Michael Terpin v. AT and T Mobility LLC, et al
| DOES, 1-10 |
| MICHAEL TERPIN |
| AT AND T MOBILITY LLC |
| ELECTRONIC PRIVACY INFORMATION CENTER, NATIONAL CONSUMERS LEAGUE and CTIA - THE WIRELESS ASSOCIATION |
| 23-55375 |
| April 24, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 53 Received 6 paper copies of Reply Brief [ # 51 ] filed by Michael Terpin. [12827892] (SD) [Entered: 11/22/2023 12:10 PM] |
| Filing 52 Filed clerk order: The reply brief [ # 51 ] submitted by Michael Terpin 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. [12825406] (KWG) [Entered: 11/16/2023 04:24 PM] |
| Filing 51 Submitted (ECF) Reply Brief for review. Submitted by Appellant Michael Terpin. Date of service: 11/15/2023. [12824751] [23-55375] (Toohey, Timothy) [Entered: 11/15/2023 04:28 PM] |
| Filing 50 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for March 2024 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.[12818968]. [23-55375] (KS) [Entered: 11/02/2023 11:41 AM] |
| Filing 49 Received 3 paper copies of excerpts of record [ # 10 ], [ # 39 ], [ # 40 ] in 11 volume(s) and index volume filed by Michael Terpin. Volume 10 filed UNDER SEAL. [12808111] (CPA) [Entered: 10/11/2023 01:43 PM] |
| Filing 48 Received 6 paper copies of Opening Brief [ # 38 ] filed by Michael Terpin. [12808078] (CPA) [Entered: 10/11/2023 01:25 PM] |
| Filing 47 Received 6 paper copies of Answering Brief [ # 27 ] filed by AT and T Mobility LLC. [12807610] (SD) [Entered: 10/10/2023 04:40 PM] |
| Filing 46 Received 3 paper copies of supplemental excerpts of record [ # 28 ] in 1 volume filed by Appellee AT and T Mobility LLC. [12807607] (SD) [Entered: 10/10/2023 04:38 PM] |
| Filing 45 Filed (ECF) Attorney Mr. Marcellus Antonio McRae, Esquire for Appellee AT and T Mobility LLC response to notice for case being considered for oral argument. Date of service: 10/09/2023. [12806630] [23-55375] (McRae, Marcellus) [Entered: 10/09/2023 11:48 AM] |
| Filing 44 Received 6 paper copies of Amicus Brief [ # 32 ] filed by CTIA. [12805397] (SD) [Entered: 10/05/2023 02:17 PM] |
| Filing 43 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 2024 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.[12804574]. [23-55375] (KS) [Entered: 10/04/2023 02:41 PM] |
| Filing 42 Filed clerk order: The answering brief [ # 27 ] submitted by AT and T Mobility LLC 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 [ # 28 ] submitted by AT and T Mobility LLC 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. [12803870] (KWG) [Entered: 10/04/2023 08:12 AM] |
| Filing 41 Filed clerk order: The opening brief [ # 38 ] submitted by Michael Terpin 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 [ # 10 ], [ # 39 ], [40] submitted by Michael Terpin are filed. Volume 10 filed UNDER SEAL. 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. [12803861] (KWG) [Entered: 10/04/2023 08:04 AM] |
| Filing 40 Submitted (ECF) UNDER SEAL excerpts of record Volume 10. Submitted by Appellant Michael Terpin. Date of service: 07/26/2023. (Court-entered filing, excerpts of record originally submitted in [ # 9 ].) [12803847] (JMR) [Entered: 10/04/2023 07:49 AM] |
| Filing 39 Submitted (ECF) excerpts of record Volumes 9 and 11. Submitted by Appellant Michael Terpin. Date of service: 07/26/2023. (Court-entered filing, excerpts of record originally submitted in [ # 9 ].) [12803846] (JMR) [Entered: 10/04/2023 07:48 AM] |
| Filing 38 Submitted (ECF) Opening Brief for review. Submitted by Appellant Michael Terpin. Date of service: 07/26/2023. (Court-entered filing, brief originally submitted in [ # 9 ].) [12803845] (JMR) [Entered: 10/04/2023 07:47 AM] |
| Filing 37 Filed order (Appellate Commissioner): Appellant filed a notice of intent to file publicly the opening brief and Volumes 9 through 11 of the excerpts of record (Docket Entry No. [ # 9 ]). See 9th Cir. R. 27-13(f). Appellees opposed motion (Docket Entry No. [ # 21 ]) to file under seal portions of Volume 10 of the excerpts of record is granted, subject to reconsideration by the merits panel. The Clerk will unseal the notice (Docket Entry No. [ # 9 ]-1) and file publicly the motion to seal and supporting declarations (Docket Entry No. [ # 21 ]), the opening brief and addenda (Docket Entry Nos. [ # 9 ]-2, [ # 9 ]-3, [ # 9 ]-4,[ # 9 ]-5), and Volumes 1 through 9 and Volume 11 of the excerpts of record (Docket Entry Nos. [ # 10 ], [ # 9 ]-6, [ # 9 ]- 8). The Clerk will also file publicly the answering brief (Docket Entry No. [ # 27 ]) and Volume 1 of the supplemental excerpts of record (Docket Entry No. [ # 28 ]). The Clerk will file under seal Volume 10 of the excerpts of record (Docket Entry No. [ # 9 ]-7). The Clerk will also maintain under seal the response to the motion and supporting declaration (Docket Entry No. [ # 22 ]). The optional reply brief remains due November 15, 2023. (Staff Attorney Office) [12803844] (JMR) [Entered: 10/04/2023 07:44 AM] |
| Filing 36 Filed Appellee AT and T Mobility LLC motion to file portions of excerpts of record Volume 10 UNDER SEAL. Deficiencies: None. Served on 08/25/2023. [12803840] (Court-entered filing of motion submitted under seal at [ # 21 ]) (JMR) [Entered: 10/04/2023 07:40 AM] |
| Filing 35 Filed (ECF) notice of filing document ([ # 9 ]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellant Michael Terpin. Date of service: 07/26/2023. (Court-entered filing) [12803837] (JMR) [Entered: 10/04/2023 07:36 AM] |
| Filing 34 Filed clerk order: The amicus brief [ # 32 ] submitted by CTIA 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12803164] (KWG) [Entered: 10/03/2023 10:31 AM] |
| Filing 33 Entered appearance of Amicus Curiae CTIA. [12803160] (KWG) [Entered: 10/03/2023 10:28 AM] |
| Filing 32 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by CTIA - The Wireless Association. Date of service: 10/02/2023. [12802827] [23-55375] (Turner, Joshua) [Entered: 10/02/2023 04:27 PM] |
| Filing 31 Deleted Incorrect Entry. [12800413] (KWG) [Entered: 09/28/2023 09:44 AM] |
| Filing 30 Streamlined request [29] by Appellant Michael Terpin to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 11/15/2023. [12800036] (DR) [Entered: 09/27/2023 02:11 PM] |
| Filing 29 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Michael Terpin. New requested due date is 11/15/2023. [12799622] [23-55375] (Toohey, Timothy) [Entered: 09/27/2023 09:06 AM] |
| Filing 28 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee AT and T Mobility LLC. Date of service: 09/25/2023. [12798758] [23-55375]--[COURT UPDATE: Attached corrected PDF of the excerpts. 09/28/2023 by KWG] (Ho, Allyson) [Entered: 09/25/2023 06:29 PM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellee AT and T Mobility LLC. Date of service: 09/25/2023. [12798756] [23-55375]--[COURT UPDATE: Attached corrected PDF of the brief. 09/28/2023 by KWG] (Ho, Allyson) [Entered: 09/25/2023 06:23 PM] |
| Filing 26 Added Attorney(s) Allyson Newton Ho, Michael Adam Zarian for party(s) Appellee AT and T Mobility LLC, in case 23-55375. [12797305] (QDL) [Entered: 09/22/2023 01:02 PM] |
| Filing 25 Filed (ECF) notice of appearance of Michael A. Zarian (Gibson, Dunn & Crutcher LLP 2001 Ross Avenue, Suite 2001 Dallas, Texas 75201) for Appellee AT and T Mobility LLC. Date of service: 09/22/2023. (Party was previously proceeding with counsel.) [12797296] [23-55375] (Zarian, Michael) [Entered: 09/22/2023 12:48 PM] |
| Filing 24 Filed (ECF) notice of appearance of Allyson N. Ho (Gibson, Dunn & Crutcher LLP 2001 Ross Avenue, Suite 2001 Dallas, Texas 75201) for Appellee AT and T Mobility LLC. Date of service: 09/22/2023. (Party was previously proceeding with counsel.) [12797287] [23-55375] (Ho, Allyson) [Entered: 09/22/2023 12:38 PM] |
| Filing 23 Filed (ECF) Appellee AT and T Mobility LLC reply to response (). Date of service: 09/01/2023. [12785696] [23-55375] (Johnson, Ashley) [Entered: 09/01/2023 04:02 PM] |
| Filing 22 Filed (ECF) UNDER SEAL Appellant Michael Terpin notice of filing document under seal. Type of document: other (Appellant's Response to Appellee AT&T's Motion to Maintain Records Under Seal; Declaration of Timothy J. Toohey; Proof of Service). Date of service: 08/25/2023. [12781377] [23-55375] (Toohey, Timothy) [Entered: 08/25/2023 07:12 PM] |
| Filing 21 Filed (ECF) UNDER SEAL Appellee AT and T Mobility LLC motion to maintain document under seal. Date of service: 08/16/2023. [12775635] [23-55375] (Johnson, Ashley) [Entered: 08/16/2023 04:18 PM] |
| Filing 20 Received 6 paper copies of Amicus Brief [ # 17 ] filed by Electronic Privacy Information Center and National Consumers League. [12770496] (SD) [Entered: 08/08/2023 01:55 PM] |
| Filing 19 Filed clerk order: The amicus brief [ # 17 ] submitted by Electronic Privacy Information Center and National Consumers League 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12767310] (KWG) [Entered: 08/03/2023 10:06 AM] |
| Filing 18 Entered appearance of Amici Curiae Electronic Privacy Information Center and National Consumers League. [12767308] (KWG) [Entered: 08/03/2023 10:05 AM] |
| Filing 17 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Electronic Privacy Information Center & National Consumers League. Date of service: 08/02/2023. [12767113] [23-55375] (Iorio, Megan) [Entered: 08/02/2023 08:10 PM] |
| Filing 16 Streamlined request [15] by Appellee AT and T Mobility LLC to extend time to file the brief is approved. Amended briefing schedule: Appellee AT and T Mobility LLC answering brief due 09/25/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12764499] (DR) [Entered: 07/28/2023 03:50 PM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee AT and T Mobility LLC. New requested due date is 09/22/2023. [12764442] [23-55375] (Johnson, Ashley) [Entered: 07/28/2023 03:14 PM] |
| Filing 14 Added Attorney(s) Emily Avazian for party(s) Appellant Michael Terpin, in case 23-55375. [12763497] (QDL) [Entered: 07/27/2023 12:08 PM] |
| Filing 13 Filed (ECF) notice of appearance of Emily Grace Avazian (Greenberg Glusker Fields Claman & Machtinger LLP; 2049 Century Park East; Suite 2600; Los Angeles, CA 90067) for Appellant Michael Terpin. Date of service: 07/27/2023. (Party was previously proceeding with counsel.) [12763495] [23-55375] (Avazian, Emily) [Entered: 07/27/2023 12:05 PM] |
| Filing 12 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [9]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellant Michael Terpin. Date of service: 07/26/2023. [12763062] [23-55375] (Toohey, Timothy) [Entered: 07/26/2023 06:05 PM] |
| Filing 11 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [9]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellant Michael Terpin. Date of service: 07/26/2023. [12763059] [23-55375] (Toohey, Timothy) [Entered: 07/26/2023 06:01 PM] |
| Filing 10 Submitted (ECF) excerpts of record. Submitted by Appellant Michael Terpin. Date of service: 07/26/2023. [12763058] [23-55375] (Toohey, Timothy) [Entered: 07/26/2023 05:55 PM] |
| Filing 9 Filed (ECF) UNDER SEAL Appellant Michael Terpin notice of intent to unseal previously sealed material. Material: other (Appellant's opening brief and Excerpts of Record volumes 9-11). Date of service: 07/26/2023. [12763056] [23-55375]--[COURT UPDATE: Attached brief with certifcate and attached addenda, filed in [11]. 07/28/2023 by KWG] (Toohey, Timothy) [Entered: 07/26/2023 05:50 PM] |
| Filing 8 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12737354] (BLS) [Entered: 06/15/2023 04:52 PM] |
| Filing 7 Streamlined request [6] by Appellant Michael Terpin to extend time to file the brief is approved. Amended briefing schedule: Appellant Michael Terpin opening brief due 07/26/2023. Appellee AT and T Mobility LLC answering brief due 08/25/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12735302] (DR) [Entered: 06/13/2023 06:11 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Michael Terpin. New requested due date is 07/26/2023. [12735297] [23-55375] (Toohey, Timothy) [Entered: 06/13/2023 05:47 PM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 06/14/2023, 11:30 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12729189] (BLS) [Entered: 06/05/2023 05:09 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 05/22/2023. 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.[12720701]. [23-55375] (AD) [Entered: 05/22/2023 06:44 PM] |
| Filing 3 Filed (ECF) Appellant Michael Terpin Mediation Questionnaire. Date of service: 05/22/2023. [12720686] [23-55375] (Toohey, Timothy) [Entered: 05/22/2023 06:08 PM] |
| Filing 2 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12720615] (BLS) [Entered: 05/22/2023 04:39 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Michael Terpin Mediation Questionnaire due on 05/01/2023. Appellant Michael Terpin opening brief due 06/26/2023. Appellee AT and T Mobility LLC answering brief due 07/26/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12701431] (RT) [Entered: 04/24/2023 12:00 PM] |
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