Lisa Kim, et al v. Tinder, Inc., et al
| LISA KIM, individually and on behalf of all others similarly situated |
| RICH ALLISON and STEVE FRYE |
| TINDER, INC., a Delaware corporation, MATCH GROUP, LLC, a Delaware limited liability company and MATCH GROUP, INC., a Delaware corporation |
| 22-55346 |
| April 5, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 53 ARGUED AND SUBMITTED TO MILAN D. SMITH, JR., MICHELLE T. FRIEDLAND and ERIC D. MILLER. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12789689] [22-55345, 22-55346] (BG) [Entered: 09/11/2023 11:34 AM] |
| Filing 52 Filed clerk order (Deputy Clerk: MCD): On the courts own motion, the parties are allotted fifteen (15) minutes of oral argument time for each side (which, for Appellants, shall include any reserved rebuttal time). [12783068] [22-55345, 22-55346] (WL) [Entered: 08/29/2023 04:10 PM] |
| Filing 51 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Adrian Bacon, Esquire for Appellant Lisa Kim. Hearing in Pasadena on 09/11/2023 at 9:00 a.m. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/14/2023. [12773430] [22-55346] (Bacon, Adrian) [Entered: 08/14/2023 11:55 AM] |
| Filing 50 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Eve H. Cervantez for Appellees Rich Allison and Steve Frye. Hearing in Pasadena on 09/11/2023 at 9:00 am (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) 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: 08/14/2023. [12773388] [22-55346] (Cervantez, Eve) [Entered: 08/14/2023 11:31 AM] |
| Filing 49 Added Attorney(s) Eve H. Cervantez for party(s) Appellee Rich Allison Appellee Steve Frye. [12773336] (RL) [Entered: 08/14/2023 10:50 AM] |
| Filing 48 Filed (ECF) notice of appearance of Eve (Shapiro) Cervantez (Altshuler Berzon LLP, 177 Post Street, Suite 300, San Francisco, CA 94108) for Appellees Rich Allison and Steve Frye. Date of service: 08/14/2023. (Party was previously proceeding with counsel.) [12773320] [22-55346] (Cervantez, Eve) [Entered: 08/14/2023 10:44 AM] |
| Filing 47 Notice of Oral Argument on Monday, September 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 Monday, September 11, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12747365]. [22-55345, 22-55346] (KS) [Entered: 07/02/2023 06:09 AM] |
| Filing 46 Terminated P. Casey Pitts for Steve Frye and Rich Allison. [12743276] (RL) [Entered: 06/26/2023 04:19 PM] |
| Filing 45 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney P. Casey Pitts for Appellees Rich Allison and Steve Frye. Party proceeding without counsel: No. Date of service: 06/26/2023. [12743262] [22-55346] (Pitts, P.) [Entered: 06/26/2023 04:15 PM] |
| Filing 44 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for September 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).[12727392]. [22-55345, 22-55346] (KS) [Entered: 06/02/2023 11:11 AM] |
| Filing 43 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for August 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).[12708277]. [22-55345, 22-55346] (KS) [Entered: 05/03/2023 03:01 PM] |
| Filing 42 Received 6 paper copies of Reply Brief [ # 40 ] filed by Lisa Kim. [12671948] (SD) [Entered: 03/10/2023 04:10 PM] |
| Filing 41 Filed clerk order: The reply brief [ # 40 ] submitted by Lisa Kim 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. [12667427] (KT) [Entered: 03/06/2023 08:51 AM] |
| Filing 40 Submitted (ECF) Reply Brief for review. Submitted by Appellant Lisa Kim. Date of service: 03/03/2023. [12667276] [22-55346] (Friedman, Todd) [Entered: 03/03/2023 08:34 PM] |
| Filing 39 Filed (ECF) Attorney Jonathan Rosenthal for Appellees Rich Allison and Steve Frye response to notice for case being considered for oral argument. Date of service: 03/01/2023. [12665457] [22-55346] (Rosenthal, Jonathan) [Entered: 03/01/2023 05:25 PM] |
| Filing 38 Added Attorney(s) Jonathan Rosenthal for party(s) Appellee Rich Allison Appellee Steve Frye, in case 22-55346. [12665443] (JFF) [Entered: 03/01/2023 05:13 PM] |
| Filing 37 Filed (ECF) notice of appearance of Jonathan Michael Langmuir Rosenthal (Altshuler Berzon LLP, 177 Post Street, #300, San Francisco, CA 94108) for Appellees Rich Allison and Steve Frye. Date of service: 03/01/2023. (Party was previously proceeding with counsel.) [12665388] [22-55346] (Rosenthal, Jonathan) [Entered: 03/01/2023 04:30 PM] |
| Filing 36 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).[12660478]. [22-55345, 22-55346] (KS) [Entered: 02/24/2023 08:41 AM] |
| Filing 35 Added Attorney(s) Benjamin Eli Strauss for party(s) Appellee Match Group, Inc. Appellee Match Group, LLC Appellee Tinder, Inc., in case 22-55346. [12635278] (BJK) [Entered: 01/20/2023 04:33 PM] |
| Filing 34 Filed (ECF) notice of appearance of Benjamin Eli Strauss (Manatt, Phelps & Phillips, LLP; 2049 Century Park East, Suite 1700, Los Angeles, CA 90067) for Appellees Tinder, Inc., Match Group, Inc. and Match Group, LLC. Date of service: 01/20/2023. (Party was previously proceeding with counsel.) [12635247] [22-55346] (Strauss, Benjamin) [Entered: 01/20/2023 04:19 PM] |
| Filing 33 Received 6 paper copies of Answering Brief [ # 27 ] filed by Rich Allison and Steve Frye. [12633260] (SD) [Entered: 01/18/2023 03:53 PM] |
| Filing 32 Received 3 paper copies of supplemental excerpts of record [ # 28 ] in 1 volume(s) filed by Appellees Rich Allison and Steve Frye. [12633203] (SD) [Entered: 01/18/2023 03:27 PM] |
| Filing 31 Streamlined request [29] by Appellant Lisa Kim to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 03/03/2023. [12630488] (BG) [Entered: 01/13/2023 02:39 PM] |
| Filing 30 Filed clerk order: The answering brief [ # 27 ] submitted by Rich Allison and Steve Frye 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 [ # 28 ] submitted by Rich Allison and Steve Frye 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. [12630185] (KT) [Entered: 01/13/2023 11:32 AM] |
| Filing 29 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Lisa Kim. New requested due date is 03/03/2023. [12628143] [22-55346] (Friedman, Todd) [Entered: 01/11/2023 11:55 AM] |
| Filing 28 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Rich Allison and Steve Frye. Date of service: 01/11/2023. [12627992] [22-55346] (Pitts, P.) [Entered: 01/11/2023 09:51 AM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellees Rich Allison and Steve Frye. Date of service: 01/11/2023. [12627989] [22-55346] (Pitts, P.) [Entered: 01/11/2023 09:48 AM] |
| Filing 26 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 25 ] (ECF Filing) filed by Appellees Rich Allison and Steve Frye; Appellees Rich Allison, Steve Frye, Match Group, Inc., Match Group, LLC and Tinder, Inc. answering brief due 01/11/2023. The optional reply brief is due 21 days after service of the answering brief. [12603483] (GS) [Entered: 12/06/2022 01:08 PM] |
| Filing 25 Filed (ECF) Appellees Rich Allison and Steve Frye Unopposed Motion to extend time to file Answering brief until 01/11/2023. Date of service: 12/05/2022. [12601803] [22-55346] (Pitts, P.) [Entered: 12/05/2022 09:16 AM] |
| Filing 24 Streamlined request [23] by Appellees Rich Allison and Steve Frye to extend time to file the brief is approved for all Appellees. Amended briefing schedule: Appellees Rich Allison, Steve Frye, Match Group, Inc., Match Group, LLC and Tinder, Inc. answering brief due 12/12/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12579869] (JN) [Entered: 11/03/2022 03:30 PM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Rich Allison and Steve Frye. New requested due date is 12/12/2022. [12579736] [22-55346] (Pitts, P.) [Entered: 11/03/2022 02:19 PM] |
| Filing 22 Received 3 paper copies of excerpts of record [ # 19 ] in 3 volume(s) and index volume filed by Lisa Kim. [12566741] (CPA) [Entered: 10/18/2022 03:20 PM] |
| Filing 21 Received 6 paper copies of Opening Brief [ # 18 ] filed by Lisa Kim. [12566708] (CPA) [Entered: 10/18/2022 03:15 PM] |
| Filing 20 Filed clerk order: The opening brief [ # 18 ] submitted by Lisa Kim 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 [ # 19 ] submitted by Lisa Kim 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. [12561761] (SML) [Entered: 10/12/2022 03:48 PM] |
| Filing 19 Submitted (ECF) excerpts of record. Submitted by Appellant Lisa Kim. Date of service: 10/11/2022. [12560717] [22-55346] (Friedman, Todd) [Entered: 10/11/2022 09:29 PM] |
| Filing 18 Submitted (ECF) Opening Brief for review. Submitted by Appellant Lisa Kim. Date of service: 10/11/2022. [12560716] [22-55346] (Friedman, Todd) [Entered: 10/11/2022 09:27 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 16 ] (ECF Filing) filed by Appellant Lisa Kim; Appellant Lisa Kim opening brief due 10/11/2022. Appellees Rich Allison, Steve Frye, Match Group, Inc., Match Group, LLC and Tinder, Inc. answering brief due 11/10/2022. The optional reply brief is due 21 days after service of the answering brief. [12528340] (GS) [Entered: 08/29/2022 11:17 AM] |
| Filing 16 Filed (ECF) Appellant Lisa Kim Motion to extend time to file Opening brief until 10/11/2022. Date of service: 08/24/2022. [12525242] [22-55346] (Friedman, Todd) [Entered: 08/24/2022 01:07 PM] |
| Filing 15 Filed clerk order (Deputy Clerk: LCC): The notice of appeal indicates that objectors are appellees in this appeal. The Clerk will amend the docket to reflect objectors status as appellees. The opening brief and excerpts of record remain due September 9, 2022. The answering briefs are due October 11, 2022. The optional reply brief remains due within 21 days after service of the answering brief.[12524120] (OC) [Entered: 08/23/2022 02:24 PM] |
| Filing 14 MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. [12523844] [22-55345, 22-55346] (CL) [Entered: 08/23/2022 11:27 AM] |
| Filing 13 Streamlined request [12] by Appellant Lisa Kim to extend time to file the brief is approved. Amended briefing schedule: Appellant Lisa Kim opening brief due 09/09/2022. Appellees Match Group, Inc., Match Group, LLC and Tinder, Inc. answering brief due 10/11/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12512478] (BG) [Entered: 08/08/2022 04:25 PM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Lisa Kim. New requested due date is 09/09/2022. [12512437] [22-55346] (Friedman, Todd) [Entered: 08/08/2022 04:07 PM] |
| Filing 11 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference w/ counsel for objector-appellant only, 08/02/2022, 3:30 p.m. Pacific Time. See order for details. [12501969] [22-55345, 22-55346] (CL) [Entered: 07/25/2022 06:17 PM] |
| Filing 10 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 07/22/2022, 1:00 p.m. Pacific Time. (originally scheduled on 07/21/2022). [12494868] [22-55345, 22-55346] (CL) [Entered: 07/15/2022 12:21 PM] |
| Filing 9 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 07/21/2022, 3:00 p.m. Pacific Time. (originally scheduled on 07/20/2022). [12493864] [22-55345, 22-55346] (CL) [Entered: 07/14/2022 12:48 PM] |
| Filing 8 Filed order MEDIATION (KS): The dial-in telephone conference originally scheduled for June 22, 2022, is rescheduled to July 20, 2022, at 1:30 p.m. Pacific Time. Each participant will receive an email modifying the dial-in information. The briefing schedule previously set by the court is amended as follows: appellants' opening brief is due August 10, 2022; appellee's answering brief is due September 9, 2022; and appellants' optional reply brief is due within 21 days from the service date of the answering brief. [12477231] [22-55345, 22-55346] (ABT) [Entered: 06/22/2022 01:30 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 06/22/2022, 2:30 p.m. Pacific Time. See order for details. [12454413] [22-55345, 22-55346] (CL) [Entered: 05/23/2022 05:39 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 05/19/2022, 1:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12435664] [22-55345, 22-55346] (BLS) [Entered: 05/02/2022 10:09 AM] |
| Filing 5 Added Attorney(s) Benjamin G. Shatz for party(s) Appellee Match Group, Inc. Appellee Match Group, LLC Appellee Tinder, Inc., in case 22-55346. [12419765] (JFF) [Entered: 04/13/2022 10:13 AM] |
| Filing 4 Filed (ECF) notice of appearance of Benjamin G. Shatz (Manatt, Phelps & Phillips, LLP, 2049 Century Park East, Suite 1700, Los Angeles, CA 90067) for Appellees Match Group, Inc., Match Group, LLC and Tinder, Inc.. Date of service: 04/12/2022. (Party was previously proceeding with counsel.) [12419310] [22-55346] (Shatz, Benjamin) [Entered: 04/12/2022 04:41 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 04/12/2022. 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.[12418670]. [22-55346] (AD) [Entered: 04/12/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Lisa Kim Mediation Questionnaire. Date of service: 04/12/2022. [12418280] [22-55346] (Kristensen, John) [Entered: 04/12/2022 09:39 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Lisa Kim Mediation Questionnaire due on 04/12/2022. Transcript ordered by 05/04/2022. Transcript due 06/03/2022. Appellant Lisa Kim opening brief due 07/11/2022. Appellees Match Group, Inc., Match Group, LLC and Tinder, Inc. answering brief due 08/11/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12413421] (RT) [Entered: 04/05/2022 04:33 PM] |
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