Joshua Ebright, et al v. Alon USA Energy, Inc., et al
| 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, PHILLIPS 66 and VALERO MARKETING AND SUPPLY COMPANY |
| JOSHUA EBRIGHT, PAUL LEE and DAVID RINALDI, On Behalf of Themselves and All Others Similarly Situated |
| ALON USA ENERGY, INC. |
| 22-56018 |
| November 1, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Antitrust |
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| Filing 46 Filed (ECF) Acknowledgment of hearing notice by Attorney Carl Hittinger, Esquire for Appellant Alon USA Energy, Inc. in 22-56016, 22-56018. Hearing in Pasadena on 12/04/2023 at 09:00 A.M. (Courtroom: 3). 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: 09/25/2023. [12798646] [22-56016, 22-56018] (Hittinger, Carl) [Entered: 09/25/2023 04:08 PM] |
| Filing 45 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. George C. Aguilar, Esquire for Appellees Joshua Ebright, Paul Lee and David Rinaldi in 22-56018. Hearing in Pasadena on 12/04/2023 at 09:00 a.m. (Courtroom: 3). 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: 09/25/2023. [12798161] [22-56018, 22-56016] (Aguilar, George) [Entered: 09/25/2023 11:31 AM] |
| Filing 44 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Steven Francis Hubachek, Esquire for Appellee Persian Gulf, Inc. in 22-56016. Hearing in Pasadena on 12/04/2023 at 9:00 a.m. (Courtroom: 3). 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: 09/25/2023. [12797916] [22-56016, 22-56018] (Hubachek, Steven) [Entered: 09/25/2023 09:20 AM] |
| Filing 43 Notice of Oral Argument on Monday, December 4, 2023 - 09:00 A.M. - Courtroom 3 - 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, December 4, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12797694]. [22-56016, 22-56018] (KS) [Entered: 09/24/2023 06:17 AM] |
| Filing 42 Filed (ECF) Attorney Mr. George C. Aguilar, Esquire for Appellees Joshua Ebright, Paul Lee and David Rinaldi in 22-56018 response to notice for case being considered for oral argument. Date of service: 08/21/2023. [12777567] [22-56018, 22-56016] (Aguilar, George) [Entered: 08/21/2023 10:37 AM] |
| Filing 41 Filed (ECF) Attorney Carl Hittinger, Esquire for Appellant Alon USA Energy, Inc. in 22-56016, 22-56018 response to notice for case being considered for oral argument. Date of service: 08/18/2023. [12776569] [22-56016, 22-56018] (Hittinger, Carl) [Entered: 08/18/2023 08:09 AM] |
| Filing 40 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for December 2023 and the subsequent month in that location at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and 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. 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). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12775188]. [22-56016, 22-56018] (KS) [Entered: 08/16/2023 11:41 AM] |
| Filing 39 Filed (ECF) Attorney Carl Hittinger, Esquire for Appellant Alon USA Energy, Inc. in 22-56016, 22-56018 response to notice for case being considered for oral argument. Date of service: 08/14/2023. [12773386] [22-56016, 22-56018] (Hittinger, Carl) [Entered: 08/14/2023 11:30 AM] |
| Filing 38 Received 6 paper copies of Reply Brief [ # 36 ] filed by Alon USA Energy, Inc.. [12765150] [22-56016, 22-56018] (NAR) [Entered: 07/31/2023 02:35 PM] |
| Filing 37 Filed clerk order: The reply brief [ # 36 ] submitted by Alon USA Energy, 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12763643] [22-56016, 22-56018] (JMR) [Entered: 07/27/2023 02:35 PM] |
| Filing 36 Submitted (ECF) Reply Brief for review. Submitted by Appellant Alon USA Energy, Inc. in 22-56016, 22-56018. Date of service: 07/27/2023. [12763511] [22-56016, 22-56018] (Hittinger, Carl) [Entered: 07/27/2023 12:25 PM] |
| Filing 35 Filed (ECF) Attorney Mr. George C. Aguilar, Esquire for Appellees Joshua Ebright, Paul Lee and David Rinaldi in 22-56018 response to notice for case being considered for oral argument. Date of service: 07/14/2023. [12755760] [22-56018, 22-56016] (Aguilar, George) [Entered: 07/14/2023 04:09 PM] |
| Filing 34 This case is being considered for an upcoming oral argument calendar in Pasadena Please consult with opposing counsel and review the Pasadena sitting dates for November 2023 and the subsequent month in that location at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable 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. 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). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12752899]. [22-56016, 22-56018] (KS) [Entered: 07/11/2023 12:52 PM] |
| Filing 33 Received 6 paper copies of Answering Brief [ # 25 ] filed by Joshua Ebright, et al. in 22-56018. [12733879] [22-56016, 22-56018] (NAR) [Entered: 06/12/2023 01:56 PM] |
| Filing 32 Received 3 paper copies of supplemental excerpts of record [ # 24 ] in 1 volume(s) filed by Persian Gulf, Inc.. [12732579] [22-56018, 22-56016] (NAR) [Entered: 06/09/2023 11:58 AM] |
| Filing 31 Received 6 paper copies of Answering Brief [ # 23 ] filed by Persian Gulf, Inc.. [12732578] [22-56018, 22-56016] (NAR) [Entered: 06/09/2023 11:57 AM] |
| Filing 30 Filed clerk order (Deputy Clerk: MCD): The appellants unopposed motion (Docket Entry No. [ # 27 ]) for an extension of time in which to file the consolidated reply brief is granted. The optional consolidated reply brief is due July 28, 2023. [12731916] [22-56016, 22-56018] (ABT) [Entered: 06/08/2023 01:48 PM] |
| Filing 29 Filed clerk order: The answering brief [ # 23 ] submitted by Persian Gulf, 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 [ # 24 ] submitted by Persian Gulf, 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. [12731604] [22-56016, 22-56018] (JMR) [Entered: 06/08/2023 10:14 AM] |
| Filing 28 Filed clerk order: The answering brief [ # 25 ] submitted by Joshua Ebright, et al. 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 [ # 26 ] submitted by Joshua Ebright, et al. 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. [12728866] [22-56016, 22-56018] (JMR) [Entered: 06/05/2023 02:29 PM] |
| Filing 27 Filed (ECF) Appellant Alon USA Energy, Inc. in 22-56016, 22-56018 Unopposed Motion to extend time to file Reply brief until 07/28/2023. Date of service: 06/05/2023. [12728758] [22-56016, 22-56018] (Hittinger, Carl) [Entered: 06/05/2023 01:48 PM] |
| Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Joshua Ebright, Paul Lee and David Rinaldi in 22-56018. Date of service: 06/02/2023. [12728085] [22-56018, 22-56016] (Aguilar, George) [Entered: 06/02/2023 06:29 PM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellees Joshua Ebright, Paul Lee and David Rinaldi in 22-56018. Date of service: 06/02/2023. [12728084] [22-56018, 22-56016] (Aguilar, George) [Entered: 06/02/2023 06:26 PM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Persian Gulf, Inc. in 22-56016. Date of service: 06/02/2023. [12728083] [22-56016, 22-56018]--[COURT UPDATE: Attached corrected excerpts. 06/08/2023 by JMR] (Hubachek, Steven) [Entered: 06/02/2023 06:11 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellee Persian Gulf, Inc. in 22-56016. Date of service: 06/02/2023. [12728081] [22-56016, 22-56018]--[COURT UPDATE: Attached corrected brief. 06/08/2023 by JMR] (Hubachek, Steven) [Entered: 06/02/2023 05:59 PM] |
| Filing 22 Received 6 paper copies of Opening Brief [ # 14 ], [ # 12666507-2 ] filed by Alon USA Energy, Inc.[12685008] [22-56016, 22-56018] (NAR) [Entered: 03/29/2023 03:04 PM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 15 ], [ # 12666615-2 ] in 6 volume(s) and index volume filed by Alon USA Energy, Inc. [12685003] [22-56016, 22-56018] (NAR) [Entered: 03/29/2023 03:03 PM] |
| Filing 20 Filed clerk order: The opening brief [ # 12666507-2 ], [ # 14 ] submitted by Alon USA Energy, 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: blue. The excerpts of record [ # 12666615-2 ], [ # 15 ] submitted by Alon USA Energy, 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. [12681605] [22-56016, 22-56018] (LA) [Entered: 03/24/2023 03:36 PM] |
| Filing 19 Filed order (MK-S): Appellants motions (Docket Entry No. [ # 12667889-2 ] in 22-56016; Docket Entry No. [ # 16 ] in 22-56018) to consolidate are granted. Appeal Nos. 22-56016 and 22-56018 are consolidated. The Clerk will file the consolidated opening brief and excerpts of record (Docket Entry Nos. [ # 12666507-2 ], [ # 12666615-2 ] in 22-56016; Docket Entry Nos. [ # 14 ], [ # 15 ] in 22-56018). Appellees requests (included in Docket Entry No. [ # 12675518-2 ] in 22-56016 and Docket Entry No. [ # 17 ] in 22-56018) for leave to file separate answering briefs are granted. Appellees unopposed motions (Docket Entry No. [ # 12679653-2 ] in 22-56016; Docket Entry No. [ # 18 ] in 22-56018) for extensions of time to file the answering briefs are granted. The answering briefs are due June 2, 2023. The consolidated optional reply brief is due within 21 days after service of the last-served answering brief. [12681524] [22-56016, 22-56018] (AF) [Entered: 03/24/2023 02:51 PM] |
| Filing 18 Filed (ECF) Appellees Joshua Ebright, Paul Lee and David Rinaldi Unopposed Motion to extend time to file Answering brief until 06/02/2023. Date of service: 03/22/2023. [12679920] [22-56018] (Aguilar, George) [Entered: 03/22/2023 04:28 PM] |
| Filing 17 Filed (ECF) Appellees Joshua Ebright, Paul Lee and David Rinaldi response to motion ([ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing)). Date of service: 03/16/2023. [12675648] [22-56018] (Aguilar, George) [Entered: 03/16/2023 02:59 PM] |
| Filing 16 Filed (ECF) Appellant Alon USA Energy, Inc. Motion to consolidate cases 22-56016 and 22-56018. Date of service: 03/06/2023. [12667892] [22-56018] (Hittinger, Carl) [Entered: 03/06/2023 12:54 PM] |
| Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellant Alon USA Energy, Inc.. Date of service: 03/03/2023. [12666638] [22-56018]--[COURT UPDATE: Attached corrected PDFs of Index Volume and Volume 6. 03/06/2023 by JMR] (Hittinger, Carl) [Entered: 03/03/2023 10:22 AM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellant Alon USA Energy, Inc.. Date of service: 03/03/2023. [12666618] [22-56018] (Hittinger, Carl) [Entered: 03/03/2023 10:10 AM] |
| Filing 13 Terminated Robert A. Mittelstaedt for Tesoro Refining & Marketing Company, LLC in 22-56018 [12632576] (NAC) [Entered: 01/18/2023 10:29 AM] |
| Filing 12 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Robert A. Mittelstaedt, Esquire for - Tesoro Refining & Marketing Company, LLC. Party proceeding without counsel: No. Date of service: 01/18/2023. [12632499] [22-56018] (Mittelstaedt, Robert) [Entered: 01/18/2023 09:53 AM] |
| Filing 11 ENTRY UPDATED. Streamlined request [10] by Appellant Alon USA Energy, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellant Alon USA Energy, Inc. opening brief due 03/03/2023. Appellees Joshua Ebright, Paul Lee and David Rinaldi answering brief due 04/03/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12629511]--[Edited 01/13/2023 by DLM] (DLM) [Entered: 01/12/2023 02:02 PM] |
| Filing 10 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Alon USA Energy, Inc.. New requested due date is 03/03/2023. [12629033] [22-56018] (Hittinger, Carl) [Entered: 01/12/2023 09:22 AM] |
| Filing 9 Filed order (Deputy Clerk: LBS): The parties stipulated motion (Docket Entry No. [ # 8 ]) 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 8 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 7 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 6 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 5 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.[12581637]. [22-56018] (AD) [Entered: 11/07/2022 12:44 PM] |
| Filing 4 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 3 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.[12580466]. [22-56018] (AD) [Entered: 11/04/2022 12:44 PM] |
| Filing 2 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 1 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] |
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