Assurance Wireless USA, L.P., et al v. Alice Reynolds, et al
| ASSURANCE WIRELESS USA, L.P., METROPCS CALIFORNIA, LLC, SPRINT SPECTRUM LLC, T-MOBILE USA, INC. and T-MOBILE WEST LLC |
| ALICE B. REYNOLDS, President of the California Public Utilities Commission, in her official capacity, KAREN DOUGLAS, Commissioner of the California Public Utilities Commission, in her official capacity, DARCIE L. HOUCK, Commissioner of the California Public Utilities Commission, in her official capacity, JOHN REYNOLDS, Commissioner of the California Public Utilities Commission, in his official capacity and GENEVIEVE SHIROMA, Commissioner of the California Public Utilities Commission, in her official capacity |
| MULTICULTURAL MEDIA, TELECOM AND INTERNET COUNCIL, ALLVANZA, CALIFORNIA HAWAII STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, and LATINO JUSTICE PRLDEF |
| 23-15490 |
| April 4, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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 ASSURANCE WIRELESS USA, L.P. V. ALICE REYNOLDS
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Docket Report
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This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 Filed clerk order: The answering brief [ # 25 ] 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 supplemental excerpts of record [ # 26 ] submitted by appellees 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. [12726313] (KWG) [Entered: 06/01/2023 09:23 AM] |
| Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Alice B. Reynolds, Karen Douglas, Darcie L. Houck, John Reynolds and Genevieve Shiroma. Date of service: 05/30/2023. [12724987] [23-15490]--[COURT UPDATE: Attached corrected PDF of the excerpts. 06/01/2023 by KWG] (Fermino, David) [Entered: 05/30/2023 04:48 PM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellees Alice B. Reynolds, Karen Douglas, Darcie L. Houck, John Reynolds and Genevieve Shiroma. Date of service: 05/30/2023. [12724984] [23-15490]--[COURT UPDATE: Attached corrected PDF of the brief. 06/01/2023 by KWG] (Fermino, David) [Entered: 05/30/2023 04:46 PM] |
| Filing 24 Received 6 paper copies of Amicus Brief [ # 21 ] filed by Multicultural Media. [12717556] (MAE) [Entered: 05/17/2023 11:55 AM] |
| Filing 23 Filed clerk order (Deputy Clerk: MCD): The motion of Multicultural Media, Telecom and Internet Council, et al., for leave to file an amicus curiae brief (Docket Entry No. [ # 21 ] ) and any responses are referred for resolution to the panel that will consider the merits of the case. Within 7 days after the date of this order, amicus curiae is ordered to file 6 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the courts website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119- 3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12715793] (RT) [Entered: 05/15/2023 12:26 PM] |
| Filing 22 Entered appearance of Amicus Curiae - Pending Multicultural Media, et al.. [12712475] (KWG) [Entered: 05/09/2023 03:35 PM] |
| Filing 21 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Multicultural Media, Telecom and Internet Council, ALLvanza, the California Hawaii State Conference of the National Association for the Advancement of Colored People and LatinoJustice PRLDEF. Date of service: 05/08/2023. [12711470] [23-15490]--[COURT UPDATE: Separated PDF of the motion and brief. 05/09/2023 by KWG] (Raykin, Alla) [Entered: 05/08/2023 05:12 PM] |
| Filing 20 Received 3 paper copies of excerpts of record [ # 15 ] in 3 volume(s) and index volume filed by appellants. [12710848] (NAR) [Entered: 05/08/2023 12:22 PM] |
| Filing 19 Received 6 paper copies of Opening Brief [ # 14 ] filed by appellants. [12710845] (NAR) [Entered: 05/08/2023 12:18 PM] |
| Filing 18 Filed clerk order: The opening brief [ # 14 ] 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 [ # 15 ] 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. [12707885] (KWG) [Entered: 05/03/2023 10:47 AM] |
| Filing 17 Added Attorney(s) Ben Fabens-Lassen for party(s) Appellant Assurance Wireless USA, L.P., Sprint Spectrum LLC, T-Mobile West LLC, T-Mobile USA, Inc. and MetroPCS California, LLC, in case 23-15490. [12707261] (BJK) [Entered: 05/02/2023 01:51 PM] |
| Filing 16 Filed (ECF) notice of appearance of Ben C. Fabens-Lassen (DLA Piper LLP (US), 2000 Avenue of the Stars, Suite 400, Los Angeles, CA 90067) for Appellants Assurance Wireless USA, L.P., MetroPCS California, LLC, Sprint Spectrum LLC, T-Mobile USA, Inc. and T-Mobile West LLC. Date of service: 05/02/2023. (Party was previously proceeding with counsel.) [12706957] [23-15490] (Fabens-Lassen, Ben) [Entered: 05/02/2023 09:54 AM] |
| Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellants Assurance Wireless USA, L.P., MetroPCS California, LLC, Sprint Spectrum LLC, T-Mobile USA, Inc. and T-Mobile West LLC. Date of service: 05/01/2023. [12706759] [23-15490]--[COURT UPDATE: Attached corrected PDF of vols 1-3 and index vol. 05/03/2023 by KWG] (Karanjia, Peter) [Entered: 05/01/2023 07:06 PM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellants Assurance Wireless USA, L.P., MetroPCS California, LLC, Sprint Spectrum LLC, T-Mobile USA, Inc. and T-Mobile West LLC. Date of service: 05/01/2023. [12706758] [23-15490]--[COURT UPDATE: Attached corrected PDF of the brief. 05/03/2023 by KWG] (Karanjia, Peter) [Entered: 05/01/2023 07:04 PM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12703447] (BLS) [Entered: 04/26/2023 01:03 PM] |
| Filing 12 Filed order (RICHARD A. PAEZ and PAUL J. WATFORD) : Appellants emergency motion (Docket Entry No. [ # 7 ] ) for a stay or injunction pending appeal is denied. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The briefing schedule established previously remains in effect. [12699000] (RT) [Entered: 04/19/2023 04:30 PM] |
| Filing 11 MEDIATION ORDER FILED: By 04/26/2023, 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. [12698844] (BLS) [Entered: 04/19/2023 02:59 PM] |
| Filing 10 Filed (ECF) Appellants Assurance Wireless USA, L.P., MetroPCS California, LLC, Sprint Spectrum LLC, T-Mobile USA, Inc. and T-Mobile West LLC reply to response (). Date of service: 04/17/2023. [12697239] [23-15490] (Karanjia, Peter) [Entered: 04/17/2023 06:08 PM] |
| Filing 9 Filed (ECF) Appellees Karen Douglas, Darcie L. Houck, Alice B. Reynolds, John Reynolds and Genevieve Shiroma response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 04/14/2023. [12696084] [23-15490] (Fermino, David) [Entered: 04/14/2023 03:43 PM] |
| Filing 8 Filed order (RICHARD A. PAEZ and PAUL J. WATFORD): Appellants request for an immediate administrative stay (contained in Docket Entry No. [ # 7 ]) is denied. Appellees response to the motion for a stay or injunction pending appeal is due April 14, 2023. Appellants optional reply is due April 17, 2023. The existing briefing schedule remains in effect. [12693356] (AF) [Entered: 04/11/2023 11:47 AM] |
| Filing 7 Filed (ECF) Appellants Assurance Wireless USA, L.P., MetroPCS California, LLC, Sprint Spectrum LLC, T-Mobile USA, Inc. and T-Mobile West LLC EMERGENCY Motion for injunction pending appeal. Date of service: 04/10/2023. [12692400] [23-15490] (Karanjia, Peter) [Entered: 04/10/2023 01:30 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 04/07/2023. 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.[12691340]. [23-15490] (AD) [Entered: 04/07/2023 12:44 PM] |
| Filing 5 Filed (ECF) Appellants Assurance Wireless USA, L.P., MetroPCS California, LLC, Sprint Spectrum LLC, T-Mobile USA, Inc. and T-Mobile West LLC Mediation Questionnaire. Date of service: 04/07/2023. [12690920] [23-15490] (Karanjia, Peter) [Entered: 04/07/2023 09:05 AM] |
| 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.[12690877]. [23-15490] (AD) [Entered: 04/06/2023 06:44 PM] |
| Filing 3 Filed (ECF) Appellees Karen Douglas, Darcie L. Houck, Alice B. Reynolds, John Reynolds and Genevieve Shiroma Mediation Questionnaire. Date of service: 04/06/2023. [12690787] [23-15490] (Fermino, David) [Entered: 04/06/2023 03:47 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed April 3, 2023 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later than May 1, 2023; the answering brief is due May 30, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12688862] (AF) [Entered: 04/04/2023 02:14 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12688447] (RT) [Entered: 04/04/2023 09:52 AM] |
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| Search for this case: Assurance Wireless USA, L.P., et al v. Alice Reynolds, et al | |
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| Plaintiff / appellant: ASSURANCE WIRELESS USA, L.P. | |
| Represented By: | Peter Karanjia |
| Represented By: | Kathleen Kizer Esquire |
| Represented By: | Ben Fabens-Lassen |
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| Plaintiff / appellant: METROPCS CALIFORNIA, LLC | |
| Represented By: | Peter Karanjia |
| Represented By: | Kathleen Kizer Esquire |
| Represented By: | Ben Fabens-Lassen |
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| Plaintiff / appellant: SPRINT SPECTRUM LLC | |
| Represented By: | Peter Karanjia |
| Represented By: | Kathleen Kizer Esquire |
| Represented By: | Ben Fabens-Lassen |
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| Plaintiff / appellant: T-MOBILE USA, INC. | |
| Represented By: | Peter Karanjia |
| Represented By: | Kathleen Kizer Esquire |
| Represented By: | Ben Fabens-Lassen |
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| Plaintiff / appellant: T-MOBILE WEST LLC | |
| Represented By: | Kathleen Kizer Esquire |
| Represented By: | Peter Karanjia |
| Represented By: | Ben Fabens-Lassen |
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| Defendant / appellee: ALICE B. REYNOLDS, President of the California Public Utilities Commission, in her official capacity | |
| Represented By: | Jonathan Creekmore Koltz |
| Represented By: | Vanessa Baldwin |
| Represented By: | Ian Culver |
| Represented By: | David Wayne Fermino |
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| Defendant / appellee: KAREN DOUGLAS, Commissioner of the California Public Utilities Commission, in her official capacity | |
| Represented By: | Vanessa Baldwin |
| Represented By: | Ian Culver |
| Represented By: | David Wayne Fermino |
| Represented By: | Jonathan Creekmore Koltz |
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| Defendant / appellee: DARCIE L. HOUCK, Commissioner of the California Public Utilities Commission, in her official capacity | |
| Represented By: | Vanessa Baldwin |
| Represented By: | Ian Culver |
| Represented By: | David Wayne Fermino |
| Represented By: | Jonathan Creekmore Koltz |
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| Defendant / appellee: JOHN REYNOLDS, Commissioner of the California Public Utilities Commission, in his official capacity | |
| Represented By: | Vanessa Baldwin |
| Represented By: | Ian Culver |
| Represented By: | David Wayne Fermino |
| Represented By: | Jonathan Creekmore Koltz |
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| Defendant / appellee: GENEVIEVE SHIROMA, Commissioner of the California Public Utilities Commission, in her official capacity | |
| Represented By: | Vanessa Baldwin |
| Represented By: | Ian Culver |
| Represented By: | Jonathan Creekmore Koltz |
| Represented By: | David Wayne Fermino |
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| Amicus curiae: MULTICULTURAL MEDIA, TELECOM AND INTERNET COUNCIL, ALLVANZA, CALIFORNIA HAWAII STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, and LATINO JUSTICE PRLDEF | |
| Represented By: | Alla Raykin |
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