Joshua Ebright, et al v. BP West Coast Products, LLC, et al
| JOSHUA EBRIGHT, PAUL LEE and DAVID RINALDI, On Behalf of Themselves and All Others Similarly Situated |
| BP WEST COAST PRODUCTS, LLC, CHEVRON U.S.A. INC., TESORO REFINING & MARKETING COMPANY, LLC, EQUILON ENTERPRISES, LLC, DBA Shell Oil Products US, EXXONMOBIL REFINING & SUPPLY COMPANY, EXXON MOBIL CORPORATION, VALERO MARKETING AND SUPPLY COMPANY, PHILLIPS 66 and ALON USA ENERGY, INC. |
| 22-56017 |
| November 1, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Antitrust |
Docket Report
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| Filing 10 Filed order (Deputy Clerk: LBS): The parties stipulated motion (Docket Entry No. [ # 9 ]) for voluntary dismissal of No. 22-56017 is granted. No. 22-56017 is dismissed with prejudice. Fed. R. App. P. 42(b). Costs and fees shall be allocated pursuant to the parties stipulation. This order served on the district court acts as the mandate of this court as to No. 22-56017 only. No. 22-56018 will proceed and the following briefing schedule will govern: Appellant Alon USA Energy, Inc.s opening brief is due February 10, 2023. Appellees Joshua Ebright, Paul Lee, and David Rinaldis answering brief is due March 13, 2023. Appellant Alon USA Energy, Inc.s optional reply brief is due within 21 days after service of the answering brief. [12628309] (AF) [Entered: 01/11/2023 01:26 PM] |
| Filing 9 Filed (ECF) Appellees ExxonMobil Refining & Supply Company and Exxon Mobil Corporation Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 12/21/2022. [12615354] [22-56017] --[COURT UPDATE: Spread to case 22-56018. 12/21/2022 by TYL] (Sestito, Dawn) [Entered: 12/21/2022 06:56 AM] |
| Filing 8 MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. [12599654] [22-56010, 22-56016, 22-56017, 22-56018] (CL) [Entered: 11/30/2022 05:14 PM] |
| Filing 7 MEDIATION ORDER FILED: By 11/30/2022, 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. [12584686] [22-56017, 22-56018] (CL) [Entered: 11/10/2022 11:19 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 11/07/2022. 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.[12581636]. [22-56017] (AD) [Entered: 11/07/2022 12:44 PM] |
| Filing 5 Filed (ECF) Appellants Joshua Ebright, Paul Lee and David Rinaldi in 22-56017 Mediation Questionnaire. Date of service: 11/07/2022. [12581256] [22-56017, 22-56018] (Aguilar, George) [Entered: 11/07/2022 09:36 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 11/04/2022. 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.[12580467]. [22-56017] (AD) [Entered: 11/04/2022 12:44 PM] |
| Filing 3 Filed (ECF) Appellant Alon USA Energy, Inc. in 22-56018, Appellee Alon USA Energy, Inc. in 22-56017 Mediation Questionnaire. Date of service: 11/04/2022. [12580270] [22-56018, 22-56017] (Hittinger, Carl) [Entered: 11/04/2022 10:31 AM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Alon USA Energy, Inc. Mediation Questionnaire due on 11/08/2022. First cross appeal brief due 02/06/2023 for Joshua Ebright, Paul Lee and David Rinaldi. Second brief on cross appeal due 03/07/2023 for Alon USA Energy, Inc., BP West Coast Products, LLC, Chevron U.S.A. Inc., Equilon Enterprises, LLC, Exxon Mobil Corporation, ExxonMobil Refining & Supply Company, Phillips 66, Tesoro Refining & Marketing Company, LLC and Valero Marketing and Supply Company. Third brief on cross appeal due 04/07/2023 for Joshua Ebright, Paul Lee and David Rinaldi. Optional cross appeal Reply brief for Alon USA Energy, Inc. is due within 21 days after service of Third brief on cross appeal. [12578111] [22-56018, 22-56017] (RT) [Entered: 11/01/2022 02:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Joshua Ebright, Paul Lee and David Rinaldi Mediation Questionnaire due on 11/08/2022. Transcript ordered by 11/28/2022. Transcript due 12/27/2022. Appellants Joshua Ebright, Paul Lee and David Rinaldi opening brief due 02/06/2023. Appellees Alon USA Energy, Inc., BP West Coast Products, LLC, Chevron U.S.A. Inc., Equilon Enterprises, LLC, Exxon Mobil Corporation, ExxonMobil Refining & Supply Company, Phillips 66, Tesoro Refining & Marketing Company, LLC and Valero Marketing and Supply Company answering brief due 03/07/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12578037] (RT) [Entered: 11/01/2022 02:03 PM] |
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