Theresa Sweet, et al v. Everglades College, Inc, et al
| THERESA SWEET, CHENELLE ARCHIBALD, DANIEL DEEGAN, SAMUEL HOOD, TRESA APODACA, ALICIA DAVIS and JESSICA JACOBSON, on behalf of themselves and all others similarly situated |
| EVERGLADES COLLEGE, INC., LINCOLN EDUCATIONAL SERVICES CORPORATION, AMERICAN NATIONAL UNIVERSITY and CHICAGO SCHOOL OF PROFESSIONAL PSYCHOLOGY |
| MIGUEL A. CARDONA, Secretary of the United States Department of Education and U.S. DEPARTMENT OF EDUCATION |
| 23-15049 |
| January 17, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
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| Filing 17 Filed (ECF) Appellant Lincoln Educational Services Corporation in 23-15050 response to motion ([ # 15 ] Motion and Response to Motion (ECF Filing), [ # 15 ] Motion and Response to Motion (ECF Filing)). Date of service: 03/17/2023. [12676822] [23-15050, 23-15049, 23-15051] (Townsend, Lucas) [Entered: 03/17/2023 05:37 PM] |
| Filing 16 Filed (ECF) Appellant Lincoln Educational Services Corporation in 23-15050 reply to response (). Date of service: 03/16/2023. [12675710] [23-15049, 23-15050, 23-15051] (Townsend, Lucas) [Entered: 03/16/2023 04:00 PM] |
| Filing 15 Filed (ECF) Appellees Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson and Theresa Sweet in 23-15049, 23-15050, 23-15051 Motion to dismiss for lack of jurisdiction and Response opposing motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing)). Date of service: 03/09/2023. [12670553] [23-15049, 23-15050, 23-15051] (Ellis, Rebecca) [Entered: 03/09/2023 11:36 AM] |
| Filing 14 Filed (ECF) Appellees Miguel A. Cardona and USEDU in 23-15049, 23-15050, 23-15051 response to motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing)). Date of service: 03/09/2023. [12670448] [23-15049, 23-15050, 23-15051] (Janda, Sean) [Entered: 03/09/2023 10:28 AM] |
| Filing 13 Filed (ECF) Appellant Lincoln Educational Services Corporation in 23-15050 Joint Motion to stay lower court action. Date of service: 02/27/2023. [12662686] [23-15050, 23-15049, 23-15051] (Townsend, Lucas) [Entered: 02/27/2023 02:22 PM] |
| Filing 12 Filed (ECF) Appellant Lincoln Educational Services Corporation in 23-15050 Joint Motion to file oversized brief. Date of service: 02/27/2023. [12662671] [23-15050, 23-15049, 23-15051] (Townsend, Lucas) [Entered: 02/27/2023 02:16 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: GS): The unopposed motions (Docket Entry No. [ # 9 ] in No. 23-15049; Docket Entry No. [ # 12642603-2 ] in No. 23-15050; and Docket Entry No. in [ # 12642606-2 ] No. 23-15051) to consolidate is granted. Nos. 23-15049, 23-15050, and 23-15051 are consolidated. The consolidated opening brief is due April 24, 2023. The consolidated answering briefs are due May 24, 2023. The optional consolidated reply brief is due within 21 days after service of the last-served answering brief. [12660207] [23-15049, 23-15050, 23-15051] (AF) [Entered: 02/23/2023 03:46 PM] |
| Filing 10 MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. All further inquiries regarding these appeals, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12653714] [23-15049, 23-15050, 23-15051] (VS) [Entered: 02/15/2023 11:55 AM] |
| Filing 9 Filed (ECF) Appellant Everglades College, Inc. Unopposed Motion to consolidate cases Sweet v. Everglades College, Inc., No. 23-15049; Sweet v. Lincoln Educational Services Corp., No. 23-15050; and Sweet v. American National University, No. 23-15051. Date of service: 01/30/2023. [12642607] [23-15049] (Panuccio, Jesse) [Entered: 01/30/2023 06:13 PM] |
| Filing 8 MEDIATION ORDER FILED: By 02/09/2023, 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 schedules remain in effect. SEE ORDER FOR DETAILS. [12639635] [23-15049, 23-15050, 23-15051] (VS) [Entered: 01/26/2023 01:27 PM] |
| Filing 7 Added Attorney(s) Joshua Marc Salzman for party(s) Appellee USEDU Appellee Miguel A. Cardona, in case 23-15049. [12638258] (JFF) [Entered: 01/25/2023 12:28 PM] |
| Filing 6 Filed (ECF) notice of appearance of Joshua M. Salzman (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Appellees Miguel A. Cardona and USEDU. Date of service: 01/25/2023. (Party was previously proceeding with counsel.) [12637955] [23-15049] (Salzman, Joshua) [Entered: 01/25/2023 09:23 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 01/24/2023. 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.[12637821]. [23-15049] (AD) [Entered: 01/24/2023 07:00 PM] |
| Filing 4 Filed (ECF) Appellant Everglades College, Inc. Mediation Questionnaire. Date of service: 01/24/2023. [12637480] [23-15049] (Panuccio, Jesse) [Entered: 01/24/2023 02:37 PM] |
| Filing 3 Added Attorney(s) Sean Janda for party(s) Appellee USEDU Appellee Miguel A. Cardona, in case 23-15049. [12632629] (JFF) [Entered: 01/18/2023 10:54 AM] |
| Filing 2 Filed (ECF) notice of appearance of Sean R. Janda (U.S. Department of Justice, Civil Division, Appellate Staff; 950 Pennsylvania Avenue NW, Room 7260; Washington, DC 20530) for Appellees Miguel A. Cardona and USEDU. Date of service: 01/18/2023. (Party was previously proceeding with counsel.) [12632516] [23-15049] (Janda, Sean) [Entered: 01/18/2023 10:00 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Everglades College, Inc. Mediation Questionnaire due on 01/24/2023. Transcript ordered by 02/13/2023. Transcript due 03/14/2023. Appellant Everglades College, Inc. opening brief due 04/24/2023. Appellees Tresa Apodaca, Chenelle Archibald, Miguel A. Cardona, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet and U.S. Department of Education answering brief due 05/24/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12631852] (RT) [Entered: 01/17/2023 03:04 PM] |
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