Nancy Hearden, et al v. Shlomo Rechnitz, et al
| NANCY HEARDEN, JOHANNA TRENERRY, IRENE KELLEY, SALLY KELLEY, MATTHEW TRENERRY, BEVERLY FULLER, ANTHONY TRENNERY, SHARON MCMAINES, JANIS BODINE, DENNIS MCMAINES, DARLYN DULANEY, KARLENE WALLACE, JEREMIAH BOENINGER, SANDRA BRYANT, TAMARA DUKES, ROBERT RATHER, LARRY RIGGS, ROBERT RIGGS, SALLY SORENSON, TERRIE CALLAWAY, ROBERT GUTIERRES, DELORES GUTIERRES, CARYL ENDICOTT, DAMON WHITE, CAROLYN SILVA, PAMELA SANTOS, GARY MATTOS, GORDON FARMER, SCOTT FARMER, CHARLES BALDING, LEONARD BALDING, RONALD FRISBEY and WILLIAM TRENERRY |
| SHLOMO RECHNITZ, BRIUS MANAGEMENT CO., BRIUS, LLC, WINDSOR REDDING CARE CENTER, LLC, LEE SAMSON and S&F MANAGEMENT COMPANY |
| 23-15452 |
| March 27, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Property Damage |
Docket Report
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| Filing 27 Filed clerk order (Deputy Clerk: MCD): Appellants motion (Docket Entry No. [ # 21 ] ) to withdraw the opening brief in No. 23-15195 is granted. The Clerk will strike the opening brief submitted at Docket Entry No. [ # 12718081-4 ] and the errata filed at Docket Entry No. [ # 12718909-4 ] . Pursuant to appellants motion, the opening brief submitted at Docket Entry No. [ # 13 ] is considered the consolidated opening brief for Nos. 23-15195 and 23-15452. Appellants motion (Docket Entry No. [ # 18 ] ) for an extension of time to file paper copies of the opening brief is granted. The paper copies of the opening brief submitted at Docket Entry No. 22 have been received. The answering brief has been filed. The optional consolidated reply brief remains due August 16, 2023. [12749272] [23-15195, 23-15452] (RT) [Entered: 07/05/2023 04:16 PM] |
| Filing 26 Streamlined request [25] by Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC in 23-15195, 23-15452 to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 08/16/2023. [12748872] [23-15195, 23-15452] (DR) [Entered: 07/05/2023 01:24 PM] |
| Filing 25 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC in 23-15195, 23-15452. New requested due date is 08/16/2023. [12748758] [23-15195, 23-15452] (Lawrence, Jeremy) [Entered: 07/05/2023 12:24 PM] |
| Filing 24 Received 6 paper copies of Answering Brief [ # 22 ] filed by Appellees. [12746885] [23-15195, 23-15452] (SD) [Entered: 06/30/2023 02:19 PM] |
| Filing 23 Filed clerk order: The answering brief [ # 22 ] submitted by appellees 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 paper copies shall be submitted to the principal office of the Clerk. [12743628] [23-15195, 23-15452] (KWG) [Entered: 06/27/2023 09:41 AM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellees Charles Balding, Leonard Balding, Janis Bodine, Jeremiah Boeninger, Sandra Bryant, Terrie Callaway, Tamara Dukes, Darlyn Dulaney, Caryl Endicott, Gordon Farmer, Scott Farmer, Ronald Frisbey, Beverly Fuller, Delores Gutierres, Robert Gutierres, Nancy Hearden, Irene Kelley, Sally Kelley, Gary Mattos, Dennis McMaines, Sharon McMaines, Robert Rather, Larry Riggs, Robert Riggs, Pamela Santos, Carolyn Silva, Sally Sorenson, William Trenerry, Anthony Trennery, Karlene Wallace, Damon White, Johanna Trenerry and Matthew Trenerry in 23-15195, 23-15452. Date of service: 06/26/2023. [12742827] [23-15195, 23-15452] (Pulver, Adam) [Entered: 06/26/2023 12:09 PM] |
| Filing 21 Filed (ECF) Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC in 23-15195, 23-15452 Unopposed Motion to strike whole of Opening Brief and Excerpts of Record filed in Case No. 23-15195 on May 17, 2023 and May 18, 2023, Motion for miscellaneous relief [Alternatively, Motion to Withdraw Opening Brief and Excerpts of Record filed in Case No. 23-15195 on May 17, 2023 and May 18, 2023]. Date of service: 06/13/2023. [12734863] [23-15195, 23-15452] (Lawrence, Jeremy) [Entered: 06/13/2023 12:19 PM] |
| Filing 20 Received 3 paper copies of excerpts of record [ # 14 ] in 3 volume(s) and index volume filed by appellants in 23-15452. [12733402] [23-15195, 23-15452] (NAR) [Entered: 06/12/2023 09:39 AM] |
| Filing 19 Received 6 paper copies of Opening Brief [ # 13 ] filed by appellants in 23-15452. [12733399] [23-15195, 23-15452] (NAR) [Entered: 06/12/2023 09:38 AM] |
| Filing 18 Filed (ECF) Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, Windsor Redding Care Center, LLC, S&F Management Company and Lee Samson in 23-15195, 23-15452 Unopposed Motion to extend time to comply with the order dated 05/30/2023. Date of service: 06/06/2023. [12730208] [23-15195, 23-15452] (Lawrence, Jeremy) [Entered: 06/06/2023 03:30 PM] |
| Filing 17 Received 6 paper copies of Opening Brief [ # 12718081-2 ] filed by appellants. [12726606] [23-15195, 23-15452] (MAE) [Entered: 06/01/2023 12:54 PM] |
| Filing 16 Filed clerk order: The opening brief [ # 13 ] submitted by appellants in 23-15452 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 [ # 14 ] submitted by appellants in 23-15452 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. [12724812] [23-15195, 23-15452]--[COURT UPDATE: Updated docket text to reflect correct case number. 06/01/2023 by KWG] (KWG) [Entered: 05/30/2023 03:36 PM] |
| Filing 15 Received 3 paper copies of excerpts of record [ # 12718083-2 ] in 3 volume(s) and index volume filed by appellants. [12724311] [23-15195, 23-15452] (CPA) [Entered: 05/30/2023 11:25 AM] |
| Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC in 23-15452, 23-15195. Date of service: 05/26/2023. [12723937] [23-15452, 23-15195] (Lawrence, Jeremy) [Entered: 05/26/2023 10:05 PM] |
| Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC in 23-15452, 23-15195. Date of service: 05/26/2023. [12723892] [23-15452, 23-15195] (Lawrence, Jeremy) [Entered: 05/26/2023 08:22 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 12718081-2 ] submitted by appellants 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 [ # 12718083-2 ] submitted by appellants 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. [12721163] [23-15195, 23-15452] (KWG) [Entered: 05/23/2023 01:22 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: MCD): Appellants unopposed motion (Docket Entry No. [ # 12712487-2 ]) to consolidate is granted. Nos. 23-15195 and 23-15452 are consolidated. Appellants request (included in Docket Entry No. [ # 12712487-2 ]) for an extension of time to file the opening brief for No. 23-15195 is granted. The Clerk will file the opening brief submitted at Docket Entry No. [ # 12718081-2 ]. The opening brief for No. 23-15452 remains due May 26, 2023. The consolidated answering brief is due June 26, 2023. The optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. [12720600] [23-15195, 23-15452] (AF) [Entered: 05/22/2023 04:29 PM] |
| Filing 10 Filed (ECF) Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC Unopposed Motion to consolidate cases 23-15195 and 23-15452. Date of service: 05/10/2023. [12712863] [23-15452] (Lawrence, Jeremy) [Entered: 05/10/2023 10:38 AM] |
| Filing 9 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12711016] (VS) [Entered: 05/08/2023 01:59 PM] |
| Filing 8 MEDIATION ORDER FILED: By 04/24/2023, 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 schedule remains in effect. SEE ORDER FOR DETAILS. [12693933] (VS) [Entered: 04/12/2023 09:03 AM] |
| Filing 7 Attorney Joshua Sable substituted by Attorney Jeremy Andrew Lawrence. [12693005] (RL) [Entered: 04/11/2023 09:20 AM] |
| Filing 6 Filed (ECF) notice of appearance of Jeremy Andrew Lawrence (Munger, Tolles & Olson LLP, 350 S. Grand Ave. 50th Floor, Los Angeles, CA 90071) for Appellants Lee Samson, Windsor Redding Care Center, LLC and S&F Management Company. Substitution for Attorney Joshua Sable for Appellants S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC. Date of service: 04/10/2023. (Party was previously proceeding with counsel.) [12692886] [23-15452] (Lawrence, Jeremy) [Entered: 04/10/2023 09:31 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 04/06/2023. 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.[12690879]. [23-15452] (AD) [Entered: 04/06/2023 06:44 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 04/06/2023. 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.[12690878]. [23-15452] (AD) [Entered: 04/06/2023 06:44 PM] |
| Filing 3 Filed (ECF) Appellants Brius, LLC, Brius Management Co. and Shlomo Rechnitz Mediation Questionnaire. Date of service: 04/06/2023. [12690870] [23-15452] (Lawrence, Jeremy) [Entered: 04/06/2023 05:37 PM] |
| Filing 2 Filed (ECF) Appellants Brius, LLC, Brius Management Co. and Shlomo Rechnitz Mediation Questionnaire. Date of service: 04/06/2023. [12690857] [23-15452] (Lawrence, Jeremy) [Entered: 04/06/2023 05:06 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC Mediation Questionnaire due on 04/03/2023. Appellants Brius Management Co., Brius, LLC, Shlomo Rechnitz, S&F Management Company, Lee Samson and Windsor Redding Care Center, LLC opening brief due 05/26/2023. Appellees Charles Balding, Leonard Balding, Janis Bodine, Jeremiah Boeninger, Sandra Bryant, Terrie Callaway, Tamara Dukes, Darlyn Dulaney, Caryl Endicott, Gordon Farmer, Scott Farmer, Ronald Frisbey, Beverly Fuller, Delores Gutierres, Robert Gutierres, Nancy Hearden, Irene Kelley, Sally Kelley, Gary Mattos, Dennis McMaines, Sharon McMaines, Robert Rather, Larry Riggs, Robert Riggs, Pamela Santos, Carolyn Silva, Sally Sorenson, Johanna Trenerry, Matthew Trenerry, William Trenerry, Anthony Trennery, Karlene Wallace and Damon White answering brief due 06/26/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12682762] (RT) [Entered: 03/27/2023 02:42 PM] |
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