Lux, et al. v. Benavides, et al.
| CURTIS LUX, JUSTIN HYMES, KATHY WADKINS, AARON MATHIS, MICHAEL BATES, RICK GORDON and ISHMEL BYRD |
| ALLAN BENAVIDES, Allen Glickstein and SOUTHWEST CONCRETE PUMPING, LLC |
| 25-1571 |
| March 11, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 4, 2025. A more recent docket listing may be available from PACER.
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| Filing 32 Paper copies (6) of Answering Brief submitted at DE 30 by Appellees received. [Entered: 09/04/2025 03:42 PM] |
Filing 31
ORDER FILED. Answering Brief submitted at DE 30 by Appellees is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. According to court records, Appellants have not filed paper copies of the replacement opening brief [DE 22] as directed by the courts order filed on 07/30/2025 [DE 29]. Appellants are ordered to file 6 paper copies of the replacement opening brief bound with blue front cover pages, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically, for delivery to the court within 7 days of this order. The paper copies must be sent to the Clerks principal office. [Entered: 08/29/2025 03:44 PM]
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| Filing 30 ANSWERING BRIEF submitted for filing by Appellee Allan Benavides, Appellee Southwest Concrete Pumping, LLC. [Entered: 08/29/2025 02:27 PM] |
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Filing 29
ORDER FILED. Opening Brief submitted at DE 22 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 07/30/2025 02:30 PM]
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Filing 28
ORDER FILED. The motion (Docket Entry No. 20) to file a replacement opening brief is granted. The clerk will strike the opening brief at Docket Entry No. 12 and file the replacement opening brief at Docket Entry No. 22. The answering brief remains due August 29, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 07/30/2025 01:20 PM]
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Filing 27
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 25) granted, Streamlined Request for Extension of Time to File Brief (DE 26) granted. Amended briefing schedule: Answering Brief Due (Appellee) 8/29/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 07/28/2025 02:04 PM]
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| Filing 26 Streamlined Request for Extension of Time to File Brief filed by Appellee Allan Benavides, Appellee Southwest Concrete Pumping, LLC. [Entered: 07/28/2025 09:22 AM] |
| Filing 25 Streamlined Request for Extension of Time to File Brief filed by Appellee Allan Benavides, Appellee Southwest Concrete Pumping, LLC. [Entered: 07/28/2025 09:14 AM] |
| Filing 24 Paper copies (6) of Opening Brief submitted at DE 12 by Appellants received. [Entered: 07/18/2025 02:59 PM] |
| Filing 23 Paper copies (3) of Excerpts of Record in 3 Volumes and Index Volume submitted at DE 13 by Appellants received. [Entered: 07/18/2025 02:55 PM] [Edited: 07/18/2025 03:02 PM] |
| Filing 22 OPENING BRIEF submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[Court entered filing to correct DE 21] [Entered: 07/11/2025 10:52 AM] |
| Filing 21 DEFECTIVE --- SUPPLEMENT to Motion to File Replacement Brief (DE 20) filed by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[Wrong filing type, correct DE is 22] [Entered: 07/10/2025 09:40 PM] [Edited: 07/11/2025 10:54 AM] |
| Filing 20 MOTION to File Replacement Brief filed by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd. [Entered: 07/10/2025 09:33 PM] |
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Filing 19
ORDER FILED. Opening Brief submitted at DE 12 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 13 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 07/03/2025 11:28 AM]
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| Filing 18 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[Duplicate entry, correct entry is DE 13] [Entered: 07/02/2025 03:08 PM] [Edited: 07/03/2025 11:21 AM] |
| Filing 17 DEFECTIVE --- OPENING BRIEF submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[Duplicate entry, correct entry is DE 12] [Entered: 07/02/2025 03:05 PM] [Edited: 07/03/2025 11:21 AM] |
| Filing 16 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[Duplicate entry, correct entry is DE 13] [Entered: 06/30/2025 03:54 PM] [Edited: 07/03/2025 11:20 AM] |
| Filing 15 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[Duplicate entry, correct entry is DE 13] [Entered: 06/30/2025 03:53 PM] [Edited: 07/03/2025 11:20 AM] |
| Filing 14 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[Duplicate entry, correct entry is DE 13] [Entered: 06/30/2025 03:52 PM] [Edited: 07/03/2025 11:20 AM] |
| Filing 13 EXCERPTS OF RECORD submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[COURT UPDATE: Corrected excerpts attached as of 7/3/2025, REPLACING original attachment] [Entered: 06/30/2025 03:50 PM] [Edited: 07/03/2025 11:19 AM] |
| Filing 12 STRICKEN PER DE 28 OPENING BRIEF submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd.--[COURT UPDATE: Corrected PDF attached as of 7/3/2025, REPLACING original attachment] [Entered: 06/30/2025 03:46 PM] [Edited: 07/30/2025 01:23 PM] |
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Filing 11
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 10) granted. Amended briefing schedule: Opening Brief Due (Appellant) 6/30/2025, Answering Brief Due (Appellee) 7/30/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 05/28/2025 04:12 PM]
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| Filing 10 Streamlined Request for Extension of Time to File Brief filed by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd. [Entered: 05/28/2025 03:24 PM] |
| Filing 9 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. [Entered: 04/30/2025 10:51 AM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 4/30/2025, 10:30 am Pacific Time. Each participant will receive an email with dial-in instructions. [Entered: 04/21/2025 11:53 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 4/17/2025, 2:30 pm Pacific Time. Each participant will receive an email with dial-in instructions. [Entered: 04/04/2025 09:29 AM] |
| Filing 6 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Mediation Conference Call 4/3/2025, 2:30 p.m. Pacific Time (originally 04/03/2025, 11:00 a.m.). Each participant will receive an email modifying the dial-in information. [Entered: 03/27/2025 10:46 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 04/03/2025, 11:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 03/20/2025 10:04 AM] |
| Filing 4 NOTICE of Transcript Designation filed by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd. [Entered: 03/18/2025 03:49 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. 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. [Entered: 03/18/2025 02:03 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 3/17/2025, Appeal Transcript Order Due (Appellant) 3/20/2025, Appeal Transcript Due (Appellant) 4/21/2025, Appeal Opening Brief Due (Appellant) 5/29/2025, Appeal Answering Brief Due (Appellee) 6/30/2025. For appeal no. 25-1571, 2:23-cv-00839-MMD-NJK. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 03/11/2025 02:00 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-00839-MMD-NJK has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-1571 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 03/11/2025 01:50 PM] |
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