Lessin, et al. v. Ford Motor Company
| WILLIAM LESSIN, on behalf of himself and all others similarly situated, CAROL SMALLEY, PATRICK POWERS, SHERI POWERS, LLOYD ATTERSON, BRAD NIELSEN, DAVID APPEL, JOHN KIGIN, SUSANNE HAMILTON, STEVE SELGADO, ROGER SADDLER, CAROLINE MCGEE and DAVID HUFFSTETLER |
| FORD MOTOR COMPANY |
| 25-2211 |
| April 4, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| LESSIN, ET AL. V. FORD MOTOR COMPANY |
Docket Report
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This docket was last retrieved on September 30, 2025. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE OF ORAL ARGUMENT on Monday, December 8, 2025 - 09:30 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-2211] [Entered: 09/30/2025 12:02 PM] |
| Filing 36 Paper copies (6) of Answering Brief submitted at DE 29 by Appellees received. [Entered: 09/29/2025 03:50 PM] |
| Filing 35 NOTICE OF ORAL ARGUMENT on Monday, December 8, 2025 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-2211] [Entered: 09/28/2025 12:02 PM] |
Filing 34
ORDER FILED. Answering Brief submitted at DE 29 by Appellees is filed. Appellees must file 6 copies of the brief in paper format securely bound on the left side with red 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 addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. The Excerpts of Record submitted at DE 25, 30 by Appellees are filed. Volumes 3-5 are filed UNDER SEAL. No paper copies of the excerpts are required at this time. [Entered: 09/22/2025 12:58 PM]
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Filing 33
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. Appellees filed a notice (Docket Entry No. 26) of intent to file publicly the answering brief and Volumes 3 through 5 of the supplemental excerpts of record. See 9th Cir. R. 27-13(f). Appellant does not object to the answering brief being unsealed, see Docket Entry No. 31, and no other party has filed a motion to file or maintain the answering brief under seal. Appellants unopposed motion (Docket Entry No. 31) to maintain portions of Volumes 3 through 5 of the supplemental excerpts of record under seal is granted. The clerk will file publicly the motion to seal, supporting declaration, and exhibit (Docket Entry Nos. 31.1, 31.2, 31.3), the answering brief (Docket Entry No. 29), and Volumes 1 through 2 of the supplemental excerpts of record (Docket Entry No. 25). The clerk will maintain Volumes 3 through 5 of the supplemental excerpts of record under seal at Docket Entry Nos. 29 and 30. The optional reply brief remains due October 6, 2025. [Entered: 09/22/2025 10:31 AM]
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| Filing 32 NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for December 8-12, 2025 at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case. 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 (#http://www.ca9.uscourts.gov/forms/form32.pdf) immediately using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [Case List] [Entered: 09/18/2025 10:31 AM] |
| Filing 31 MOTION to Maintain Document Under Seal filed by Appellant Ford Motor Company.--[COURT UPDATE: Corrected PDF of motion attached as of 9/11/2025, REPLACING original attachment] [COURT UPDATE: UNSEALED DE 31.1, 31.2, AND 31.3 PER DE 33] [Entered: 09/05/2025 06:07 PM] [Edited: 09/22/2025 10:44 AM] |
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Filing 28
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 27) granted. Amended briefing schedule: Optional Reply Brief due 10/06/2025. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 08/18/2025 01:27 PM]
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| Filing 27 Streamlined Request for Extension of Time to File Brief filed by Appellant Ford Motor Company. [Entered: 08/18/2025 10:09 AM] |
| Filing 30 EXCERPTS OF RECORD Volumes 3-5 UNDER SEAL submitted for filing by Appellee William Lessin, Appellee Carol Smalley, Appellee Patrick Powers, Appellee Sheri Powers, Appellee Lloyd Atterson, Appellee Brad Nielsen, Appellee David Appel, Appellee John Kigin, Appellee Susanne Hamilton, Appellee Steve Selgado, Appellee Roger Saddler, Appellee Caroline McGee, Appellee David Huffstetler. (Court entered filing of sealed vols submitted at DE 26) [Entered: 08/19/2025 01:19 PM] |
| Filing 29 ANSWERING BRIEF UNDER SEAL submitted for filing by Appellee William Lessin, Appellee Carol Smalley, Appellee Patrick Powers, Appellee Sheri Powers, Appellee Lloyd Atterson, Appellee Brad Nielsen, Appellee David Appel, Appellee John Kigin, Appellee Susanne Hamilton, Appellee Steve Selgado, Appellee Roger Saddler, Appellee Caroline McGee, Appellee David Huffstetler. (Court entered filing of sealed brief submitted at DE 26) [COURT UPDATE: UNSEALED DE 29 PER DE 33] [Entered: 08/19/2025 01:17 PM] [Edited: 09/22/2025 12:54 PM] |
| Filing 26 NOTICE of Intent to Unseal and Document Submitted Provisionally Under Seal filed by Appellee William Lessin, Appellee Carol Smalley, Appellee Patrick Powers, Appellee Sheri Powers, Appellee Lloyd Atterson, Appellee Brad Nielsen, Appellee David Appel, Appellee John Kigin, Appellee Susanne Hamilton, Appellee Steve Selgado, Appellee Roger Saddler, Appellee Caroline McGee, Appellee David Huffstetler.--[COURT UPDATE: Corrected PDF of brief attached as of 8/19/2025, REPLACING original attachment; unlocked notice] [Entered: 08/15/2025 05:24 PM] [Edited: 08/19/2025 01:15 PM] |
| Filing 25 EXCERPTS OF RECORD submitted for filing by Appellee William Lessin, Appellee Carol Smalley, Appellee Patrick Powers, Appellee Sheri Powers, Appellee Lloyd Atterson, Appellee Brad Nielsen, Appellee David Appel, Appellee John Kigin, Appellee Susanne Hamilton, Appellee Steve Selgado, Appellee Roger Saddler, Appellee Caroline McGee, Appellee David Huffstetler. [COURT UPDATE: UNSEALED DE 25 PER DE 33] [Entered: 08/15/2025 05:12 PM] [Edited: 09/22/2025 12:52 PM] |
| Filing 24 ANSWERING BRIEF submitted for filing by Appellee William Lessin, Appellee Carol Smalley, Appellee Patrick Powers, Appellee Sheri Powers, Appellee Lloyd Atterson, Appellee Brad Nielsen, Appellee David Appel, Appellee John Kigin, Appellee Susanne Hamilton, Appellee Steve Selgado, Appellee Roger Saddler, Appellee Caroline McGee, Appellee David Huffstetler.--[COURT UPDATE: Corrected PDF attached as of 8/19/2025, REPLACING original attachment] [Entered: 08/15/2025 04:21 PM] [Edited: 08/19/2025 01:13 PM] |
| Filing 23 Paper copies (6) of Opening Brief submitted at DE 14 by Appellant Ford Motor Company received. [Entered: 07/07/2025 02:45 PM] |
| Filing 22 Paper copies (3) of Excerpts of Record in 6 Volumes and Index Volume submitted at DE 15 and DE 16 by Appellant Ford Motor Company received. Volume 6 is filed UNDER SEAL. [Entered: 07/07/2025 02:43 PM] |
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Filing 21
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 20) granted. Amended briefing schedule: Answering Brief Due (Appellee) 8/15/2025. 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: 07/02/2025 03:37 PM]
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| Filing 20 Streamlined Request for Extension of Time to File Brief filed by Appellee William Lessin, Appellee Carol Smalley, Appellee Patrick Powers, Appellee Sheri Powers, Appellee Lloyd Atterson, Appellee Brad Nielsen, Appellee David Appel, Appellee John Kigin, Appellee Susanne Hamilton, Appellee Steve Selgado, Appellee Roger Saddler, Appellee Caroline McGee, Appellee David Huffstetler. [Entered: 07/02/2025 02:36 PM] |
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Filing 19
ORDER FILED. Opening Brief submitted at DE 14 by Appellant Ford Motor Company is filed. Within 7 days of this order, Appellant 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 15, 16 by Appellant Ford Motor Company are filed. Volume 6 is filed UNDER SEAL. Within 7 days of this order, Appellant 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: 06/30/2025 03:06 PM]
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Filing 18
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The unopposed motion (Docket Entry No. 13) to file under seal Volume 6 of the excerpts of record is granted. The clerk will file publicly the motion to seal and supporting declaration and exhibits (Docket Entry Nos. 13.1 through 13.6), the opening brief (Docket Entry No. 14), and Volumes 1 through 5 of the excerpts of record (Docket Entry No. 15). The clerk will maintain Volume 6 of the excerpts of record under seal at Docket Entry No. 16. The existing briefing schedule remains in effect. [Entered: 06/30/2025 10:27 AM]
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| Filing 17 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Ford Motor Company. [Entered: 06/17/2025 04:56 PM] |
| Filing 16 EXCERPTS OF RECORD volume 6 submitted UNDER SEAL for filing by Appellant Ford Motor Company.--[Court entered filing, originally filed at DE 13] [Entered: 06/17/2025 08:37 AM] |
| Filing 15 EXCERPTS OF RECORD submitted for filing by Appellant Ford Motor Company. [Entered: 06/16/2025 07:19 PM] |
| Filing 14 OPENING BRIEF submitted for filing by Appellant Ford Motor Company. [Entered: 06/16/2025 07:08 PM] |
| Filing 13 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Ford Motor Company. [COURT UPDATE: UNSEALED DE 13.1-13.6 PER DE 18] [Entered: 06/16/2025 06:41 PM] [Edited: 06/30/2025 10:33 AM] |
| Filing 12 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. [Entered: 04/24/2025 02:26 PM] |
| Filing 11 ADDED Counsel for Appellant Catherine Sinclair [Entered: 04/23/2025 12:25 PM] |
| Filing 10 NOTICE OF APPEARANCE by Catherine Sinclair for Appellant Ford Motor Company. [Entered: 04/23/2025 12:14 PM] |
| Filing 9 MEDIATION ORDER: By 4/23/2025, 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. [Entered: 04/16/2025 11:09 AM] |
| Filing 8 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Ford Motor Company. [Entered: 04/15/2025 10:05 AM] |
| Filing 7 MEDIATION QUESTIONNAIRE filed by Appellant Ford Motor Company. 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: 04/11/2025 02:43 PM] |
| Filing 6 Originating Court Notice of Fee Received. [Entered: 04/08/2025 01:16 PM] |
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Filing 5
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 4) granted. Amended briefing schedule: Opening Brief Due (Appellant) 6/16/2025, Answering Brief Due (Appellee) 7/16/2025. 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: 04/08/2025 08:10 AM]
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| Filing 4 Streamlined Request for Extension of Time to File Brief filed by Appellant Ford Motor Company. [Entered: 04/07/2025 07:33 PM] |
| Filing 3 Filed Copy of Order Granting Petition for Permission to Appeal. (from case no. 25-602) [Entered: 04/04/2025 04:10 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/11/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 5/16/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 6/16/2025. For appeal no. 25-2211, 3:19-cv-01082-AJB-AHG. 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: 04/04/2025 03:42 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:19-cv-01082-AJB-AHG 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 25-2211 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: 04/04/2025 03:38 PM] |
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