Donald Wagda, et al v. AT&T Corp., et al
| UNITED STATES OF AMERICA, EX REL. DONALD WAGDA and UNITED STATES OF AMERICA, EX REL. DONALD CLOYCE WAGDA |
| STATE OF CALIFORNIA |
| AT&T CORP., AT&T MOBILITY, LLC, AT&T MOBILITY II LLC, AT&T SERVICES, INC., DIRECTV, LLC, NEW CINGULAR WIRELESS PCS, LLC and PACIFIC BELL TELEPHONE COMPANY |
| UNITED STATES OF AMERICA |
| 22-16173 |
| August 4, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - False Claims Act |
Opinions
We have the following opinions for this case:
| Description |
|---|
| DONALD WAGDA, ET AL V. AT&T CORP., ET AL |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 Received 7 paper copies of Reply Brief [ # 34 ] and 7 paper copies of the errata to the reply brief [ # 36 ] filed by Donald Cloyce Wagda. [12655800] (SD) [Entered: 02/17/2023 11:41 AM] |
| Filing 36 Filed (ECF) Errata to Reply Brief ([ # 34 ] Brief Submitted for Review (ECF Filing)). Filed by Appellant Donald Cloyce Wagda. Date of service: 02/13/2023. [12651331] [22-16173] (Wagda, Donald) [Entered: 02/13/2023 04:36 AM] |
| Filing 35 Filed clerk order: The reply brief [ # 34 ] submitted by Donald Cloyce Wagda 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: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [12649549] (SML) [Entered: 02/09/2023 08:29 AM] |
| Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellant Donald Cloyce Wagda. Date of service: 02/08/2023. [12649504] [22-16173] (Wagda, Donald) [Entered: 02/08/2023 11:58 PM] |
| Filing 33 Received 6 paper copies of Answering Brief [ # 28 ] filed by AT&T Corp., et al. [12637017] (SD) [Entered: 01/24/2023 11:02 AM] |
| Filing 32 Received 3 paper copies of supplemental excerpts of record [ # 29 ] in 1 volume(s) filed by Appellee AT&T Corp., et al. [12637004] (SD) [Entered: 01/24/2023 10:55 AM] |
| Filing 31 Filed clerk order: The answering brief [ # 28 ] submitted by AT&T Corp.; et al., 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 [ # 29 ] submitted by AT&T Corp.; et al., 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. [12634291] (SML) [Entered: 01/19/2023 04:06 PM] |
| Filing 30 Filed (ECF) Appellant Donald Cloyce Wagda Unopposed Motion for miscellaneous relief [Appellant's Unopposed Motion to Correct Caption]. Date of service: 01/19/2023. [12633427] [22-16173] (Wagda, Donald) [Entered: 01/19/2023 12:39 AM] |
| Filing 29 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees AT&T Corp., AT&T Mobility, LLC, AT&T Mobility II LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC and Pacific Bell Telephone Company. Date of service: 01/18/2023. [12633414] [22-16173] (Bohmholdt, Karin) [Entered: 01/18/2023 09:13 PM] |
| Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellees AT&T Corp., AT&T Mobility, LLC, AT&T Mobility II LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC and Pacific Bell Telephone Company. Date of service: 01/18/2023. [12633413] [22-16173] (Bohmholdt, Karin) [Entered: 01/18/2023 09:04 PM] |
| Filing 27 Received 3 paper copies of excerpts of record [ # 18 ] in 1 volume(s) filed by Donald Wagda. [12596841] (CPA) [Entered: 11/28/2022 12:42 PM] |
| Filing 26 Received 6 paper copies of Opening Brief [ # 17 ] filed by Donald Wagda. [12596811] (CPA) [Entered: 11/28/2022 12:22 PM] |
| Filing 25 Deleted Incorrect Entry. Entered in error. [12595939] (SML) [Entered: 11/25/2022 03:37 PM] |
| Filing 24 Filed (ECF) Errata to Opening Brief ([ # 17 ] Brief Submitted for Review (ECF Filing)). Filed by Appellant Donald Wagda. Date of service: 11/25/2022. [12595764] [22-16173] (Wagda, Donald) [Entered: 11/25/2022 12:09 PM] |
| Filing 23 Streamlined request [22] by Appellees AT&T Corp., AT&T Mobility II LLC, AT&T Mobility, LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC and Pacific Bell Telephone Company to extend time to file the brief is approved for al lAppellees. Amended briefing schedule: Appellees AT&T Corp., AT&T Mobility II LLC, AT&T Mobility, LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC, Pacific Bell Telephone Company and United States of America answering brief due 01/18/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12594529] (JN) [Entered: 11/22/2022 05:12 PM] |
| Filing 22 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees AT&T Corp., AT&T Mobility II LLC, AT&T Mobility, LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC and Pacific Bell Telephone Company. New requested due date is 01/18/2023. [12594031] [22-16173] (Shanks-Parkin, Hannah) [Entered: 11/22/2022 12:11 PM] |
| Filing 21 Filed (ECF) Errata to Opening Brief ([ # 17 ] Brief Submitted for Review (ECF Filing), [ # 20 ] Correspondence to Clerk (ECF Filing)). Filed by Appellant Donald Wagda. Date of service: 11/21/2022. [12593335] [22-16173] (Wagda, Donald) [Entered: 11/21/2022 05:31 PM] |
| Filing 20 Filed (ECF) Appellant Donald Wagda Correspondence: Notice of Constitutional Question. Notice to the Clerk of Court (per FRAP 44(b)) that Appellant's Opening Brief filed November 17, 2022 (Docket No. 17) questions the constitutionality of California's Unclaimed Property Law as applied re Federal property.. Date of service: 11/18/2022 [12591976] [22-16173] (Wagda, Donald) [Entered: 11/18/2022 11:38 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] submitted by Donald Wagda 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: not applicable. The excerpts of record [ # 18 ] submitted by Donald Wagda 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. [12590848] (SML) [Entered: 11/18/2022 08:58 AM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Donald Wagda. Date of service: 11/17/2022. [12590775] [22-16173] (Wagda, Donald) [Entered: 11/17/2022 11:59 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellant Donald Wagda. Date of service: 11/17/2022. [12590774] [22-16173] (Wagda, Donald) [Entered: 11/17/2022 11:57 PM] |
| Filing 16 Streamlined request [15] by Appellant Donald Wagda to extend time to file the brief is approved. Amended briefing schedule: Appellant Donald Wagda opening brief due 11/17/2022. Appellees AT&T Corp., AT&T Mobility II LLC, AT&T Mobility, LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC, Pacific Bell Telephone Company and United States of America answering brief due 12/19/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12567016] (JN) [Entered: 10/19/2022 08:09 AM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Donald Wagda. New requested due date is 11/17/2022. [12566969] [22-16173] (Wagda, Donald) [Entered: 10/18/2022 10:27 PM] |
| Filing 14 Filed order MEDIATION (JW): This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12560332] (ABT) [Entered: 10/11/2022 03:08 PM] |
| Filing 13 Filed order MEDIATION (BS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. As part of a pilot project, the Mediation Program is exploring settlement potential in some cases in which one party is proceeding pro se (representing themselves without the assistance of an attorney). This case is being included in the pilot project. The court has scheduled a dial-in telephone assessment conference at the date and time indicated above to explore settlement potential. Participants with an email address on the attached list will receive an email with dial-in information. If an email address is not listed or if there are any changes or additions to the list, please notify the Mediation Office at mediation@ca9.uscourts.gov. Participants may also leave a message at (415) 355-7900 to request dial-in information. Finally, please notify Circuit Mediator Jonathan Westen immediately by email (Jonathan_Westen@ca9.uscourts.gov) if a participant has an unavoidable scheduling conflict. Please copy all participants on any such communications. All emails should include the Ninth Circuit case name and number in the subject line. All written or spoken communication with the mediator, including the discussions during the scheduled conference, are strictly confidential mediation communications protected by Ninth Circuit Rule 33-1 and cannot be disclosed outside the mediation process. Additional information about confidentiality (including a copy of Ninth Circuit Rule 33-1), the assessment conference, and the Mediation Program are attached and can also be found at the Mediation Program website (www.ca9.uscourts.gov/mediation). The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due October 18, 2022; appellees' answering brief is due November 18, 2022; appellant's optional reply brief is due within 21 days from the service date of the answering brief. (SEE ORDER FOR FULL TEXT) [12553303] (WL) [Entered: 09/30/2022 10:56 AM] |
| Filing 12 Filed (ECF) Appellant Donald Wagda Correspondence: Appellant's Notice of Filing of Notice of Present Intent Not To Order Transcripts. Date of service: 09/06/2022 [12534072] [22-16173] (Wagda, Donald) [Entered: 09/06/2022 01:52 PM] |
| Filing 11 Filed order MEDIATION (JW):The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. As part of a pilot project, the Mediation Program is exploring settlement potential in some cases in which one party is proceeding pro se (representing themselves without the assistance of an attorney). This case is being included in that pilot project. By September 12, 2022, the parties are requested to inform the Circuit Mediator in writing whether the issues on appeal or in the underlying dispute might be appropriate for settlement discussions. The written response to this order and all future written or spoken communication with the mediator are strictly confidential mediation communications protected by Ninth Circuit Rule 33-1 and cannot be disclosed outside the mediation process. The written response to this order should not be filed with the court; instead, the response should be sent directly to the Circuit Mediator by email (Jonathan_Westen@ca9.uscourts.gov) or mail (Jonathan Westen, Circuit Mediation Office, U.S. Court of Appeals for the Ninth Circuit, James R. Browning United States Courthouse, P.O. Box 193939, San Francisco, CA 94119-3939). More detailed information about the Mediation Program and its procedures are included in the attachment to this order and on the Mediation Program web site (www.ca9.uscourts.gov/mediation). The existing briefing schedule remains in effect. [12523142] (JBS) [Entered: 08/22/2022 03:52 PM] |
| Filing 10 Added Attorney(s) Hannah Beth Shanks-Parkin for party(s) Appellee AT&T Mobility, LLC Appellee New Cingular Wireless PCS, LLC Appellee AT&T Services, Inc. Appellee Pacific Bell Telephone Company Appellee AT&T Corp. Appellee AT&T Mobility II LLC Appellee DIRECTV, LLC, in case 22-16173. [12513468] (QDL) [Entered: 08/09/2022 03:25 PM] |
| Filing 9 Filed (ECF) notice of appearance of Hannah B. Shanks-Parkin (Greenberg Traurig, LLP 1840 Century Park East, Suite 1900, Los Angeles, CA 90067) for Appellees AT&T Corp., AT&T Mobility II LLC, AT&T Mobility, LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC and Pacific Bell Telephone Company. Date of service: 08/09/2022. (Party was previously proceeding with counsel.) [12513429] [22-16173] (Shanks-Parkin, Hannah) [Entered: 08/09/2022 03:10 PM] |
| Filing 8 Added Attorney(s) Karin Bohmholdt for party(s) Appellee AT&T Mobility, LLC Appellee New Cingular Wireless PCS, LLC Appellee AT&T Services, Inc. Appellee Pacific Bell Telephone Company Appellee AT&T Corp. Appellee AT&T Mobility II LLC Appellee DIRECTV, LLC, in case 22-16173. [12513417] (QDL) [Entered: 08/09/2022 03:04 PM] |
| Filing 7 Filed (ECF) notice of appearance of Karin L. Bohmholdt (Greenberg Traurig, LLP 1840 Century Park East, Suite 1900, Los Angeles, CA 90067) for Appellees AT&T Corp., AT&T Mobility II LLC, AT&T Mobility, LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC and Pacific Bell Telephone Company. Date of service: 08/09/2022. (Party was previously proceeding with counsel.) [12513415] [22-16173] (Bohmholdt, Karin) [Entered: 08/09/2022 03:03 PM] |
| Filing 6 Added Attorney(s) Carolyn Fitzhugh McNiven for party(s) Appellee AT&T Mobility, LLC Appellee New Cingular Wireless PCS, LLC Appellee AT&T Services, Inc. Appellee Pacific Bell Telephone Company Appellee AT&T Corp. Appellee AT&T Mobility II LLC Appellee DIRECTV, LLC, in case 22-16173. [12513380] (QDL) [Entered: 08/09/2022 02:46 PM] |
| Filing 5 Filed (ECF) notice of appearance of Carolyn F. McNiven (Greenberg Traurig, LLP 101 Second Street, Suite 2200, San Francisco, CA 94105) for Appellees AT&T Corp., AT&T Mobility II LLC, AT&T Mobility, LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC and Pacific Bell Telephone Company. Date of service: 08/09/2022. (Party was previously proceeding with counsel.) [12513374] [22-16173] (McNiven, Carolyn) [Entered: 08/09/2022 02:45 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 08/08/2022. 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.[12512637]. [22-16173] (AD) [Entered: 08/09/2022 06:44 AM] |
| Filing 3 Filed (ECF) Appellant Donald Wagda Mediation Questionnaire. Date of service: 08/08/2022. [12512625] [22-16173] (Wagda, Donald) [Entered: 08/08/2022 11:49 PM] |
| Filing 2 Terminated Carolyn Fitzhugh McNiven for Pacific Bell Telephone Company, New Cingular Wireless PCS, LLC, DIRECTV, LLC, AT&T Services, Inc., AT&T Mobility, LLC, AT&T Mobility II LLC and AT&T Corp. in 22-16173 [12509850] (RT) [Entered: 08/04/2022 03:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Donald Wagda opening brief due 10/04/2022. Appellees AT&T Corp., AT&T Mobility II LLC, AT&T Mobility, LLC, AT&T Services, Inc., DIRECTV, LLC, New Cingular Wireless PCS, LLC, Pacific Bell Telephone Company and United States of America answering brief due 11/04/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12509840] (RT) [Entered: 08/04/2022 02:59 PM] |
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