Steven Prescott, et al v. Nestle USA, Inc.
| STEVEN PRESCOTT and LINDA CHESLOW, individually and on behalf of all others similarly situated |
| NESTLE USA, INC. |
| 22-15706 |
| May 10, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Injury |
Opinions
We have the following opinions for this case:
| Description |
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| STEVEN PRESCOTT, ET AL V. NESTLE USA, INC. |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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Filing 53
Filed text clerk order (Deputy Clerk: MCD): Appellee's motion (Dkt. [ # 52 ]) to extend time to file petition for rehearing until October 2, 2023, is granted. [12779916] (AF) [Entered: 08/23/2023 04:17 PM]
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Filing 52
Filed (ECF) Appellee Nestle USA, Inc. Unopposed Motion to extend time to file petition for rehearing until 10/02/2023. Date of service: 08/23/2023. [12779323] [22-15706] (Giali, Dale) [Entered: 08/23/2023 09:32 AM]
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Filing 51
Filed clerk order (Deputy Clerk: MCD): At the direction of the Court, the parties shall bear their own costs. [12777512] (AH) [Entered: 08/21/2023 10:09 AM]
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Filing 50
FILED MEMORANDUM DISPOSITION (CONSUELO M. CALLAHAN, BRIDGET S. BADE and JOHN ANTOON, II) VACATED AND REMANDED for further proceedings consistent with this memorandum disposition. FILED AND ENTERED JUDGMENT. [12777511] (AH) [Entered: 08/21/2023 10:08 AM]
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Filing 49
SUBMITTED ON THE BRIEFS TO CONSUELO M. CALLAHAN, BRIDGET S. BADE and JOHN ANTOON, II. [12775899] (WWP) [Entered: 08/17/2023 09:56 AM]
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Filing 48
Filed (ECF) Appellants Linda Cheslow and Steven Prescott citation of supplemental authorities. Date of service: 08/14/2023. [12773349] [22-15706] (Danas, Glenn) [Entered: 08/14/2023 10:57 AM]
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Filing 47
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 shall be submitted on the briefs and record, without oral argument, on Tuesday, August 15, 2023, in San Francisco, California. Fed. R. App. P. 34(a)(2). [12765982] (WL) [Entered: 08/01/2023 01:44 PM]
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Filing 46
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Glenn A. Danas, Esquire for Appellants Linda Cheslow and Steven Prescott. Hearing in San Francisco on 08/15/2023 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 in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/07/2023. [12751108] [22-15706] (Danas, Glenn) [Entered: 07/07/2023 05:45 PM]
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Filing 45
Filed (ECF) Appellants Steven Prescott and Linda Cheslow citation of supplemental authorities. Date of service: 07/07/2023. [12751100] [22-15706] (Danas, Glenn) [Entered: 07/07/2023 05:34 PM]
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Filing 44
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Dale Joseph Giali for Appellee Nestle USA, Inc.. Hearing in San Francisco on 08/15/2023 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 in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/06/2023. [12750048] [22-15706] (Giali, Dale) [Entered: 07/06/2023 03:22 PM]
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Filing 43
Filed (ECF) Appellee Nestle USA, Inc. citation of supplemental authorities. Date of service: 06/29/2023. [12745856] [22-15706] (Giali, Dale) [Entered: 06/29/2023 01:31 PM]
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Filing 42
Notice of Oral Argument on Tuesday, August 15, 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 Tuesday, August 15, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12728175]. [22-15706] (KS) [Entered: 06/04/2023 06:10 AM]
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Filing 41
Filed (ECF) Attorney Mr. Glenn A. Danas, Esquire for Appellants Linda Cheslow and Steven Prescott response to notice for case being considered for oral argument. Date of service: 05/09/2023. [12712625] [22-15706] (Danas, Glenn) [Entered: 05/09/2023 04:57 PM]
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Filing 40
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).[12709297]. [22-15706] (KS) [Entered: 05/04/2023 03:41 PM]
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Filing 39
Received 3 paper copies of further excerpts of record [ # 35 ] in 1 volume(s) and index volume filed by Linda Cheslow and Steven Prescott. [12675428] (NAR) [Entered: 03/16/2023 11:39 AM]
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Filing 38
Received 6 paper copies of Reply Brief [ # 34 ] filed by Linda Cheslow and Steven Prescott. [12675425] (NAR) [Entered: 03/16/2023 11:39 AM]
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Filing 37
Filed clerk order (Deputy Clerk: WL): Plaintiffs-Appellants Motion to Continue Oral Argument Date (dkt. # [ # 31 ]) is GRANTED. This case is returned to the Clerks office for assignment to a new oral argument calendar. [12672202] (WL) [Entered: 03/13/2023 08:20 AM]
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Filing 36
Filed clerk order: The reply brief [ # 34 ] submitted by Linda Cheslow and Steven Prescott 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 further excerpts of record [ # 35 ] submitted by Linda Cheslow and Steven Prescott 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. [12671210] (SML) [Entered: 03/10/2023 08:53 AM]
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Filing 35
Submitted (ECF) further excerpts of record. Submitted by Appellants Linda Cheslow and Steven Prescott. Date of service: 03/09/2023. [12671152] [22-15706]--[COURT UPDATE: Attached separated PDF files of the excerpts. 03/10/2023 by SML] (Danas, Glenn) [Entered: 03/09/2023 10:50 PM]
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Filing 34
Submitted (ECF) Reply Brief for review. Submitted by Appellants Linda Cheslow and Steven Prescott. Date of service: 03/09/2023. [12671151] [22-15706] (Danas, Glenn) [Entered: 03/09/2023 10:47 PM]
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Filing 33
Added Attorney(s) Katelyn Leeviraphan for party(s) Appellant Steven Prescott Appellant Linda Cheslow, in case 22-15706. [12670729] (NAC) [Entered: 03/09/2023 01:42 PM]
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Filing 32
Filed (ECF) notice of appearance of Katelyn Leeviraphan (Clarkson Law Firm, P.C., 22525 Pacific Coast Highway, Malibu, CA 90265) for Appellants Linda Cheslow and Steven Prescott. Date of service: 03/09/2023. (Party was previously proceeding with counsel.) [12670722] [22-15706] (Leeviraphan, Katelyn) [Entered: 03/09/2023 01:37 PM]
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Filing 31
Filed (ECF) Appellants Steven Prescott and Linda Cheslow Unopposed Motion to reschedule oral argument. Date of service: 03/03/2023. [12667224] [22-15706] (Danas, Glenn) [Entered: 03/03/2023 04:55 PM]
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Filing 30
Notice of Oral Argument on Wednesday, May 10, 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, May 10, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12661652]. [22-15706] (KS) [Entered: 02/26/2023 06:09 AM]
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Filing 29
Filed (ECF) Attorney Mr. Glenn A. Danas, Esquire for Appellants Linda Cheslow and Steven Prescott response to notice for case being considered for oral argument. Date of service: 01/24/2023. [12637594] [22-15706] (Danas, Glenn) [Entered: 01/24/2023 03:26 PM]
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Filing 28
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).[12637510]. [22-15706] (KS) [Entered: 01/24/2023 02:51 PM]
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Filing 27
Received 7 paper copies of Answering Brief [ # 23 ] filed by Nestle USA, Inc.. [12634901] (SD) [Entered: 01/20/2023 01:22 PM]
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Filing 26
Filed clerk order: The answering brief [ # 23 ] submitted by Nestle USA, 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. [12633379] (LA) [Entered: 01/18/2023 05:22 PM]
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Filing 25
Streamlined request [24] by Appellants Linda Cheslow and Steven Prescott to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 03/09/2023. [12632802] (DLM) [Entered: 01/18/2023 12:11 PM]
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Filing 24
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Linda Cheslow and Steven Prescott. New requested due date is 03/09/2023. [12632697] [22-15706] (Danas, Glenn) [Entered: 01/18/2023 11:30 AM]
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Filing 23
Submitted (ECF) Answering Brief for review. Submitted by Appellee Nestle USA, Inc.. Date of service: 01/17/2023. [12631581] [22-15706] (Giali, Dale) [Entered: 01/17/2023 12:28 PM]
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Filing 22
Filed clerk order (Deputy Clerk: TAH): The appellees unopposed motion (Docket Entry No. [ # 21 ]) for an extension of time to file the answering brief is granted. The answering brief is due January 17, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12592650] (ABT) [Entered: 11/21/2022 01:28 PM]
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Filing 21
Filed (ECF) Appellee Nestle USA, Inc. Motion to extend time to file Answering brief until 01/17/2023. Date of service: 10/17/2022. [12585501] [22-15706] (Giali, Dale) [Entered: 11/11/2022 12:02 PM]
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Filing 20
Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 19 ] (ECF Filing) filed by Appellee Nestle USA, Inc.; Appellee Nestle USA, Inc. answering brief due 12/16/2022. The optional reply brief is due 21 days after service of the answering brief. [12566921] (GS) [Entered: 10/18/2022 04:54 PM]
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Filing 19
Filed (ECF) Appellee Nestle USA, Inc. Motion to extend time to file Answering brief until 12/16/2022. Date of service: 10/17/2022. [12565697] [22-15706] (Giali, Dale) [Entered: 10/17/2022 05:00 PM]
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Filing 18
Streamlined request [17] by Appellee Nestle USA, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellee Nestle USA, Inc. answering brief due 11/10/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12545813] (DLM) [Entered: 09/21/2022 01:54 PM]
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Filing 17
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Nestle USA, Inc.. New requested due date is 11/10/2022. [12545177] [22-15706] (Borders, Keri) [Entered: 09/20/2022 07:22 PM]
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Filing 16
Received 4 paper copies of excerpts of record [ # 13 ] in 3 volume(s) and index volume filed by Linda Cheslow and Steven Prescott. [12543185] (NAR) [Entered: 09/19/2022 11:00 AM]
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Filing 15
Received 7 paper copies of Opening Brief [ # 12 ] filed by Linda Cheslow and Steven Prescott. [12543181] (NAR) [Entered: 09/19/2022 10:58 AM]
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Filing 14
Filed clerk order: The opening brief [ # 12 ] submitted by Linda Cheslow and Steven Prescott 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 [ # 13 ] submitted by Linda Cheslow and Steven Prescott 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. [12538430] (JMR) [Entered: 09/12/2022 03:08 PM]
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Filing 13
Submitted (ECF) excerpts of record. Submitted by Appellants Linda Cheslow and Steven Prescott. Date of service: 09/09/2022. [12537489] [22-15706] (Danas, Glenn) [Entered: 09/09/2022 06:21 PM]
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Filing 12
Submitted (ECF) Opening Brief for review. Submitted by Appellants Linda Cheslow and Steven Prescott. Date of service: 09/09/2022. [12537486] [22-15706] (Danas, Glenn) [Entered: 09/09/2022 06:06 PM]
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Filing 11
Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 10 ] (ECF Filing) filed by Appellants Steven Prescott and Linda Cheslow; Appellants Linda Cheslow and Steven Prescott opening brief due 09/09/2022. Appellee Nestle USA, Inc. answering brief due 10/11/2022. The optional reply brief is due 21 days after service of the answering brief. [12522259] (GS) [Entered: 08/22/2022 10:00 AM]
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Filing 10
Filed (ECF) Appellants Linda Cheslow and Steven Prescott Unopposed Motion to extend time to file Opening brief until 09/09/2022. Date of service: 07/13/2022. [12492913] [22-15706] (Danas, Glenn) [Entered: 07/13/2022 12:59 PM]
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Filing 9
Streamlined request [8] by Appellants Linda Cheslow and Steven Prescott to extend time to file the brief is approved. Amended briefing schedule: Appellants Linda Cheslow and Steven Prescott opening brief due 08/04/2022. Appellee Nestle USA, Inc. answering brief due 09/06/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12479917] (DLM) [Entered: 06/24/2022 05:39 PM]
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Filing 8
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Linda Cheslow and Steven Prescott. New requested due date is 08/04/2022. [12479584] [22-15706] (Danas, Glenn) [Entered: 06/24/2022 02:12 PM]
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Filing 7
Added Attorney(s) Glenn A. Danas for party(s) Appellant Steven Prescott Appellant Linda Cheslow, in case 22-15706. [12475493] (DJV) [Entered: 06/21/2022 11:30 AM]
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Filing 6
Filed (ECF) notice of appearance of Glenn A. Danas (Clarkson Law Firm, P.C.; 22525 Pacific Coast Highway; Malibu, CA 90265) for Appellants Linda Cheslow and Steven Prescott. Date of service: 06/21/2022. (Party was previously proceeding with counsel.) [12475486] [22-15706] (Danas, Glenn) [Entered: 06/21/2022 11:28 AM]
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Filing 5
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. [12464875] (BLS) [Entered: 06/06/2022 08:46 PM]
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Filing 4
MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 06/03/2022, 09:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12453386] (VS) [Entered: 05/23/2022 09:13 AM]
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Filing 3
The Mediation Questionnaire for this case was filed on 05/13/2022. 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.[12447077]. [22-15706] (AD) [Entered: 05/13/2022 06:44 PM]
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Filing 2
Filed (ECF) Appellants Linda Cheslow and Steven Prescott Mediation Questionnaire. Date of service: 05/13/2022. [12446992] [22-15706] (Clarkson, Ryan) [Entered: 05/13/2022 04:44 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Linda Cheslow and Steven Prescott Mediation Questionnaire due on 05/17/2022. Appellants Linda Cheslow and Steven Prescott opening brief due 07/05/2022. Appellee Nestle USA, Inc. answering brief due 08/04/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12443015] (JBS) [Entered: 05/10/2022 01:41 PM]
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