Bryan Madeira v. Converse, Inc., et al
| BRYAN MADEIRA, an individual, and on behalf of others similarly situated |
| CONVERSE, INC., a Delaware corporation and DOES, 1-50, inclusive |
| 22-55161 |
| February 10, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Opinions
We have the following opinions for this case:
| Description |
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| BRYAN MADEIRA V. CONVERSE, INC., ET AL |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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Filing 60
Filed clerk order (Deputy Clerk: MCD): At the direction of the Court, the parties shall bear their own costs. [12775047] (AH) [Entered: 08/16/2023 09:46 AM]
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Filing 59
FILED MEMORANDUM DISPOSITION (GABRIEL P. SANCHEZ, SALVADOR MENDOZA, JR. and JAMES DONATO) Appellants Request for Judicial Notice, Dkt. No. [ # 43 ], is GRANTED. AFFIRMED in part, REVERSED in part. FILED AND ENTERED JUDGMENT. [12775045] (AH) [Entered: 08/16/2023 09:43 AM]
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Filing 58
Filed (ECF) Appellant Bryan Madeira citation of supplemental authorities. Date of service: 07/25/2023. [12762152] [22-55161] (Stahle, Mikael) [Entered: 07/25/2023 06:20 PM]
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Filing 57
ARGUED AND SUBMITTED TO GABRIEL P. SANCHEZ, SALVADOR MENDOZA, JR. and JAMES DONATO. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12752723] (BG) [Entered: 07/11/2023 11:03 AM]
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Filing 56
Filed (ECF) Acknowledgment of hearing notice by Attorney Michael Rubin for Appellant Bryan Madeira. Hearing in Pasadena on 07/11/2023 at 9:00 am (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: 06/09/2023. [12732538] [22-55161] (Rubin, Michael) [Entered: 06/09/2023 11:28 AM]
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Filing 55
Filed (ECF) Acknowledgment of hearing notice by Attorney Daniel J. McQueen for Appellee Converse, Inc.. Hearing in Pasadena on 07/11/2023 at 9:00 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: 05/01/2023. [12706536] [22-55161] (McQueen, Daniel) [Entered: 05/01/2023 03:53 PM]
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Filing 54
Notice of Oral Argument on Tuesday, July 11, 2023 - 09:00 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 Tuesday, July 11, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12705546]. [22-55161] (KS) [Entered: 04/30/2023 06:08 AM]
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Filing 53
Filed (ECF) Attorney Michael Rubin for Appellant Bryan Madeira response to notice for case being considered for oral argument. Date of service: 04/05/2023. [12689427] [22-55161] (Rubin, Michael) [Entered: 04/05/2023 10:07 AM]
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Filing 52
Filed (ECF) Attorney Tyler James Johnson for Appellee Converse, Inc. response to notice for case being considered for oral argument. Date of service: 03/31/2023. [12686944] [22-55161] (Johnson, Tyler) [Entered: 03/31/2023 04:27 PM]
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Filing 51
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for July 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).[12686617]. [22-55161] (KS) [Entered: 03/31/2023 01:41 PM]
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Filing 50
Received 6 paper copies of Reply Brief [ # 42 ] filed by Bryan Madeira. [12672790] (SD) [Entered: 03/13/2023 01:16 PM]
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Filing 49
Filed clerk order: The reply brief [ # 42 ] submitted by Bryan Madeira 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 paper copies shall be submitted to the principal office of the Clerk. [12666073] (SML) [Entered: 03/02/2023 01:40 PM]
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Filing 48
Added Attorney(s) Michael Rubin for party(s) Appellant Bryan Madeira. [12665714] (RL) [Entered: 03/02/2023 10:12 AM]
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Filing 47
Filed (ECF) notice of appearance of Michael Rubin (Altshuler Berzon LLP, 177 Post St., Suite 300, San Francisco, CA 94108) for Appellant Bryan Madeira. Date of service: 03/02/2023. (Party was previously proceeding with counsel.) [12665711] [22-55161] (Rubin, Michael) [Entered: 03/02/2023 10:08 AM]
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Filing 46
Notice of Appearance (ECF Filing) [45] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12665638] (RL) [Entered: 03/02/2023 09:24 AM]
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Filing 45
Filed (ECF) notice of appearance of Michael Rubin (Altshuler Berzon LLP, 177 Post Street, Suite 300, San Francisco, CA 94108) for Appellant Bryan Madeira. Date of service: 03/01/2023. (Party was previously proceeding with counsel.) [12665467] [22-55161] (Stahle, Mikael) [Entered: 03/01/2023 05:43 PM]
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Filing 44
Filed (ECF) Attorney Mikael H. Stahle, Esquire for Appellant Bryan Madeira response to notice for case being considered for oral argument. Date of service: 03/01/2023. [12665461] [22-55161] (Stahle, Mikael) [Entered: 03/01/2023 05:34 PM]
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Filing 43
Filed (ECF) Appellant Bryan Madeira Motion to take judicial notice of the California Supreme Court's Docket and Order; Supporting Declaration of Kiran Prasad. Date of service: 03/01/2023. [12665459] [22-55161] (Stahle, Mikael) [Entered: 03/01/2023 05:32 PM]
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Filing 42
Submitted (ECF) Reply Brief for review. Submitted by Appellant Bryan Madeira. Date of service: 03/01/2023. [12665458] [22-55161] (Stahle, Mikael) [Entered: 03/01/2023 05:29 PM]
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Filing 41
Filed (ECF) Attorney Daniel J. McQueen for Appellee Converse, Inc. response to notice for case being considered for oral argument. Date of service: 02/24/2023. [12660658] [22-55161] (McQueen, Daniel) [Entered: 02/24/2023 09:55 AM]
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Filing 40
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for June 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).[12660468]. [22-55161] (KS) [Entered: 02/24/2023 08:41 AM]
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Filing 39
Filed clerk order (Deputy Clerk: MKS): Appellants motion (Docket Entry No. [ # 38 ]) for an extension of time to file the reply brief is granted. The reply brief is due March 2, 2023. To facilitate timely submission of cases for decision, no further motions for extensions of time to file the reply brief will be granted absent extraordinary and compelling circumstances. If the reply brief is not filed by March 2, 2023, the case may be submitted on the briefs already on file. [12637765] (OC) [Entered: 01/24/2023 04:51 PM]
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Filing 38
Filed (ECF) Appellant Bryan Madeira Motion to extend time to file Reply brief until 03/02/2023. Date of service: 01/20/2023. [12635374] [22-55161] (Stahle, Mikael) [Entered: 01/20/2023 06:46 PM]
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Filing 37
Filed clerk order (Deputy Clerk: GS): Granting Opposed Motion [ # 33 ] (ECF Filing) filed by Appellant Bryan Madeira; The optional reply brief is due January 31, 2023. [12627727] (GS) [Entered: 01/10/2023 04:48 PM]
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Filing 36
Filed (ECF) Appellant Bryan Madeira reply to response (). Date of service: 01/04/2023. [12623151] [22-55161] (Stahle, Mikael) [Entered: 01/04/2023 03:56 PM]
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Filing 35
Filed (ECF) Appellee Converse, Inc. citation of supplemental authorities. Date of service: 01/04/2023. [12622947] [22-55161] (Johnson, Tyler) [Entered: 01/04/2023 02:15 PM]
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Filing 34
Filed (ECF) Appellee Converse, Inc. response opposing motion ([ # 33 ] Motion (ECF Filing), [ # 33 ] Motion (ECF Filing)). Date of service: 01/03/2023. [12621392] [22-55161] (Johnson, Tyler) [Entered: 01/03/2023 11:26 AM]
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Filing 33
Filed (ECF) Appellant Bryan Madeira Motion to extend time to file Reply brief until 01/31/2023. Date of service: 12/29/2022. [12620232] [22-55161] (Stahle, Mikael) [Entered: 12/29/2022 05:09 PM]
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Filing 32
Received 6 paper copies of Answering Brief [ # 30 ] filed by Converse, Inc.. [12620048] (SD) [Entered: 12/29/2022 02:24 PM]
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Filing 31
Filed clerk order: The answering brief [ # 30 ] submitted by Converse, 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. [12617936] (SML) [Entered: 12/27/2022 10:33 AM]
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Filing 30
Submitted (ECF) Answering Brief for review. Submitted by Appellee Converse, Inc.. Date of service: 12/27/2022. [12617822] [22-55161] (Johnson, Tyler) [Entered: 12/27/2022 09:27 AM]
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Filing 29
Filed clerk order (Deputy Clerk: LL): The answering brief was due November 23, 2022. Appellee offers no explanation for its default or failure to file a motion with the court in advance of the November 23, 2022 due date. Appellees motion (Docket Entry No. [ # 25 ]) for an extension of time to file the answering brief is denied. The answering brief is due December 27, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12612933] (AF) [Entered: 12/16/2022 04:02 PM]
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Filing 28
Filed (ECF) Appellee Converse, Inc. reply to response (motion to extend time to file brief). Date of service: 12/15/2022. [12611975] [22-55161] (Johnson, Tyler) [Entered: 12/15/2022 05:49 PM]
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Filing 27
Filed (ECF) Appellant Bryan Madeira response opposing motion ([ # 25 ] Motion (ECF Filing), [ # 25 ] Motion (ECF Filing)). Date of service: 12/15/2022. [12611511] [22-55161] (Stahle, Mikael) [Entered: 12/15/2022 11:42 AM]
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Filing 26
Filed (ECF) Appellant Bryan Madeira response to motion ([ # 25 ] Motion (ECF Filing), [ # 25 ] Motion (ECF Filing)). Date of service: 12/14/2022. [12610551] [22-55161] (Stahle, Mikael) [Entered: 12/14/2022 01:37 PM]
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Filing 25
Filed (ECF) Appellee Converse, Inc. Unopposed Motion to extend time to file Answering brief until 01/23/2023. Date of service: 12/13/2022. [12609839] [22-55161] (Johnson, Tyler) [Entered: 12/13/2022 05:19 PM]
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Filing 24
Sent Appellees Converse, Inc. and Does 31c letter for failure to file answering brief. Response is due 14 days from the date of this notice. [12609517] (BG) [Entered: 12/13/2022 02:39 PM]
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Filing 23
Filed (ECF) Appellant Bryan Madeira citation of supplemental authorities. Date of service: 11/18/2022. [12591758] [22-55161] (Stahle, Mikael) [Entered: 11/18/2022 03:59 PM]
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Filing 22
Added Attorney(s) Tyler James Johnson for party(s) Appellee Converse, Inc.. [12570103] (RL) [Entered: 10/21/2022 11:47 AM]
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Filing 21
Filed (ECF) notice of appearance of Tyler J. Johnson (Sheppard Mullin Richter & Hampton LLP) for Appellee Converse, Inc.. Date of service: 10/21/2022. (Party was previously proceeding with counsel.) [12570000] [22-55161] (Johnson, Tyler) [Entered: 10/21/2022 10:45 AM]
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Filing 20
Attorneys Michael Afar and Jon D. Meer substituted by Attorney Daniel J. McQueen. [12567361] (RL) [Entered: 10/19/2022 11:00 AM]
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Filing 19
Filed (ECF) notice of appearance of Daniel J. McQueen (Sheppard Mullin Richter & Hampton LLP) for Appellee Converse, Inc.. Substitution for Michael Afar for Appellee Converse, Inc. and Jon D. Meer for Appellee Converse, Inc.. Date of service: 10/19/2022. (Party was previously proceeding with counsel.) [12567344] [22-55161] (McQueen, Daniel) [Entered: 10/19/2022 10:52 AM]
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Filing 18
Streamlined request [17] by Appellee Converse, Inc. to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Converse, Inc. and Does answering brief due 11/23/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12554949] (BG) [Entered: 10/03/2022 03:32 PM]
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Filing 17
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Converse, Inc.. New requested due date is 11/23/2022. [12554889] [22-55161] (Afar, Michael) [Entered: 10/03/2022 03:15 PM]
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Filing 16
Received 3 paper copies of excerpts of record [ # 13 ] in 7 volume(s) and index volume filed by Bryan Madeira. [12554839] (CPA) [Entered: 10/03/2022 03:02 PM]
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Filing 15
Received 6 paper copies of Opening Brief [ # 12 ] filed by Bryan Madeira. [12554696] (CPA) [Entered: 10/03/2022 02:08 PM]
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Filing 14
Filed clerk order: The opening brief [ # 12 ] submitted by Bryan Madeira 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 Bryan Madeira 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. [12548345] (SML) [Entered: 09/23/2022 04:34 PM]
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Filing 13
Submitted (ECF) excerpts of record. Submitted by Appellant Bryan Madeira. Date of service: 09/22/2022. [12547444] [22-55161] (Stahle, Mikael) [Entered: 09/22/2022 06:41 PM]
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Filing 12
Submitted (ECF) Opening Brief for review. Submitted by Appellant Bryan Madeira. Date of service: 09/22/2022. [12547441] [22-55161] (Stahle, Mikael) [Entered: 09/22/2022 06:32 PM]
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Filing 11
Filed clerk order (Deputy Clerk: MKS): Appellants motion (Docket Entry No. [ # 10 ]) for an extension of time to file the opening brief is granted. The opening brief is due September 23, 2022. The answering brief is due October 24, 2022. The optional reply brief is due within 21 days after service of the answering brief. To facilitate timely submission of cases for decision, no further motions for extensions of time to file the opening brief will be granted absent extraordinary and compelling circumstances. Failure to file the opening brief by September 23, 2022 may result in dismissal of this case for failure to prosecute. See 9th Cir. R. 42-1. [12500199] (RY) [Entered: 07/22/2022 01:43 PM]
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Filing 10
Filed (ECF) Appellant Bryan Madeira Unopposed Motion to extend time to file Opening brief until 09/23/2022. Date of service: 07/21/2022. [12498932] [22-55161] (Stahle, Mikael) [Entered: 07/21/2022 09:07 AM]
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Filing 9
Filed clerk order (Deputy Clerk: MKS): Appellants motion (Docket Entry No. [ # 8 ] ) for an extension of time to file the opening brief is granted. The opening brief is due August 23, 2022. The answering brief is due September 22, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12462907] (ABT) [Entered: 06/03/2022 11:18 AM]
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Filing 8
Filed (ECF) Appellant Bryan Madeira Unopposed Motion to extend time to file Answering brief until 08/23/2022. Date of service: 05/27/2022. [12458580] [22-55161] (Stahle, Mikael) [Entered: 05/27/2022 02:19 PM]
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Filing 7
Streamlined request [6] by Appellant Bryan Madeira to extend time to file the brief is approved. Amended briefing schedule: Appellant Bryan Madeira opening brief due 06/20/2022. Appellees Converse, Inc. and Does answering brief due 07/20/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12424758] (BG) [Entered: 04/18/2022 04:35 PM]
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Filing 6
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Bryan Madeira. New requested due date is 06/20/2022. [12424677] [22-55161] (Stahle, Mikael) [Entered: 04/18/2022 04:02 PM]
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Filing 5
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12400751] (VS) [Entered: 03/21/2022 02:51 PM]
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Filing 4
MEDIATION ORDER FILED: By 03/10/2022, 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. [12378956] (VS) [Entered: 02/24/2022 11:23 AM]
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Filing 3
The Mediation Questionnaire for this case was filed on 02/17/2022. 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.[12374063]. [22-55161] (AD) [Entered: 02/17/2022 06:44 PM]
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Filing 2
Filed (ECF) Appellant Bryan Madeira Mediation Questionnaire. Date of service: 02/17/2022. [12374044] [22-55161] (Stahle, Mikael) [Entered: 02/17/2022 05:48 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Bryan Madeira Mediation Questionnaire due on 02/17/2022. Transcript ordered by 03/11/2022. Transcript due 04/11/2022. Appellant Bryan Madeira opening brief due 05/20/2022. Appellees Converse, Inc. and Does answering brief due 06/20/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12366086] (JMR) [Entered: 02/10/2022 09:52 AM]
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