Amalgamated Bank, et al v. Facebook, Inc., et al
| In re: FACEBOOK, INC. SECURITIES LITIGATION |
| AMALGAMATED BANK, Lead Plaintiff, PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF MISSISSIPPI and JAMES KACOURIS, individually and on behalf of all others similary situated |
| FACEBOOK, INC., MARK ZUCKERBERG, SHERYL SANDBERG and DAVID M. WEHNER |
| 22-15077 |
| January 19, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Securities, Commodities, Exchange |
Opinions
We have the following opinions for this case:
| Description |
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 AMALGAMATED BANK, ET AL V. FACEBOOK, INC., ET AL
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AMALGAMATED BANK V. FACEBOOK, INC.
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Docket Report
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This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 ARGUED AND SUBMITTED TO M. MARGARET MCKEOWN, JAY S. BYBEE and PATRICK J. BUMATAY. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12648815] (EHC) [Entered: 02/08/2023 10:30 AM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice by Attorney Tom Goldstein for Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. Hearing in San Francisco on 02/08/2023 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: 01/10/2023. [12626590] [22-15077] (Goldstein, Tom) [Entered: 01/10/2023 07:08 AM] |
| Filing 46 Added Attorney(s) Tom Goldstein for party(s) Appellant James Kacouris, Appellant Amalgamated Bank and Appellant Public Employees' Retirement System of Mississippi, in case 22-15077. [12626151] (QDL) [Entered: 01/09/2023 02:26 PM] |
| Filing 45 Filed (ECF) notice of appearance of Thomas Che Goldstein (Goldstein & Russell, PC 7475 Wisconsin Avenue Suite 850 Bethesda, MD 20814) for Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. Date of service: 01/09/2023. (Party was previously proceeding with counsel.) [12626004] [22-15077] (Goldstein, Tom) [Entered: 01/09/2023 01:29 PM] |
| Filing 44 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Joshua Seth Lipshutz, Esquire for Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg. Hearing in San Francisco on 02/08/2023 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: 11/28/2022. [12596636] [22-15077] (Lipshutz, Joshua) [Entered: 11/28/2022 11:25 AM] |
| Filing 43 Notice of Oral Argument on Wednesday, February 8, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco 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. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. 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, February 8, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12596111]. [22-15077] (KS) [Entered: 11/27/2022 06:11 AM] |
| Filing 42 Filed (ECF) Attorney Mr. Joshua Seth Lipshutz, Esquire for Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg response to notice for case being considered for oral argument. Date of service: 10/20/2022. [12568512] [22-15077] (Lipshutz, Joshua) [Entered: 10/20/2022 09:33 AM] |
| Filing 41 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for February 2023 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).[12568217]. [22-15077] (KS) [Entered: 10/19/2022 04:31 PM] |
| Filing 40 Received 6 paper copies of Reply Brief [ # 38 ] filed by James Kacouris and Public Employees' Retirement System of Mississippi. [12564878] (NAR) [Entered: 10/17/2022 11:45 AM] |
| Filing 39 Filed clerk order: The reply brief [ # 38 ] submitted by James Kacouris and Public Employees' Retirement System of Mississippi 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. [12561684] (KWG) [Entered: 10/12/2022 03:13 PM] |
| Filing 38 Submitted (ECF) Reply Brief for review. Submitted by Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. Date of service: 10/12/2022. [12561258] [22-15077] (Russell, Kevin) [Entered: 10/12/2022 11:45 AM] |
| Filing 37 Filed (ECF) Attorney Kevin Russell for Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi response to notice for case being considered for oral argument. Date of service: 09/26/2022. [12548727] [22-15077] (Russell, Kevin) [Entered: 09/26/2022 07:11 AM] |
| Filing 36 Filed (ECF) Attorney Mr. Joshua Seth Lipshutz, Esquire for Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg response to notice for case being considered for oral argument. Date of service: 09/22/2022. [12546998] [22-15077] (Lipshutz, Joshua) [Entered: 09/22/2022 02:15 PM] |
| Filing 35 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for January 2023 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).[12545503]. [22-15077] (KS) [Entered: 09/21/2022 10:51 AM] |
| Filing 34 Streamlined request [33] by Appellants Amalgamated Bank and Public Employees' Retirement System of Mississippi to extend time to file the brief is approved for all Appellants. Amended briefing schedule: the optional reply brief is due10/12/2022. [12527620] (JN) [Entered: 08/26/2022 03:10 PM] |
| Filing 33 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. New requested due date is 10/12/2022. [12527421] [22-15077] (Russell, Kevin) [Entered: 08/26/2022 02:03 PM] |
| Filing 32 Filed (ECF) Attorney Mr. Joshua Seth Lipshutz, Esquire for Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg response to notice for case being considered for oral argument. Date of service: 08/25/2022. [12526061] [22-15077] (Lipshutz, Joshua) [Entered: 08/25/2022 09:49 AM] |
| Filing 31 Received 3 paper copies of supplemental excerpts of record [ # 27 ] in 2 volume(s) and index volume filed by Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg. [12525734] (NAR) [Entered: 08/24/2022 04:06 PM] |
| Filing 30 Received 6 paper copies of Answering Brief [ # 26 ] filed by Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg. [12525730] (NAR) [Entered: 08/24/2022 04:05 PM] |
| Filing 29 This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 5-9, 2022 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). [12525438] (CSR) [Entered: 08/24/2022 02:10 PM] |
| Filing 28 Filed clerk order: The answering brief [ # 26 ] submitted by Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg 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 [ # 27 ] submitted by Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg 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. [12523495] (KWG) [Entered: 08/23/2022 08:39 AM] |
| Filing 27 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg. Date of service: 08/22/2022. [12523321] [22-15077] (Lutz, Brian) [Entered: 08/22/2022 05:07 PM] |
| Filing 26 Submitted (ECF) Answering Brief for review. Submitted by Appellees Facebook, Inc., Mark Zuckerberg, Sheryl Sandberg and David M. Wehner. Date of service: 08/22/2022. [12523312] [22-15077] (Lutz, Brian) [Entered: 08/22/2022 04:58 PM] |
| Filing 25 Added Attorney(s) Katherine Moran Meeks, Trenton James Van Oss for party(s) Appellee David M. Wehner, Appellee Sheryl Sandberg, Appellee Mark Zuckerberg and Appellee Facebook, Inc., in case 22-15077. [12496143] (QDL) [Entered: 07/18/2022 01:11 PM] |
| Filing 24 Filed (ECF) notice of appearance of Trenton James Van Oss (Gibson, Dunn & Crutcher LLP, 1050 Connecticut Avenue, N.W., Washington, DC 20036) for Appellees Facebook, Inc., Mark Zuckerberg, Sheryl Sandberg and David M. Wehner. Date of service: 07/18/2022. (Party was previously proceeding with counsel.) [12496133] [22-15077] (Van Oss, Trenton) [Entered: 07/18/2022 01:07 PM] |
| Filing 23 Filed (ECF) notice of appearance of Katherine Moran Meeks (Gibson, Dunn & Crutcher LLP, 1050 Connecticut Avenue NW, Washington, DC 20036) for Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg. Date of service: 07/18/2022. (Party was previously proceeding with counsel.) [12496123] [22-15077] (Meeks, Katherine) [Entered: 07/18/2022 01:02 PM] |
| Filing 22 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 21 ]) for an extension of time to file the answering brief is granted. The answering brief is due August 22, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12494845] (RY) [Entered: 07/15/2022 12:02 PM] |
| Filing 21 Filed (ECF) Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg Unopposed Motion to extend time to file Answering brief until 08/22/2022. Date of service: 07/13/2022. [12493224] [22-15077] (Lutz, Brian) [Entered: 07/13/2022 03:54 PM] |
| Filing 20 Streamlined request [19] by Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg to extend time to file the brief is approved. Amended briefing schedule: Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg answering brief due 07/22/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12471189] (JN) [Entered: 06/14/2022 04:16 PM] |
| Filing 19 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg. New requested due date is 07/22/2022. [12471158] [22-15077] (Lutz, Brian) [Entered: 06/14/2022 04:01 PM] |
| Filing 18 Received 3 paper copies of excerpts of record [ # 15 ] in 3 volume(s) and index volume filed by Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. [12459993] (NAR) [Entered: 05/31/2022 02:33 PM] |
| Filing 17 Received 6 paper copies of Opening Brief [ # 14 ] filed by Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. [12459986] (NAR) [Entered: 05/31/2022 02:30 PM] |
| Filing 16 Filed clerk order: The opening brief [ # 14 ] submitted by Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi 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 [ # 15 ] submitted by Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi 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. [12454815] (KWG) [Entered: 05/24/2022 11:11 AM] |
| Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. Date of service: 05/23/2022. [12453967] [22-15077] (Russell, Kevin) [Entered: 05/23/2022 02:13 PM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. Date of service: 05/23/2022. [12453939] [22-15077] (Russell, Kevin) [Entered: 05/23/2022 02:01 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 11 ]) for an extension of time to file the opening brief is granted. The opening brief is due May 23, 2022. The answering brief is due June 22, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12423202] (RY) [Entered: 04/15/2022 04:11 PM] |
| Filing 12 Added Attorney(s) Kathleen Foley for party(s) Appellant James Kacouris, Appellant Amalgamated Bank and Appellant Public Employees' Retirement System of Mississippi, in case 22-15077. [12417330] (QDL) [Entered: 04/11/2022 12:53 PM] |
| Filing 11 Filed (ECF) Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi Unopposed Motion to extend time to file Opening brief until 05/23/2022. Date of service: 04/11/2022. [12417312] [22-15077]--[COURT UPDATE: Updated docket text to reflect content of filing. 04/11/2022 by SLM] (Russell, Kevin) [Entered: 04/11/2022 12:34 PM] |
| Filing 10 Filed (ECF) notice of appearance of Kathleen Foley (Goldstein & Russell, P.C., 7475 Wisconsin Ave., Ste 850, Bethesda, MD 20814) for Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. Date of service: 04/11/2022. (Party was previously proceeding with counsel.) [12417304] [22-15077] (Foley, Kathleen) [Entered: 04/11/2022 12:27 PM] |
| Filing 9 Added Attorney(s) Kevin Russell for party(s) Appellant James Kacouris, Appellant Amalgamated Bank and Appellant Public Employees' Retirement System of Mississippi, in case 22-15077. [12415011] (QDL) [Entered: 04/07/2022 01:29 PM] |
| Filing 8 Filed (ECF) notice of appearance of Kevin Kendrick Russell (GOLDSTEIN & RUSSELL, P.C. 7475 Wisconsin Avenue Suite 850 Bethesda, MD 20814) for Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi. Date of service: 04/07/2022. (Party was previously proceeding with counsel.) [12414937] [22-15077] (Russell, Kevin) [Entered: 04/07/2022 12:24 PM] |
| Filing 7 Streamlined request [6] by Appellant Amalgamated Bank to extend time to file the brief is approved for all Appellants. Amended briefing schedule: Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi opening brief due 04/22/2022. Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg answering brief due 05/23/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12390795] (JN) [Entered: 03/09/2022 03:08 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Amalgamated Bank. New requested due date is 04/22/2022. [12390632] [22-15077] (Daley, Joseph) [Entered: 03/09/2022 02:04 PM] |
| Filing 5 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12370505] (VS) [Entered: 02/15/2022 09:59 AM] |
| Filing 4 MEDIATION ORDER FILED: By 02/09/2022, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12352102] (VS) [Entered: 01/26/2022 01:53 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 01/25/2022. 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.[12350469]. [22-15077] (AD) [Entered: 01/25/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellants Public Employees' Retirement System of Mississippi and Amalgamated Bank Mediation Questionnaire. Date of service: 01/25/2022. [12349896] [22-15077] (Browne, John) [Entered: 01/25/2022 09:20 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi Mediation Questionnaire due on 01/26/2022. Appellants Amalgamated Bank, James Kacouris and Public Employees' Retirement System of Mississippi opening brief due 03/23/2022. Appellees Facebook, Inc., Sheryl Sandberg, David M. Wehner and Mark Zuckerberg answering brief due 04/25/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12344774] (RT) [Entered: 01/19/2022 01:55 PM] |
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