Theresa Sweet, et al v. Lincoln Educational Services Corp, 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 |
| LINCOLN EDUCATIONAL SERVICES CORPORATION, EVERGLADES COLLEGE, INC., 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 |
| 23-15050 |
| January 17, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 Filed (ECF) Appellant Lincoln Educational Services Corporation in 23-15050 response to motion ([ # 19 ] Motion and Response to Motion (ECF Filing), [ # 19 ] 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 20 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 19 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 ([ # 17 ] Motion (ECF Filing), [ # 17 ] 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 18 Filed (ECF) Appellees Miguel A. Cardona and USEDU in 23-15049, 23-15050, 23-15051 response to motion ([ # 17 ] Motion (ECF Filing), [ # 17 ] 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 17 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 16 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 15 Filed clerk order (Deputy Clerk: GS): The unopposed motions (Docket Entry No. [ # 12642607-2 ] in No. 23-15049; Docket Entry No. [ # 13 ] 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 14 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 13 Filed (ECF) Appellant Lincoln Educational Services Corporation Unopposed Motion to consolidate cases 23-15049, 23-15050, 23-15051. Date of service: 01/30/2023. [12642603] [23-15050] (Townsend, Lucas) [Entered: 01/30/2023 05:54 PM] |
| Filing 12 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 11 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.[12637820]. [23-15050] (AD) [Entered: 01/24/2023 07:00 PM] |
| Filing 10 Filed (ECF) Appellant Lincoln Educational Services Corporation Mediation Questionnaire. Date of service: 01/24/2023. [12637383] [23-15050] (Worden, Katherine) [Entered: 01/24/2023 02:06 PM] |
| Filing 9 Added Attorney(s) Katherine Worden for party(s) Appellant Lincoln Educational Services Corporation, in case 23-15050. [12635611] (NAC) [Entered: 01/23/2023 09:31 AM] |
| Filing 8 Filed (ECF) notice of appearance of Katherine M. Worden (Gibson, Dunn & Crutcher LLP 555 Mission Street, San Francisco, CA 94105-0921) for Appellant Lincoln Educational Services Corporation. Date of service: 01/23/2023. (Party was previously proceeding with counsel.) [12635598] [23-15050] (Worden, Katherine) [Entered: 01/23/2023 09:27 AM] |
| Filing 7 Added Attorney(s) Sean Janda for party(s) Appellee USEDU Appellee Miguel A. Cardona. [12633641] (RL) [Entered: 01/19/2023 10:16 AM] |
| Filing 6 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: 01/19/2023. (Party was previously proceeding with counsel.) [12633632] [23-15050] (Janda, Sean) [Entered: 01/19/2023 10:14 AM] |
| Filing 5 Added Attorney(s) James Louis Zelenay Jr., Lucas C. Townsend, Jeffrey Liu for party(s) Appellant Lincoln Educational Services Corporation. [12632817] (RL) [Entered: 01/18/2023 12:19 PM] |
| Filing 4 Filed (ECF) notice of appearance of Jeffrey Liu (Gibson Dunn & Crutcher LLP, 1050 Connecticut Avenue, N.W., Washington, D.C. 20036) for Appellant Lincoln Educational Services Corporation. Date of service: 01/18/2023. (Party was previously proceeding with counsel.) [12632805] [23-15050] (Liu, Jeffrey) [Entered: 01/18/2023 12:11 PM] |
| Filing 3 Filed (ECF) notice of appearance of James L. Zelenay, Jr. (Gibson Dunn & Crutcher LLP, 333 South Grand Avenue, Los Angeles, CA 90071) for Appellant Lincoln Educational Services Corporation. Date of service: 01/18/2023. (Party was previously proceeding with counsel.) [12632795] [23-15050] (Zelenay, James) [Entered: 01/18/2023 12:09 PM] |
| Filing 2 Filed (ECF) notice of appearance of Lucas C. Townsend (Gibson Dunn & Crutcher LLP, 1050 Connecticut Avenue, N.W., Washington, D.C., 20036) for Appellant Lincoln Educational Services Corporation. Date of service: 01/18/2023. (Party was previously proceeding with counsel.) [12632789] [23-15050] (Townsend, Lucas) [Entered: 01/18/2023 12:06 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Lincoln Educational Services Corporation Mediation Questionnaire due on 01/24/2023. Transcript ordered by 02/13/2023. Transcript due 03/14/2023. Appellant Lincoln Educational Services Corporation 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. [12631912] (RT) [Entered: 01/17/2023 03:27 PM] |
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