Adrienne Sepaniak King, et al v. Facebook, Inc.
| ADRIENNE SEPANIAK KING and CHRISTOPHER EDWARD SEPANIAK KING |
| FACEBOOK, INC., a Delaware corporation |
| 22-15602 |
| April 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Opinions
We have the following opinions for this case:
| Description |
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| ADRIENNE SEPANIAK KING, ET AL V. FACEBOOK, INC. |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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Filing 41
MANDATE ISSUED.(CMC, BSB and DAB) [12796268] (NAC) [Entered: 09/21/2023 07:47 AM]
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Filing 40
Filed order (CONSUELO M. CALLAHAN, BRIDGET S. BADE and DANIEL A. BRESS): The panel unanimously votes to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote. Appellants petition for rehearing en banc, filed on August 20, 2023, is DENIED. [12791348] (AF) [Entered: 09/13/2023 09:57 AM]
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Filing 39
Filed (ECF) Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King petition for rehearing en banc (from 08/18/2023 memorandum). Date of service: 08/20/2023. [12777402] [22-15602] (King, Samuel) [Entered: 08/20/2023 03:45 PM]
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Filing 38
FILED MEMORANDUM DISPOSITION (CONSUELO M. CALLAHAN, BRIDGET S. BADE and DANIEL A. BRESS) Appellants motion for initial en banc review of this case is DENIED without prejudice to appellants seeking en banc review in the normal course. AFFIRMED. FILED AND ENTERED JUDGMENT. [12776703] (AH) [Entered: 08/18/2023 09:51 AM]
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Filing 37
SUBMITTED ON THE BRIEFS TO CONSUELO M. CALLAHAN, BRIDGET S. BADE and DANIEL A. BRESS. [12775408] (ER) [Entered: 08/16/2023 02:23 PM]
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Filing 36
Filed clerk order (Deputy Clerk: MCD): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. This case is ordered submitted on the briefs and record without oral argument on Wednesday, August 16, 2023. Fed. R. App. P. 34(a)(2). [12762135] (AF) [Entered: 07/25/2023 05:14 PM]
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Filing 35
Filed (ECF) Acknowledgment of hearing notice by Attorney Abigail Colella for Appellee Facebook, Inc.. Hearing in San Francisco on 08/16/2023 at 9:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/14/2023. [12735875] [22-15602] (Colella, Abigail) [Entered: 06/14/2023 01:53 PM]
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Filing 34
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Samuel P. King, Jr. for Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King. Hearing in San Francisco on 08/16/2023 at 9:00 am (Courtroom: Courtroom No. 1, San Francisco). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/05/2023. [12728579] [22-15602] (King, Samuel) [Entered: 06/05/2023 12:05 PM]
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Filing 33
Notice of Oral Argument on Wednesday, August 16, 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, August 16, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12728179]. [22-15602] (KS) [Entered: 06/04/2023 06:10 AM]
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Filing 32
Filed (ECF) Attorney Mr. Samuel P. King, Jr. for Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King response to notice for case being considered for oral argument. Date of service: 05/04/2023. [12709440] [22-15602] (King, Samuel) [Entered: 05/04/2023 06:00 PM]
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Filing 31
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for August 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).[12709295]. [22-15602] (KS) [Entered: 05/04/2023 03:41 PM]
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Filing 30
Filed (ECF) Attorney Mr. Samuel P. King, Jr. for Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King response to notice for case being considered for oral argument. Date of service: 02/24/2023. [12660986] [22-15602] (King, Samuel) [Entered: 02/24/2023 12:53 PM]
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Filing 29
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for June 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).[12660768]. [22-15602] (KS) [Entered: 02/24/2023 10:51 AM]
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Filing 28
Filed (ECF) Attorney Mr. Samuel P. King, Jr. for Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King response to notice for case being considered for oral argument. Date of service: 01/24/2023. [12637618] [22-15602] (King, Samuel) [Entered: 01/24/2023 03:38 PM]
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Filing 27
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for May 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).[12637509]. [22-15602] (KS) [Entered: 01/24/2023 02:51 PM]
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Filing 26
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for April 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).[12609083]. [22-15602] (KS) [Entered: 12/13/2022 10:21 AM]
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Filing 25
Received 6 paper copies of Answering Brief [ # 21 ] filed by Facebook, Inc.. [12589953] (SD) [Entered: 11/17/2022 11:44 AM]
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Filing 24
Received 3 paper copies of supplemental excerpts of record [ # 22 ] in 1 volume(s) filed by Appellee Facebook, Inc.. [12589945] (SD) [Entered: 11/17/2022 11:42 AM]
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Filing 23
Filed clerk order: The answering brief [ # 21 ] submitted by Facebook, 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 supplemental excerpts of record [ # 22 ] submitted by Facebook, 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. [12587061] (LA) [Entered: 11/14/2022 06:16 PM]
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Filing 22
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Facebook, Inc.. Date of service: 11/14/2022. [12586731] [22-15602] (Colella, Abigail) [Entered: 11/14/2022 03:45 PM]
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Filing 21
Submitted (ECF) Answering Brief for review. Submitted by Appellee Facebook, Inc.. Date of service: 11/14/2022. [12586729] [22-15602] (Colella, Abigail) [Entered: 11/14/2022 03:44 PM]
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Filing 20
Streamlined request [17] by Appellee Facebook, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellee Facebook, Inc. answering brief due 11/14/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12545840] (DLM) [Entered: 09/21/2022 02:02 PM]
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Filing 19
Received 3 paper copies of excerpts of record [ # 12 ] in 2 volume(s) and index volume filed by Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King. [12545610] (SD) [Entered: 09/21/2022 12:01 PM]
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Filing 18
Received 6 paper copies of Opening Brief [ # 11 ] filed by Adrienne Sepaniak King and Christopher Edward Sepaniak King. [12545605] (SD) [Entered: 09/21/2022 11:59 AM]
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Filing 17
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Facebook, Inc.. New requested due date is 11/14/2022. [12545232] [22-15602] (Shumsky, Eric) [Entered: 09/21/2022 07:16 AM]
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Filing 16
Filed clerk order: The opening brief [ # 11 ] submitted by Adrienne Sepaniak King and Christopher Edward Sepaniak King 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 [ # 12 ] submitted by Adrienne Sepaniak King and Christopher Edward Sepaniak King 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. [12540362] (LA) [Entered: 09/14/2022 02:45 PM]
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Filing 15
Filed clerk order (Deputy Clerk: SSR): Appellants motion (Docket Entry No. [ # 13 ]) to file a late opening brief is granted. The Clerk will file the opening brief submitted at Docket Entry No. [ # 11 ]. The answering brief is now due October 14, 2022. The optional reply brief is due within 21 days after service of the answering brief. Appellants petition (Docket Entry No. [ # 14 ]) that the appeal be heard initially en banc is referred to the panel that will consider the merits of this case. [12540173] (ABT) [Entered: 09/14/2022 01:15 PM]
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Filing 14
Filed (ECF) Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King Motion for miscellaneous relief [to file initial en banc petition]. Date of service: 08/22/2022. [12523390] [22-15602] --[COURT UPDATE: Updated docket text to reflect content of filing. 08/23/2022 by TYL] (King, Samuel) [Entered: 08/22/2022 08:51 PM]
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Filing 13
Filed (ECF) Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King Motion to file a late brief. Date of service: 08/22/2022. [12523389] [22-15602] (King, Samuel) [Entered: 08/22/2022 08:46 PM]
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Filing 12
Submitted (ECF) excerpts of record. Submitted by Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King. Date of service: 08/21/2022. [12521937] [22-15602]--[COURT UPDATE: Attached corrected excerpts. 08/23/2022 by LA] (King, Samuel) [Entered: 08/21/2022 06:08 PM]
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Filing 11
Submitted (ECF) Opening Brief for review. Submitted by Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King. Date of service: 08/21/2022. [12521936] [22-15602]--[COURT UPDATE: Attached corrected brief. 08/23/2022 by LA] (King, Samuel) [Entered: 08/21/2022 05:40 PM]
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Filing 10
The Mediation Questionnaire for this case was filed on 05/02/2022. 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.[12436475]. [22-15602] (AD) [Entered: 05/02/2022 06:44 PM]
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Filing 9
Added Attorney(s) Abigail Colella for party(s) Appellee Facebook, Inc., in case 22-15602. [12436129] (DJV) [Entered: 05/02/2022 02:17 PM]
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Filing 8
Filed (ECF) notice of appearance of Abigail Colella (Orrick, Herrington & Sutcliffe LLP 1152 15th Street NW, Washington DC 20005) for Appellee Facebook, Inc.. Date of service: 05/02/2022. (Party was previously proceeding with counsel.) [12436118] [22-15602] (Colella, Abigail) [Entered: 05/02/2022 02:12 PM]
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Filing 7
Filed (ECF) Appellee Facebook, Inc. Mediation Questionnaire. Date of service: 05/02/2022. [12436112] [22-15602] (Shumsky, Eric) [Entered: 05/02/2022 02:07 PM]
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Filing 6
Added Attorney(s) Eric Shumsky for party(s) Appellee Facebook, Inc., in case 22-15602. [12436100] (DJV) [Entered: 05/02/2022 02:01 PM]
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Filing 5
Filed (ECF) notice of appearance of Eric A. Shumsky (Orrick, Herrington & Sutcliffe LLP 1152 15th Street NW, Washington, DC 20005) for Appellee Facebook, Inc.. Date of service: 05/02/2022. (Party was previously proceeding with counsel.) [12436094] [22-15602] (Shumsky, Eric) [Entered: 05/02/2022 01:56 PM]
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Filing 4
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12431528] (VS) [Entered: 04/26/2022 02:24 PM]
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Filing 3
The Mediation Questionnaire for this case was filed on 04/25/2022. 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.[12430654]. [22-15602] (AD) [Entered: 04/25/2022 06:44 PM]
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Filing 2
Filed (ECF) Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King Mediation Questionnaire. Date of service: 04/25/2022. [12430644] [22-15602] (King, Samuel) [Entered: 04/25/2022 06:23 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King Mediation Questionnaire due on 05/02/2022. Transcript ordered by 05/24/2022. Transcript due 06/23/2022. Appellants Adrienne Sepaniak King and Christopher Edward Sepaniak King opening brief due 08/02/2022. Appellee Facebook, Inc. answering brief due 09/01/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12430480] (JBS) [Entered: 04/25/2022 03:53 PM]
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