Kristin Swearingen v. Amazon.com Services, Inc., et al
| KRISTIN SWEARINGEN |
| AMAZON.COM SERVICES, INC., a Delaware corporation, AMAZON.COM, INC., a Delaware corporation and AMAZON.COM.DEDC LLC, a Delaware limited liability company |
| 22-35168 |
| February 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Docket Report
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This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 Filed (ECF) Appellant Kristin Swearingen Joint Motion to dismiss the case. Date of service: 04/19/2023. [12698716] [22-35168] (Egan, Jon) [Entered: 04/19/2023 02:02 PM] |
| Filing 20 Filed order MEDIATION (KS): In an order filed August 26, 2022, this appeal was administratively closed. The appeal is reopened. On or before May 2, 2023, counsel are requested to contact the mediator by email (Kay_Suk@ca9.uscourts.gov) to report on the status of the case. Counsel are requested to include the Ninth Circuit case name and number in the subject line. The briefing schedule previously set by the court is reset as follows: appellant's opening brief is due May 18, 2023; appellees' answering brief is due June 20, 2023; appellant's optional reply brief is due within 21 days from the service date of the answering brief. [12698591] (JBS) [Entered: 04/19/2023 12:24 PM] |
| Filing 19 MEDIATION ORDER FILED - The administrative closure period is extended until 04/14/2023. At any time before that date, any party may request that this appeal be reopened. [12680321] (CL) [Entered: 03/23/2023 10:59 AM] |
| Filing 18 Filed order (Deputy Clerk: KS) The Clerk is directed to temporarily close this courts docket for administrative purposes until March 30, 2023. This administrative closure is not a decision on the merits and no mandate will issue in connection with this order. At any time, any party may request that this appeal be reopened. On or before March 23, 2023, counsel are requested to contact the mediator by email (kay_suk@ca9.uscourts.gov) to report on the status of the case. Counsel are requested to include the Ninth Circuit case name and number in the subject line.[12527725] (JBS) [Entered: 08/26/2022 03:56 PM] |
| Filing 17 Filed order MEDIATION (KS): By September 6, 2022, appellant shall file either a motion or a stipulation to dismiss this matter pursuant to Fed. R. App. P. 42(b), or shall contact the Circuit Mediator. The briefing schedule previously set by the court is amended as follows: appellees' answering brief is due September 6, 2022; appellant's optional reply brief is due within 21 days from the service date of the answering brief. [12509664] (WL) [Entered: 08/04/2022 01:30 PM] |
| Filing 16 Received 6 paper copies of Opening Brief [ # 8 ] filed by Kristin Swearingen. [12469734] (CPA) [Entered: 06/13/2022 12:20 PM] |
| Filing 15 Received 3 paper copies of excerpts of record [ # 9 ] in 1 volume(s) filed by Appellant Kristin Swearingen. [12469614] (MLS) [Entered: 06/13/2022 11:23 AM] |
| Filing 14 Streamlined request [13] by Appellees Amazon.com Services, Inc., Amazon.com, Inc. and Amazon.com.dedc LLC to extend time to file the brief is approved. Amended briefing schedule: Appellees Amazon.com Services, Inc., Amazon.com, Inc. and Amazon.com.dedc LLC answering brief due 08/05/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12467930] (DLM) [Entered: 06/09/2022 05:02 PM] |
| Filing 13 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Amazon.com Services, Inc., Amazon.com, Inc. and Amazon.com.dedc LLC. New requested due date is 08/05/2022. [12467122] [22-35168] (Alamuddin, Sari) [Entered: 06/09/2022 08:53 AM] |
| Filing 12 Filed clerk order: The opening brief [ # 8 ] submitted by Kristin Swearingen 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 [ # 9 ] submitted by Kristin Swearingen 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. [12466846] (SML) [Entered: 06/08/2022 03:54 PM] |
| Filing 11 Added Attorney(s) Kevin Gaffney for party(s) Appellee Amazon.com.dedc LLC Appellee Amazon.com Services, Inc. Appellee Amazon.com, Inc.. [12464199] (RL) [Entered: 06/06/2022 12:02 PM] |
| Filing 10 Filed (ECF) notice of appearance of Kevin F. Gaffney (Morgan, Lewis & Bockius LLP, 110 N. Wacker Drive, 28th Floor, Chicago, IL 60606) for Appellees Amazon.com Services, Inc., Amazon.com, Inc. and Amazon.com.dedc LLC. Date of service: 06/06/2022. (Party was previously proceeding with counsel.) [12464193] [22-35168] (Gaffney, Kevin) [Entered: 06/06/2022 12:00 PM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellant Kristin Swearingen. Date of service: 06/02/2022. [12462562] [22-35168]--[COURT UPDATE: Attached corrected excerpts. 06/08/2022 by SML] (Egan, Jon) [Entered: 06/02/2022 09:34 PM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellant Kristin Swearingen. Date of service: 06/02/2022. [12462561] [22-35168]--[COURT UPDATE: Attached corrected brief. 06/08/2022 by SML] (Egan, Jon) [Entered: 06/02/2022 09:32 PM] |
| Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12406943] (CL) [Entered: 03/28/2022 06:37 PM] |
| Filing 6 MEDIATION ORDER FILED: By 03/24/2022, 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. [12391660] (CL) [Entered: 03/10/2022 01:07 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 03/03/2022. 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.[12385982]. [22-35168] (AD) [Entered: 03/04/2022 06:44 AM] |
| Filing 4 Filed (ECF) Appellant Kristin Swearingen Mediation Questionnaire. Date of service: 03/03/2022. [12385952] [22-35168] (Egan, Jon) [Entered: 03/03/2022 07:14 PM] |
| Filing 3 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 03/01/2022. [12385366] (RT) [Entered: 03/03/2022 12:18 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Kristin Swearingen Mediation Questionnaire due on 03/07/2022. Transcript ordered by 03/28/2022. Transcript due 04/27/2022. Appellant Kristin Swearingen opening brief due 06/06/2022. Appellees Amazon.com Services, Inc., Amazon.com, Inc. and Amazon.com.dedc LLC answering brief due 07/06/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12381552] (RT) [Entered: 02/28/2022 10:55 AM] |
| Filing 1 Filed order (MARSHA S. BERZON and MARK J. BENNETT, Circuit Judges) in case number 22-80000 on February 25, 2022: The court, in its discretion, grants the petition for permission to appeal the district courts December 27, 2021 order denying class action certification as to petitioners proposed unpaid breaks class. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). Respondents cross-petition is denied. Within 14 days after the date of this order, petitioner shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d). [12381546] (RT) [Entered: 02/28/2022 10:52 AM] |
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