State of Nevada and The Commonwealth of Virginia in 21-56288. Date of service: 04/20/2022. [12426864] [21-56276, 21-56288] (Havian, Eric) [Entered: 04/20/2022 03:33 PM] |
| Filing 23 Filed clerk order (Deputy Clerk: SSR): Plaintiffs unopposed motion (Docket Entry No. [ # 22 ]) for an extension of time to file the first brief on cross-appeal is granted. The first brief on cross-appeal is due April 20, 2022. The second brief on cross-appeal is due May 20, 2022. The third brief on cross-appeal is due June 20, 2022. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12413428] [21-56276, 21-56288] (JMR) [Entered: 04/05/2022 04:37 PM] |
| Filing 22 Filed (ECF) Appellants Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District, State of Nevada and The Commonwealth of Virginia in 21-56276 Motion to extend time to file First Brief on Cross-Appeal until 04/20/2022. Date of service: 04/05/2022. [12413106] [21-56276, 21-56288]--[COURT UPDATE: Edited docket text to reflect content of filing. 04/05/2022 by QDL] (Sher, Elizabeth) [Entered: 04/05/2022 02:08 PM] |
| Filing 21 Added Attorney(s) George W. Hicks Jr. for party(s) Appellee J-M Manufacturing Company, Inc., in case 21-56276 and Appellant J-M Manufacturing Company, Inc., in case 21-56288. [12382624] [21-56276, 21-56288] (QDL) [Entered: 03/01/2022 08:09 AM] |
| Filing 20 Filed (ECF) notice of appearance of George W. Hicks, Jr. (Kirkland & Ellis LLP, 1301 Pennsylvania Ave., NW, Washington, DC 20004) for Appellee J-M Manufacturing Company, Inc. in 21-56276, Appellant J-M Manufacturing Company, Inc. in 21-56288. Date of service: 03/01/2022. (Party was previously proceeding with counsel.) [12382575] [21-56276, 21-56288] (Hicks, George) [Entered: 03/01/2022 06:19 AM] |
| Filing 19 Filed clerk order (Deputy Clerk: GS): Plaintiffs unopposed motion (Docket Entry No. [ # 18 ]) for an extension of time to file the first brief on cross-appeal is granted. The first brief on cross-appeal is due April 13, 2022. The second brief on cross-appeal is due May 13, 2022. The third brief on cross-appeal is due June 13, 2022. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12379010] [21-56276, 21-56288] (AF) [Entered: 02/24/2022 11:43 AM] |
| Filing 18 Filed (ECF) Appellants Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District, State of Nevada and The Commonwealth of Virginia in 21-56276 Motion to extend time to file First Brief on Cross-Appeal until 04/13/2022. Date of service: 02/18/2022. [12374526] [21-56276, 21-56288]--[COURT UPDATE: Edited docket text to reflect content of filing. 02/18/2022 by QDL] (Sher, Elizabeth) [Entered: 02/18/2022 11:02 AM] |
| Filing 17 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. [12344338] [21-56276, 21-56288] (BLS) [Entered: 01/19/2022 09:58 AM] |
| Filing 16 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 01/13/2022, 2:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12320182] [21-56276, 21-56288] (VS) [Entered: 12/20/2021 09:42 AM] |
| Filing 15 Added Attorney(s) Susan K. Stewart for party(s) Appellant State of Nevada, in case 21-56276 Attorney(s) Susan K. Stewart for party(s) Appellee State of Nevada, in case 21-56288. [12319086] [21-56276, 21-56288] (RR) [Entered: 12/17/2021 11:16 AM] |
| Filing 14 Filed (ECF) notice of appearance of Susan K. Stewart (State of Nevada, Office of Attorney General, 100 North Carson Street, Carson City, Nevada 89701) for Appellee State of Nevada in 21-56288, Appellant State of Nevada in 21-56276. Date of service: 12/17/2021. (Party was previously proceeding with counsel.) [12319068] [21-56288, 21-56276] (Stewart, Susan) [Entered: 12/17/2021 11:09 AM] |
| Filing 13 Terminated attorney Elizabeth J. Sher for State of Nevada in 21-56276 and 21-56288 (Does not represent State of Nevada). [12316607] [21-56276, 21-56288] (HH) [Entered: 12/15/2021 11:49 AM] |
| Filing 12 Added Attorney(s) Elizabeth J. Sher for party(s) Appellee State of Nevada, in case 21-56288. [12316295] [21-56288, 21-56276] (RT) [Entered: 12/15/2021 09:54 AM] |
| Filing 11 Added Attorney(s) Elizabeth J. Sher for party(s) Appellant John Hendrix Appellant Palmdale Water District Appellant South Tahoe Public Utility District Appellant Calleguas Municipal Water District, in case 21-56276 Attorney(s) Elizabeth J. Sher for party(s) Appellee Palmdale Water District Appellee John Hendrix Appellee South Tahoe Public Utility District Appellee The Commonwealth of Virginia Appellee Calleguas Municipal Water District, in case 21-56288. [12316075] [21-56276, 21-56288] (RR) [Entered: 12/14/2021 06:38 PM] |
| Filing 10 Filed (ECF) notice of appearance of Elizabeth Joy Sher (Day Pitney LLP, One Jefferson Road, Parsippany, NJ 07054) for Appellants Calleguas Municipal Water District, John Hendrix, Palmdale Water District and South Tahoe Public Utility District in 21-56276, Appellees Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District and The Commonwealth of Virginia in 21-56288. Date of service: 12/14/2021. (Party was previously proceeding with counsel.) [12314891] [21-56276, 21-56288] (Sher, Elizabeth) [Entered: 12/14/2021 06:38 AM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 12/09/2021. 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.[12312074]. [21-56288] (AD) [Entered: 12/09/2021 06:44 PM] |
| Filing 8 Filed (ECF) Appellants Calleguas Municipal Water District, John Hendrix, Palmdale Water District and South Tahoe Public Utility District in 21-56276, Appellees Calleguas Municipal Water District, John Hendrix, Palmdale Water District, The Commonwealth of Virginia, State of Nevada and South Tahoe Public Utility District in 21-56288 Mediation Questionnaire. Date of service: 12/09/2021. [12311730] [21-56276, 21-56288] (Dillman, Kirk) [Entered: 12/09/2021 02:35 PM] |
| Filing 7 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant John Hendrix has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12311632] (LW) [Entered: 12/09/2021 01:56 PM] |
| Filing 6 Filed (ECF) notice of appearance of David M. Bernick (Kirkland & Ellis LLP, 1301 Pennsylvania Avenue NW, Washington, D.C. 20004) for Appellee J-M Manufacturing Company, Inc. in 21-56276, Appellant J-M Manufacturing Company, Inc. in 21-56288. Date of service: 12/08/2021. (Party was previously proceeding with counsel.) [12309335] [21-56276, 21-56288] (Bernick, David) [Entered: 12/08/2021 06:19 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 12/06/2021. 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.[12307746]. [21-56288] (AD) [Entered: 12/07/2021 06:44 AM] |
| Filing 4 Added Attorney(s) Eric R. Havian for party(s) Appellant John Hendrix Appellant Palmdale Water District Appellant South Tahoe Public Utility District Appellant Calleguas Municipal Water District, in case 21-56276 Attorney(s) Eric R. Havian for party(s) Appellee Palmdale Water District Appellee John Hendrix Appellee South Tahoe Public Utility District Appellee State of Nevada Appellee The Commonwealth of Virginia Appellee Calleguas Municipal Water District, in case 21-56288. [12307715] [21-56276, 21-56288] (RR) [Entered: 12/06/2021 11:15 PM] |
| Filing 3 Filed (ECF) notice of appearance of Eric Ross Havian (Constantine Cannon LLP, 150 California Street, 16th Floor, San Francisco, CA 94111) for Appellants Calleguas Municipal Water District, John Hendrix, Palmdale Water District and South Tahoe Public Utility District in 21-56276, Appellees State of Nevada, The Commonwealth of Virginia, Calleguas Municipal Water District, John Hendrix, Palmdale Water District and South Tahoe Public Utility District in 21-56288. Date of service: 12/06/2021. (Party was previously proceeding with counsel.) [12307419] [21-56276, 21-56288] (Havian, Eric) [Entered: 12/06/2021 04:11 PM] |
| Filing 2 Filed (ECF) Appellee J-M Manufacturing Company, Inc. in 21-56276, Appellant J-M Manufacturing Company, Inc. in 21-56288 Mediation Questionnaire. Date of service: 12/06/2021. [12306747] [21-56276, 21-56288] (Bernick, David) [Entered: 12/06/2021 01:06 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant J-M Manufacturing Company, Inc. Mediation Questionnaire due on 12/06/2021. First cross appeal brief due 02/28/2022 for Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District, State of Nevada and The Commonwealth of Virginia. Second brief on cross appeal due 03/30/2022 for J-M Manufacturing Company, Inc.. Third brief on cross appeal due 04/29/2022 for Calleguas Municipal Water District, John Hendrix, Palmdale Water District, South Tahoe Public Utility District, State of Nevada and The Commonwealth of Virginia. Optional cross appeal reply brief is due within 21 days of service of third brief on cross appeal. [12299651] [21-56288, 21-56276] (JBS) [Entered: 11/29/2021 12:16 PM] |
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