Montera, et al. v. Premier Nutrition Company, LLC
| MARY BETH MONTERA, individually and on behalf of all others similarly situated and ERIC FISHON |
| PREMIER NUTRITION COMPANY, LLC, formerly known as Joint Juice, Inc. |
| 25-1743 |
| March 17, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 17 STATUS REPORT filed by Appellant Premier Nutrition Company, LLC. [25-1743, 25-2133] [Entered: 09/04/2025 10:32 AM] |
Filing 16
ORDER FILED. The motion (Docket Entry No. 14 in No. 25-1743) to stay appellate proceedings is granted. The briefing schedule is vacated. Appellate proceedings are stayed pending settlement proceedings or until further order of this court. Defendant must file a status report on September 4, 2025, and every 60 days thereafter while settlement proceedings are pending. Status reports should include any change in status and the estimated date of resolution, if known. Defendant must file a status report and motion for further relief within 7 days of the completion of settlement proceedings. Failure to file a status report may terminate the stay of appellate proceedings. [25-1743, 25-2133] [Entered: 07/09/2025 12:02 PM]
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| Filing 15 MOTION to Extend Time to File Brief filed by Appellant Premier Nutrition Company, LLC. [25-1743, 25-2133] [Entered: 07/08/2025 01:43 PM] |
| Filing 14 MOTION to Stay Proceedings in this Court filed by Appellant Premier Nutrition Company, LLC. [25-1743, 25-2133] [Entered: 07/02/2025 03:52 PM] |
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Filing 13
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 6) granted, Streamlined Request for Extension of Time to File Brief (DE 12) granted. Amended briefing schedule: Cross Appeal First Brief Due (Appellant) 7/9/2025, Cross Appeal Second Brief Due (Appellee) 8/8/2025, Cross Appeal Third Brief Due (Appellant) 9/8/2025, Optional Cross Appeal Reply Brief due 21 days after service of Cross Appeal Third Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [25-1743, 25-2133] [Entered: 05/28/2025 10:01 AM]
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| Filing 12 Streamlined Request for Extension of Time to File Brief filed by Appellant Premier Nutrition Company, LLC. [25-1743, 25-2133] [Entered: 05/28/2025 09:30 AM] |
| Filing 11 RELEASED FROM MEDIATION (text only). These cases are released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [25-1743, 25-2133] [Entered: 04/11/2025 03:17 PM] |
| Filing 10 MEDIATION QUESTIONNAIRE filed by Appellant Mary Beth Montera. 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. [25-2133, 25-1743] [Entered: 04/04/2025 12:48 PM] |
| Filing 9 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Mediation Conference Call 4/11/2025, 2:00 PM Pacific Time (originally 4/3/2025). Each participant will receive an email modifying the dial-in information. [25-1743, 25-2133] [Entered: 04/02/2025 05:39 PM] |
| Filing 8 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/7/2025, Cross Appeal First Brief Due 6/9/2025, Cross Appeal Second Brief Due 7/9/2025, Cross Appeal Third Brief Due 8/8/2025. For appeal no. 25-1743, 3:16-cv-06980-RS. 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 [25-2133, 25-1743] [Entered: 04/02/2025 04:14 PM] |
| Filing 7 CORRESPONDENCE filed by Appellant Premier Nutrition Company, LLC. [Court entered filing to correct DE 5] [Entered: 04/01/2025 09:50 AM] |
| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Premier Nutrition Company, LLC. [Entered: 03/31/2025 08:29 PM] |
| Filing 5 DEFECTIVE---STATUS REPORT filed by Appellant Premier Nutrition Company, LLC. [Wrong filing type, corrected in DE 7] [Entered: 03/31/2025 08:15 PM] [Edited: 04/01/2025 09:51 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 04/03/2025, 10:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 03/28/2025 08:24 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Premier Nutrition Company, LLC. 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: 03/24/2025 02:22 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 3/24/2025, Appeal Transcript Order Due (Appellant) 3/31/2025, Appeal Transcript Due (Appellant) 4/29/2025, Appeal Opening Brief Due (Appellant) 6/9/2025, Appeal Answering Brief Due (Appellee) 7/8/2025. For appeal no. 25-1743, 3:16-cv-06980-RS. 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: 03/17/2025 03:02 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:16-cv-06980-RS 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 25-1743 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: 03/17/2025 02:59 PM] |
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