Colleen Williams v. VibrantCare Rehabilitation, Inc.
| COLLEEN WILLIAMS |
| VIBRANTCARE REHABILITATION, INC. |
| 22-16424 |
| September 19, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Opinions
We have the following opinions for this case:
| Description |
|---|
| COLLEEN WILLIAMS V. VIBRANTCARE REHABILITATION, INC. |
Docket Report
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12590504] (BG) [Entered: 11/17/2022 03:27 PM] |
| Filing 33 ARGUED AND SUBMITTED TO KIM MCLANE WARDLAW, WILLIAM A. FLETCHER and EDWARD R. KORMAN. [12586228] (BG) [Entered: 11/14/2022 12:19 PM] |
| Filing 32 Received 3 paper copies of excerpts of record [ # 27 ] in 3 volume(s) and index volume filed by Appellee Colleen Williams. (sent to panel) [12574717] (KWG) [Entered: 10/27/2022 02:26 PM] |
| Filing 31 Received 6 paper copies of Answering Brief [ # 26 ] filed by Colleen Williams. (sent to panel) [12574711] (KWG) [Entered: 10/27/2022 02:25 PM] |
| Filing 30 Filed clerk order: The answering brief [ # 26 ] submitted by Colleen Williams is filed. Appellee 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, for delivery to the Court by 5:00 p.m. Pacific Time today, October 27, 2022. Cover color: red. The excerpts of record [ # 27 ] submitted by Colleen Williams are filed. Appellee is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. Pacific Time today, October 27, 2022. The paper copies shall be submitted to the principal office of the Clerk. [12574493] (LA) [Entered: 10/27/2022 12:33 PM] |
| Filing 29 Received 3 paper copies of excerpts of record [ # 24 ] in 1 volume(s) filed by Appellant VibrantCare Rehabilitation, Inc.. (sent to panel) [12574489] (KWG) [Entered: 10/27/2022 12:31 PM] |
| Filing 28 Received 6 paper copies of Opening Brief [ # 23 ] filed by VibrantCare Rehabilitation, Inc. (sent to panel) [12574487] (KWG) [Entered: 10/27/2022 12:30 PM] |
| Filing 27 Submitted (ECF) excerpts of record. Submitted by Appellee Colleen Williams. Date of service: 10/27/2022. [12574485] [22-16424] (Goldsmith, Eileen) [Entered: 10/27/2022 12:28 PM] |
| Filing 26 Submitted (ECF) Answering Brief for review. Submitted by Appellee Colleen Williams. Date of service: 10/27/2022. [12574481] [22-16424]--[COURT UPDATE: Updated docket text to correct brief type. 10/27/2022 by LA] (Goldsmith, Eileen) [Entered: 10/27/2022 12:24 PM] |
| Filing 25 Filed clerk order: The opening brief [ # 23 ] submitted by VibrantCare Rehabilitation, Inc. is filed. Appellant 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, for delivery to the Court by 5:00 p.m. Pacific Time today, October 27, 2022. Cover color: blue. The excerpts of record [ # 24 ] submitted by VibrantCare Rehabilitation, Inc. are filed. Appellant is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. Pacific Time today, October 27, 2022. The paper copies shall be submitted to the principal office of the Clerk. [12574479] (LA) [Entered: 10/27/2022 12:23 PM] |
| Filing 24 Submitted (ECF) excerpts of record. Submitted by Appellant VibrantCare Rehabilitation, Inc.. Date of service: 10/27/2022. [12574471] [22-16424] (Westbrook, Geoffrey) [Entered: 10/27/2022 12:18 PM] |
| Filing 23 Submitted (ECF) Opening Brief for review. Submitted by Appellant VibrantCare Rehabilitation, Inc.. Date of service: 10/27/2022. [12574468] [22-16424] (Westbrook, Geoffrey) [Entered: 10/27/2022 12:12 PM] |
| Filing 22 Added Attorney(s) Geoffrey C. Westbrook for party(s) Appellant VibrantCare Rehabilitation, Inc., in case 22-16424. (per counsel via email, counsel substituted out of case in error at DE 19) [12574458] (LA) [Entered: 10/27/2022 12:02 PM] |
| Filing 21 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Justin Curley, Esquire for Appellant VibrantCare Rehabilitation, Inc.. Hearing in Pasadena on 11/14/2022 at 09:30 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: 10/25/2022. [12572317] [22-16424] --[COURT UPDATE: Updated docket text to reflect correct hearing time. 10/25/2022 by TYL] (Curley, Justin) [Entered: 10/25/2022 10:54 AM] |
| Filing 20 Attorney Geoffrey C. Westbrook substituted by Attorney Justin Curley in 22-16424. [12571612] (HH) [Entered: 10/24/2022 02:26 PM] |
| Filing 19 Filed (ECF) notice of appearance of Justin T. Curley (Seyfarth Shaw LLP, 560 Mission Street, Suite 3100, San Francisco, CA 94105) for Appellant VibrantCare Rehabilitation, Inc.. Substitution for Attorney Mr. Geoffrey C. Westbrook for Appellant VibrantCare Rehabilitation, Inc.. Date of service: 10/24/2022. (Party was previously proceeding with counsel.) [12571533] [22-16424] (Curley, Justin) [Entered: 10/24/2022 01:50 PM] |
| Filing 18 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Geoffrey C. Westbrook for Appellant VibrantCare Rehabilitation, Inc.. Hearing in Pasadena on 11/14/2022 at 09:30 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: 10/17/2022. [12565147] [22-16424] (Westbrook, Geoffrey) [Entered: 10/17/2022 01:51 PM] |
| Filing 17 Filed (ECF) Acknowledgment of hearing notice by Attorney Eileen Goldsmith for Appellee Colleen Williams. Hearing in Pasadena on 11/14/2022 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. 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: 10/17/2022. [12565097] [22-16424] (Goldsmith, Eileen) [Entered: 10/17/2022 01:40 PM] |
| Filing 16 Added Attorney Eileen Goldsmith for Appellee Colleen Williams, in case 22-16424. [12556023] (HH) [Entered: 10/04/2022 03:59 PM] |
| Filing 15 Filed (ECF) notice of appearance of Eileen Beth Goldsmith (Altshuler Berzon LLP, 177 Post St, Suite 300, San Francisco, CA 94108) for Appellee Colleen Williams. Date of service: 10/04/2022. (Party was previously proceeding with counsel.) [12555964] [22-16424] (Goldsmith, Eileen) [Entered: 10/04/2022 03:35 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: AF): Appellants motion for clarification of the docket (Dkt. Entry [ # 13 ]) is GRANTED. Both Appellants opening brief and Appellees answering brief are due on October 27, 2022. The statute requires that the court issue a disposition within 60 days of the date the petition for appeal was granted, "unless an extension is granted." 28 U.S.C. 1453(c)(2). The parties agreed to and we granted an extension of 28 days. See id. 1453(c)(3)(A). Therefore, our court must issue a disposition within 88 days from the date our court granted the petition for permission to appeal. [12552893] (AF) [Entered: 09/29/2022 04:16 PM] |
| Filing 13 Filed (ECF) Appellant VibrantCare Rehabilitation, Inc. Motion for miscellaneous relief [Motion for Clarification of Order, Dkt 10]. Date of service: 09/28/2022. [12551577] [22-16424] (Westbrook, Geoffrey) [Entered: 09/28/2022 01:16 PM] |
| Filing 12 Notice of Oral Argument on Monday, November 14, 2022 - 09:30 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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 Monday, November 14, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12551536]. [22-16424] (KS) [Entered: 09/28/2022 12:38 PM] |
| Filing 11 Streamlined request [9] by Appellant VibrantCare Rehabilitation, Inc. to extend time to file the brief is not approved because extension is not allowed pursuant to CR 31-2.2(a)(2) because the case has been scheduled for argument. The filer must file a motion per 9th Cir. R. 31-2.2(b). [12550433] (JN) [Entered: 09/27/2022 11:06 AM] |
| Filing 10 Filed text clerk order (Deputy Clerk: AF): Appellee's unopposed motion for an extension of time to file briefing until October 27, 2022, Dkt. [ # 6 ], is granted. [12550268] (AF) [Entered: 09/27/2022 09:52 AM] |
| Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant VibrantCare Rehabilitation, Inc.. New requested due date is 10/28/2022. [12549972] [22-16424] (Westbrook, Geoffrey) [Entered: 09/26/2022 06:06 PM] |
| Filing 8 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 09/21/2022. [12549313] (RT) [Entered: 09/26/2022 12:42 PM] |
| Filing 7 Added Attorney(s) Jacob Lee Karczewski for party(s) Appellee Colleen Williams, in case 22-16424. [12548719] (DJV) [Entered: 09/26/2022 07:00 AM] |
| Filing 6 Filed (ECF) Appellee Colleen Williams Motion to extend time to comply with the order dated 09/19/2022. Date of service: 09/23/2022. [12548402] [22-16424] --[COURT UPDATE: Updated docket text to reflect content of filing. 09/26/2022 by TYL] (Aiwazian, Edwin) [Entered: 09/23/2022 06:49 PM] |
| Filing 5 Filed (ECF) notice of appearance of Jacob Lee Karczewski (Lawyers for Justice, PC, 410 West Arden Avenue, Suite 203, Glendale, CA 91203) for Appellee Colleen Williams. Date of service: 09/23/2022. (Party was previously proceeding with counsel.) [12548387] [22-16424] (Karczewski, Jacob) [Entered: 09/23/2022 05:35 PM] |
| Filing 4 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Geoffrey C. Westbrook for Appellant VibrantCare Rehabilitation, Inc.. Hearing in San Francisco on 10/18/2022 at 09:00 A.M. (Courtroom: Courtroom 3). 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: 09/20/2022. [12545124] [22-16424] (Westbrook, Geoffrey) [Entered: 09/20/2022 04:53 PM] |
| Filing 3 Notice of Oral Argument on Tuesday, October 18, 2022 - 09:00 A.M. - Courtroom 3 - 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, October 18, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12543668]. [22-16424] (KS) [Entered: 09/19/2022 03:08 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant VibrantCare Rehabilitation, Inc. opening brief due 09/29/2022. Appellee Colleen Williams answering brief due 09/29/2022. No reply briefs will be accepted. [12543177] (JBS) [Entered: 09/19/2022 10:56 AM] |
| Filing 1 Filed order (JOHN B. OWENS and PATRICK J. BUMATAY) The petition for permission to appeal pursuant to 28 U.S.C. 1453(c) is granted. See Coleman v. Estes Express Lines, Inc., 627 F.3d 1096, 1100 (9th Cir. 2010). Within 7 days after the filing date of this order, petitioner shall perfect the appeal pursuant to Federal Rule of Appellate Procedure 5(d). Pursuant to 28 U.S.C. 1453(c)(2), the court shall complete all action on this appeal, including rendering judgment, not later than 60 days after the date on which the appeal was filed. See also Bush v. Cheaptickets, Inc., 425 F.3d 683, 685 (9th Cir. 2005) (stating that 60-day time period begins to run when the court accepts the appeal). The parties shall submit, via electronic filing, simultaneous briefs and excerpts of record within 10 days after the filing date of this order. No reply briefs will be accepted. Also, within 10 days after the filing date of this order, by 5:00 p.m. (Pacific time), the parties shall submit to the Clerks Office in San Francisco 6 copies of the briefs and 3 copies of the excerpts of record in paper format, accompanied by certification that the briefs are identical to the versions submitted electronically. Any motion to extend time to file the briefs shall strictly comply with the requirements set forth in 28 U.S.C. 1453(c)(3). The Clerk shall calendar this case during the week of October 17, 2022 in San Francisco, California. [12543169] (JBS) [Entered: 09/19/2022 10:50 AM] |
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