Frank Custodero, et al v. Apple Inc.
| In re: APPLE INC. APP STORE SIMULATED CASINO-STYLE GAMES LITIGATION |
| FRANK CUSTODERO, RICO VIGLIETTI, LUE STEPHENS, VICKIE PAYTON, SEAN MCCLOSKEY, TERESA LARSEN, JOSHUA MCDONALD, MICHAEL HELSEL, DONALD NELSON, CHEREE BIBBS and KAREN WORKMAN |
| APPLE INC. |
| 22-16916 |
| December 14, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Property Damage |
Docket Report
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| Filing 13 Filed order MEDIATION (SJS): This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions.The briefing schedule previously set by the court is amended as follows: the first brief on cross-appeal is due July 24, 2023; the second brief on cross-appeal is due September 25, 2023; the third brief on cross-appeal is due November 13, 2023; and the optional cross-appeal reply brief is due December 18, 2023. [12653303] [22-16914, 22-16916] (ABT) [Entered: 02/14/2023 04:50 PM] |
| Filing 12 MEDIATION ORDER FILED: By 01/17/2023, 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. [12621798] [22-16914, 22-16916] (CL) [Entered: 01/03/2023 03:01 PM] |
| Filing 11 Received notification from District Court re: payment of docket fee in case no. 22-16914 only, by Defendant-Appellant-Cross Appellee, Apple, Inc. . Amount Paid: USD 505.00. Date paid: 12/21/2022. [12616520] [22-16914, 22-16916] (RT) [Entered: 12/22/2022 12:20 PM] |
| Filing 10 Filed (ECF) Appellees Vickie Payton, Lue Stephens, Rico Viglietti, Karen Workman, Cheree Bibbs, Frank Custodero, Michael Helsel, Teresa Larsen, Sean McCloskey, Joshua McDonald and Donald Nelson in 22-16914, Appellants Cheree Bibbs, Frank Custodero, Michael Helsel, Teresa Larsen, Sean McCloskey, Joshua McDonald, Donald Nelson, Vickie Payton, Lue Stephens, Rico Viglietti and Karen Workman in 22-16916 Mediation Questionnaire. Date of service: 12/21/2022. [12616135] [22-16914, 22-16916] (Tievsky, Alexander) [Entered: 12/21/2022 07:16 PM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 12/21/2022. 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.[12616128]. [22-16916] (AD) [Entered: 12/21/2022 06:44 PM] |
| Filing 8 Filed (ECF) Appellant Apple Inc. in 22-16914, Appellee Apple Inc. in 22-16916 Mediation Questionnaire. Date of service: 12/21/2022. [12615769] [22-16914, 22-16916] (Perry, Mark) [Entered: 12/21/2022 01:11 PM] |
| Filing 7 Received notification from District Court re: payment of docket fee in Cross Appeal case no. 22-16916 only, by Plaintiff-Appellees x-Appellants. Amount Paid: 505.00 USD . Date paid: 12/20/2022. [12615263] [22-16916, 22-16914] (RT) [Entered: 12/20/2022 04:36 PM] |
| Filing 6 Added Attorney(s) Zachary Tripp for party(s) Appellant Apple Inc., in case 22-16914 Attorney(s) Zachary Tripp for party(s) Appellee Apple Inc., in case 22-16916. [12614511] [22-16914, 22-16916] (NAC) [Entered: 12/20/2022 07:50 AM] |
| Filing 5 Filed (ECF) notice of appearance of Zachary D. Tripp (Weil, Gotshal & Manges LLP, 2001 M Street, N.W., Suite 600, Washington, D.C. 20036) for Appellant Apple Inc. in 22-16914, Appellee Apple Inc. in 22-16916. Date of service: 12/20/2022. (Party was previously proceeding with counsel.) [12614495] [22-16914, 22-16916] (Tripp, Zachary) [Entered: 12/20/2022 07:31 AM] |
| Filing 4 Attorneys Ilana Hope Eisenstein, John Samuel Gibson, Brooke Leanne Killian Kim and Stanley Joseph Panikowski III in 22-16914 and 22-16916 substituted by Attorneys Mark Andrew Perry in 22-16914 and 22-16916 [12614326] [22-16914, 22-16916] (SLM) [Entered: 12/19/2022 04:02 PM] |
| Filing 3 Filed (ECF) notice of appearance of Mark A. Perry (Weil, Gotshal & Manges, LLP 2001 M Street, NW Suite 600 Washington, DC 20036) for Appellee Apple Inc. in 22-16916, Appellant Apple Inc. in 22-16914. Substitution for Ilana Hope Eisenstein, Mr. John Samuel Gibson, Ms. Brooke Leanne Killian Kim, Mr. Stanley Joseph Panikowski, III, Esquire in 22-16916, 22-16914. Date of service: 12/19/2022. (Party was previously proceeding with counsel.) [12614318] [22-16916, 22-16914] (SLM) [Entered: 12/19/2022 03:58 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellants Cheree Bibbs, Frank Custodero, Michael Helsel, Teresa Larsen, Sean McCloskey, Joshua McDonald, Donald Nelson, Vickie Payton, Lue Stephens, Rico Viglietti and Karen Workman Mediation Questionnaire due on 12/21/2022. First cross appeal brief due 03/23/2023 for Apple Inc.. Second brief on cross appeal due 04/24/2023 for Cheree Bibbs, Frank Custodero, Michael Helsel, Teresa Larsen, Sean McCloskey, Joshua McDonald, Donald Nelson, Vickie Payton, Lue Stephens, Rico Viglietti and Karen Workman. Third brief on cross appeal due 05/24/2023 for Apple Inc. Optional cross appeal Reply brief for Cheree Bibbs, Frank Custodero, Michael Helsel, Teresa Larsen, Sean McCloskey, Joshua McDonald, Donald Nelson, Vickie Payton, Lue Stephens, Rico Viglietti and Karen Workman is due within 21 days of service of Third brief on cross appeal. [12610613] [22-16916, 22-16914] (RT) [Entered: 12/14/2022 02:09 PM] |
| Filing 1 Filed order (A. WALLACE TASHIMA and SIDNEY R. THOMAS, Circuit Judges) in case no. 22-80099 on December 13, 2022: Respondents motion to withdraw their motion to extend the time to answer the petition and to exceed page limits (Docket Entry No. 6) is granted. The motion to extend time and exceed page limits (Docket Entry No. 4) is withdrawn. The motion for leave to file a reply in support of the petition (Docket Entry No. 7) is granted. The reply has been filed. The petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is granted. Respondents conditional cross-petition is also granted. See Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S. 199, 205 (1996) (holding that under 1292(b), the appellate court may address any issue fairly included within the certified order because it is the order that is appealable, and not the controlling question identified by the district court. (citation omitted)). The Clerk will open cross-appeals. Within 14 days after the date of this order, the parties shall perfect their respective appeals in accordance with Federal Rule of Appellate Procedure 5(d). [12610598] (RT) [Entered: 12/14/2022 02:04 PM] |
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