Kevin Walker v. AT&T Benefit Plan No. 3, et al
| KEVIN WALKER |
| AT&T BENEFIT PLAN NO. 3 and AT&T SERVICES, INC. |
| 22-55450 |
| May 4, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Employee Retirement |
Opinions
We have the following opinions for this case:
| Description |
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| KEVIN WALKER V. AT&T BENEFIT PLAN NO. 3, ET AL |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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Filing 37
MANDATE ISSUED.(MHM, MTF and MJB) [12729388] (RL) [Entered: 06/06/2023 09:10 AM]
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Filing 36
FILED MEMORANDUM DISPOSITION (MARY H. MURGUIA, MICHELLE T. FRIEDLAND and MARK J. BENNETT) AFFIRMED. FILED AND ENTERED JUDGMENT. [12715597] (EHC) [Entered: 05/15/2023 10:19 AM]
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Filing 35
SUBMITTED ON THE BRIEFS TO MARY H. MURGUIA, MICHELLE T. FRIEDLAND and MARK J. BENNETT. [12714230] (BJK) [Entered: 05/11/2023 03:13 PM]
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Filing 34
Filed clerk order (Deputy Clerk: MCD): The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted without oral argument on Thursday, May 11, 2023, in San Francisco, California. Fed. R. App. P. 34(a)(2). [12704117] (WL) [Entered: 04/27/2023 10:35 AM]
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Filing 33
Filed (ECF) Acknowledgment of hearing notice by Attorney Raquel Monique Busani for Appellant Kevin Walker. Hearing in San Francisco on 05/11/2023 at 9:30 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: 02/27/2023. [12662248] [22-55450] (Busani, Raquel) [Entered: 02/27/2023 11:22 AM]
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Filing 32
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Stacey Campbell for Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc.. Hearing in San Francisco on 05/11/2023 at 09:30 AM (Courtroom: 3). 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: 02/27/2023. [12661890] [22-55450] (Campbell, Stacey) [Entered: 02/27/2023 09:25 AM]
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Filing 31
Notice of Oral Argument on Thursday, May 11, 2023 - 09:30 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 Thursday, May 11, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12661663]. [22-55450] (KS) [Entered: 02/26/2023 06:09 AM]
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Filing 30
Received 6 paper copies of Reply Brief [ # 28 ] filed by Kevin Walker. [12647081] (SD) [Entered: 02/06/2023 01:58 PM]
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Filing 29
Filed clerk order: The reply brief [ # 28 ] submitted by Kevin Walker 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. [12644627] (SML) [Entered: 02/02/2023 09:50 AM]
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Filing 28
Submitted (ECF) Reply Brief for review. Submitted by Appellant Kevin Walker. Date of service: 01/31/2023. [12643577] [22-55450] (Busani, Raquel) [Entered: 01/31/2023 07:04 PM]
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Filing 27
Filed (ECF) Attorney Raquel Monique Busani for Appellant Kevin Walker response to notice for case being considered for oral argument. Date of service: 01/25/2023. [12638070] [22-55450] (Busani, Raquel) [Entered: 01/25/2023 10:29 AM]
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Filing 26
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for May 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).[12637398]. [22-55450] (KS) [Entered: 01/24/2023 02:11 PM]
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Filing 25
Filed clerk order (Deputy Clerk: LBS): Appellees motion (Docket Entry No. [ # 19 ]) for an extension of time to file the answering brief is denied as unnecessary. The answering brief has been filed. The optional reply brief is due within 21 days after the date of this order. [12627541] (AF) [Entered: 01/10/2023 03:00 PM]
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Filing 24
Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume(s) filed by AT&T Benefit Plan No. 3 and AT&T Services, Inc.. [12623980] (CPA) [Entered: 01/05/2023 02:48 PM]
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Filing 23
Received 6 paper copies of Answering Brief [ # 20 ] filed by AT&T Benefit Plan No. 3 and AT&T Services, Inc.. [12623930] (CPA) [Entered: 01/05/2023 02:21 PM]
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Filing 22
Filed clerk order: The answering brief [ # 20 ] submitted by AT&T Benefit Plan No. 3 and AT&T Services, 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 supplemental excerpts of record [ # 21 ] submitted by AT&T Benefit Plan No. 3 and AT&T Services, Inc. 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. [12620359] (SML) [Entered: 12/30/2022 09:57 AM]
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Filing 21
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc.. Date of service: 12/27/2022. [12618717] [22-55450]--[COURT UPDATE: Attached corrected excerpts. 12/30/2022 by SML] (Campbell, Stacey) [Entered: 12/27/2022 04:57 PM]
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Filing 20
Submitted (ECF) Answering Brief for review. Submitted by Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc.. Date of service: 12/27/2022. [12618701] [22-55450]--[COURT UPDATE: Attached corrected brief. 12/30/2022 by SML] (Campbell, Stacey) [Entered: 12/27/2022 04:51 PM]
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Filing 19
Filed (ECF) Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc. Unopposed Motion to extend time to file Answering brief until 01/17/2023. Date of service: 12/19/2022. [12614284] [22-55450] (Campbell, Stacey) [Entered: 12/19/2022 03:43 PM]
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Filing 18
Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 17 ]) for an extension of time to file the answering brief is granted. The answering brief is due December 27, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12573549] (OC) [Entered: 10/26/2022 02:33 PM]
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Filing 17
Filed (ECF) Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc. Unopposed Motion to extend time to file Answering brief until 12/27/2022. Date of service: 10/21/2022. [12569749] [22-55450] (Campbell, Stacey) [Entered: 10/21/2022 08:38 AM]
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Filing 16
Received 3 paper copies of excerpts of record [ # 11 ] in 6 volume(s) and index volume filed by Kevin Walker. [12545608] (CPA) [Entered: 09/21/2022 12:00 PM]
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Filing 15
Received 6 paper copies of Opening Brief [ # 10 ] filed by Kevin Walker. [12545589] (CPA) [Entered: 09/21/2022 11:50 AM]
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Filing 14
Streamlined request [13] by Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc. answering brief due 11/10/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12545163] (JN) [Entered: 09/20/2022 05:53 PM]
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Filing 13
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc.. New requested due date is 11/10/2022. [12544730] [22-55450] (Campbell, Stacey) [Entered: 09/20/2022 01:51 PM]
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Filing 12
Filed clerk order: The opening brief [ # 10 ] submitted by Kevin Walker 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 [ # 11 ] submitted by Kevin Walker 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. [12542424] (SML) [Entered: 09/16/2022 02:25 PM]
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Filing 11
Submitted (ECF) excerpts of record. Submitted by Appellant Kevin Walker. Date of service: 09/09/2022. [12537501] [22-55450]--[COURT UPDATE: Attached corrected excerpts. 09/16/2022 by SML] (Busani, Raquel) [Entered: 09/09/2022 07:42 PM]
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Filing 10
Submitted (ECF) Opening Brief for review. Submitted by Appellant Kevin Walker. Date of service: 09/09/2022. [12537499] [22-55450]--[COURT UOPDATE: Attached corrected brief. 09/16/2022 by SML] (Busani, Raquel) [Entered: 09/09/2022 07:36 PM]
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Filing 9
Streamlined request [8] by Appellant Kevin Walker to extend time to file the brief is approved. Amended briefing schedule: Appellant Kevin Walker opening brief due 09/09/2022. Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc. answering brief due 10/11/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12496592] (JN) [Entered: 07/18/2022 04:14 PM]
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Filing 8
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Kevin Walker. New requested due date is 09/09/2022. [12496361] [22-55450] (Rosati, Robert) [Entered: 07/18/2022 02:37 PM]
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Filing 7
Terminated Alison Lungstrum Macneill for AT&T Services, Inc. and AT&T Benefit Plan No. 3. [12458798] (RL) [Entered: 05/27/2022 03:47 PM]
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Filing 6
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Alison Lungstrum Macneill for Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc.. Party proceeding without counsel: No. Date of service: 05/27/2022. [12458560] [22-55450] (Campbell, Stacey) [Entered: 05/27/2022 02:09 PM]
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Filing 5
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12450206] (CL) [Entered: 05/18/2022 01:26 PM]
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Filing 4
MEDIATION ORDER FILED: By 05/18/2022, 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. [12441846] (CL) [Entered: 05/09/2022 02:42 PM]
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Filing 3
The Mediation Questionnaire for this case was filed on 05/05/2022. 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.[12439136]. [22-55450] (AD) [Entered: 05/05/2022 12:44 PM]
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Filing 2
Filed (ECF) Appellant Kevin Walker Mediation Questionnaire. Date of service: 05/05/2022. [12438732] [22-55450] (Busani, Raquel) [Entered: 05/05/2022 08:36 AM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Kevin Walker Mediation Questionnaire due on 05/11/2022. Transcript ordered by 06/01/2022. Transcript due 07/01/2022. Appellant Kevin Walker opening brief due 08/10/2022. Appellees AT&T Benefit Plan No. 3 and AT&T Services, Inc. answering brief due 09/09/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12438221] (JBS) [Entered: 05/04/2022 02:03 PM]
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