Kenneth Holley-Gallegly v. TA Operating, LLC

Justia Dockets & Filings Ninth Circuit U.S. Court of Appeals, Ninth Circuit Kenneth Holley-Gallegly v. TA Operating, LLC

Kenneth Holley-Gallegly v. TA Operating, LLC

Plaintiff / Appellee:	KENNETH HOLLEY-GALLEGLY, on behalf of herself and all others similarly situated and KENNETH HOLLEY-GALLEGLY, on behalf of himself and all others similarly situated
Defendant / Appellant:	TA OPERATING, LLC, a Delaware corporation, DBA Petro Shopping Center, DBA Travel Centers of America
Case Number:	22-55950
Filed:	October 14, 2022
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other Labor Litigation

Opinions

We have the following opinions for this case:

Date Filed	Description
July 21, 2023	KENNETH HOLLEY-GALLEGLY V. TA OPERATING, LLC

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Docket Report

This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 14, 2023	Filing 46 MANDATE ISSUED.(MDS, DFH and DPC) [12773308] (RL) [Entered: 08/14/2023 10:36 AM]
July 24, 2023	Filing 45 CORRECTED OPINION RE: [ # 43 ] (MILAN D. SMITH, JR., DAVID F. HAMILTON and DANIEL P. COLLINS). Correction: Typo on page 10 corrected. [12760290] (AH) [Entered: 07/24/2023 11:53 AM]
July 21, 2023	Filing 44 Filed clerk order (Deputy Clerk: MCD): At the direction of the Court, the parties shall bear their own costs. [12759378] (AH) [Entered: 07/21/2023 10:32 AM]
July 21, 2023	Filing 43 FILED OPINION (MILAN D. SMITH, JR., DAVID F. HAMILTON and DANIEL P. COLLINS) VACATED and REMANDED. Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [12759371] (AH) [Entered: 07/21/2023 10:23 AM]
June 20, 2023	Filing 42 Terminated Max Carter-Oberstone for TA Operating, LLC. [12738865] (RL) [Entered: 06/20/2023 10:57 AM]
June 20, 2023	Filing 41 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Max Carter-Oberstone for Appellant TA Operating, LLC. Party proceeding without counsel: No. Date of service: 06/20/2023. [12738561] [22-55950] (Carter-Oberstone, Max) [Entered: 06/20/2023 08:18 AM]
June 6, 2023	Filing 40 ARGUED AND SUBMITTED TO MILAN D. SMITH, JR., DAVID F. HAMILTON and DANIEL P. COLLINS. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12729739] (BG) [Entered: 06/06/2023 12:12 PM]
June 5, 2023	Filing 39 Notice of Oral Argument on Tuesday, June 6, 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, June 6, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12728659]. [22-55950] (KS) [Entered: 06/05/2023 12:38 PM]
May 16, 2023	Filing 38 Filed (ECF) Acknowledgment of hearing notice by Attorney Robert Loeb for Appellant TA Operating, LLC. Hearing in Pasadena on 06/06/2023 at 9:30 am PT (Courtroom: Courtroom 1). Filer sharing argument time: No. 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: 05/16/2023. [12717173] [22-55950] (Loeb, Robert) [Entered: 05/16/2023 04:38 PM]
May 16, 2023	Filing 37 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Kevin Barnes for Appellee Kenneth Holley-Gallegly. Hearing in Pasadena on 06/06/2023 at 9:30 a.m. (Courtroom: 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: 05/16/2023. [12717075] [22-55950] (Barnes, Kevin) [Entered: 05/16/2023 03:20 PM]
April 12, 2023	Filing 36 Terminated Sarah Hartman Sloan for TA Operating, LLC. [12694269] (RL) [Entered: 04/12/2023 01:36 PM]
April 12, 2023	Filing 35 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Ms. Sarah Hartman Sloan for Appellant TA Operating, LLC. Party proceeding without counsel: No. Date of service: 04/12/2023. [12694209] [22-55950] (Sloan, Sarah) [Entered: 04/12/2023 12:28 PM]
April 6, 2023	Filing 34 Received 6 paper copies of Reply Brief [ # 32 ] filed by TA Operating, LLC. (sent to panel) [12690416] (SD) [Entered: 04/06/2023 11:51 AM]
April 3, 2023	Filing 33 Filed clerk order: The reply brief [ # 32 ] submitted by TA Operating, LLC 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. [12687176] (SML) [Entered: 04/03/2023 08:56 AM]
April 3, 2023	Filing 32 Submitted (ECF) Reply Brief for review. Submitted by Appellant TA Operating, LLC. Date of service: 04/03/2023. [12687164] [22-55950] (Loeb, Robert) [Entered: 04/03/2023 08:43 AM]
March 26, 2023	Filing 31 Notice of Oral Argument on Tuesday, June 6, 2023 - 09:30 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, June 6, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12681837]. [22-55950] (KS) [Entered: 03/26/2023 06:09 AM]
February 23, 2023	Filing 30 Filed (ECF) Attorney Robert Loeb for Appellant TA Operating, LLC response to notice for case being considered for oral argument. Date of service: 02/23/2023. [12659931] [22-55950] (Loeb, Robert) [Entered: 02/23/2023 01:11 PM]
February 23, 2023	Filing 29 Filed (ECF) Attorney Mr. Kevin Barnes for Appellee Kenneth Holley-Gallegly response to notice for case being considered for oral argument. Date of service: 02/23/2023. [12659917] [22-55950] (Barnes, Kevin) [Entered: 02/23/2023 12:58 PM]
February 22, 2023	Filing 28 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).[12658785]. [22-55950] (KS) [Entered: 02/22/2023 01:11 PM]
February 16, 2023	Filing 27 Received 3 paper copies of excerpts of record [ # 22 ] in 1 volume(s) filed by Kenneth Holley-Gallegly. [12655609] (CPA) [Entered: 02/17/2023 09:46 AM]
February 16, 2023	Filing 26 Received 6 paper copies of Answering Brief [ # 21 ] filed by Kenneth Holley-Gallegly. [12655603] (CPA) [Entered: 02/17/2023 09:44 AM]
February 16, 2023	Filing 25 Streamlined request [24] by Appellant TA Operating, LLC to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 04/03/2023. [12654746] (DR) [Entered: 02/16/2023 11:54 AM]
February 15, 2023	Filing 24 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant TA Operating, LLC. New requested due date is 04/03/2023. [12653750] [22-55950] (Loeb, Robert) [Entered: 02/15/2023 12:26 PM]
February 15, 2023	Filing 23 Filed clerk order: The answering brief [ # 21 ] submitted by Kenneth Holley-Gallegly 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 excerpts of record [ # 22 ] submitted by Kenneth Holley-Gallegly 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. [12653415] (SML) [Entered: 02/15/2023 09:00 AM]
February 10, 2023	Filing 22 Submitted (ECF) excerpts of record. Submitted by Appellee Kenneth Holley-Gallegly. Date of service: 02/10/2023. [12650583] [22-55950] (Barnes, Kevin) [Entered: 02/10/2023 10:06 AM]
February 10, 2023	Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kenneth Holley-Gallegly. Date of service: 02/10/2023. [12650580] [22-55950] (Barnes, Kevin) [Entered: 02/10/2023 10:04 AM]
January 17, 2023	Filing 20 Received 3 paper copies of excerpts of record [ # 17 ] in 1 volume(s) filed by TA Operating, LLC. [12631974] (CPA) [Entered: 01/17/2023 03:49 PM]
January 17, 2023	Filing 19 Received 6 paper copies of Opening Brief [ # 16 ] filed by TA Operating, LLC. [12631967] (CPA) [Entered: 01/17/2023 03:47 PM]
January 11, 2023	Filing 18 Filed clerk order: The opening brief [ # 16 ] submitted by TA Operating, LLC 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 [ # 17 ] submitted by TA Operating, LLC 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. [12628557] (SML) [Entered: 01/11/2023 03:19 PM]
January 11, 2023	Filing 17 Submitted (ECF) excerpts of record. Submitted by Appellant TA Operating, LLC. Date of service: 01/11/2023. [12628270] [22-55950] (Loeb, Robert) [Entered: 01/11/2023 01:09 PM]
January 11, 2023	Filing 16 Submitted (ECF) Opening Brief for review. Submitted by Appellant TA Operating, LLC. Date of service: 01/11/2023. [12628267] [22-55950] (Loeb, Robert) [Entered: 01/11/2023 01:05 PM]
December 13, 2022	Filing 15 Streamlined request [14] by Appellant TA Operating, LLC to extend time to file the brief is approved. Amended briefing schedule: Appellant TA Operating, LLC opening brief due 01/11/2023. Appellee Kenneth Holley-Gallegly answering brief due 02/10/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12608965] (JN) [Entered: 12/13/2022 09:33 AM]
December 12, 2022	Filing 14 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant TA Operating, LLC. New requested due date is 01/11/2023. [12607682] [22-55950] (Loeb, Robert) [Entered: 12/12/2022 09:31 AM]
November 17, 2022	Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12590452] (CL) [Entered: 11/17/2022 03:12 PM]
October 28, 2022	Filing 12 Added Attorney(s) Sarah Hartman Sloan for party(s) Appellant TA Operating, LLC, in case 22-55950. [12575141] (NAC) [Entered: 10/28/2022 07:30 AM]
October 28, 2022	Filing 11 Filed (ECF) notice of appearance of Sarah H. Sloan (Orrick, Herrington & Sutcliffe LLP, 1152 15th Street, NW, Washington, DC 20005) for Appellant TA Operating, LLC. Date of service: 10/28/2022. (Party was previously proceeding with counsel.) [12575124] [22-55950] (Sloan, Sarah) [Entered: 10/28/2022 07:11 AM]
October 21, 2022	Filing 10 MEDIATION ORDER FILED: By 11/04/2022, 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. [12570679] (CL) [Entered: 10/21/2022 04:35 PM]
October 20, 2022	Filing 9 The Mediation Questionnaire for this case was filed on 10/20/2022. 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.[12569640]. [22-55950] (AD) [Entered: 10/20/2022 06:44 PM]
October 20, 2022	Filing 8 Filed (ECF) Appellant TA Operating, LLC Mediation Questionnaire. Date of service: 10/20/2022. [12569026] [22-55950] (Loeb, Robert) [Entered: 10/20/2022 01:44 PM]
October 19, 2022	Filing 7 Added Attorney(s) Max Carter-Oberstone for party(s) Appellant TA Operating, LLC, in case 22-55950. [12567411] (BJK) [Entered: 10/19/2022 11:19 AM]
October 19, 2022	Filing 6 Filed (ECF) notice of appearance of Max Carter-Oberstone (Orrick, Herrington & Sutcliffe LLP, 405 Howard Street, San Francisco, CA 94105) for Appellant TA Operating, LLC. Date of service: 10/19/2022. (Party was previously proceeding with counsel.) [12567213] [22-55950] (Carter-Oberstone, Max) [Entered: 10/19/2022 09:53 AM]
October 19, 2022	Filing 5 Added Attorney(s) E. Joshua Rosenkranz for party(s) Appellant TA Operating, LLC. [12567185] (RL) [Entered: 10/19/2022 09:35 AM]
October 19, 2022	Filing 4 Filed (ECF) notice of appearance of E. Joshua Rosenkranz (Orrick, Herrington & Sutcliffe, 51 West 52nd Street, New York, NY 10019) for Appellant TA Operating, LLC. Date of service: 10/19/2022. (Party was previously proceeding with counsel.) [12567173] [22-55950] (Rosenkranz, E.) [Entered: 10/19/2022 09:32 AM]
October 19, 2022	Filing 3 Added Attorney(s) Robert Loeb for party(s) Appellant TA Operating, LLC. [12567163] (RL) [Entered: 10/19/2022 09:30 AM]
October 19, 2022	Filing 2 Filed (ECF) notice of appearance of Robert M. Loeb (Orrick, Herrington & Sutcliffe LLP, 1152 15th Street, Washington, DC 20005) for Appellant TA Operating, LLC. Date of service: 10/19/2022. (Party was previously proceeding with counsel.) [12567154] [22-55950] (Loeb, Robert) [Entered: 10/19/2022 09:26 AM]
October 14, 2022	Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant TA Operating, LLC Mediation Questionnaire due on 10/21/2022. Appellant TA Operating, LLC opening brief due 12/12/2022. Appellee Kenneth Holley-Gallegly answering brief due 01/11/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12563536] (JBS) [Entered: 10/14/2022 11:46 AM]

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Plaintiff / appellee: KENNETH HOLLEY-GALLEGLY, on behalf of herself and all others similarly situated
Represented By:	Kevin Barnes
Represented By:	Gregg Lander
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Plaintiff / appellee: KENNETH HOLLEY-GALLEGLY, on behalf of himself and all others similarly situated
Represented By:	Gregg Lander
Represented By:	Kevin Barnes
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Defendant / appellant: TA OPERATING, LLC, a Delaware corporation, DBA Petro Shopping Center, DBA Travel Centers of America
Represented By:	Mia Farber
Represented By:	Eric Gitig
Represented By:	Semarnpreet Kaur
Represented By:	Robert Loeb
Represented By:	E. Joshua Rosenkranz
Represented By:	Max Carter-Oberstone
Represented By:	Sarah Hartman Sloan
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