Semas, et al. v. Chemetall US, Inc., et al.
| DAVID M. SEMAS and METALAST, INC., a Nevada corporation |
| CHEMETALL US, INC., a Delaware corporation, ALBEMARLE CORPORATION, BASF CORPORATION, a Delaware corporation, DUBOIS CHEMICALS, INC., a Delaware corporation, QUALICHEM, INC., a Virginia corporation, BROCO PRODUCTS, INC., an Ohio corporation, MILES CHEMICAL COMPANY, INC., a California corporation, ELECTROPLATING CONSULTANTS INTERNATIONAL, INC., an Oklahoma corporation, JOHN SCHNEIDER AND ASSOCIATES, INC., a Wisconsin corporation, DOES, 1-10, inclusive, RONATEC C2C, INC., a California corporation and SOUTHERN INDUSTRIAL CHEMICALS, INC. |
| CHEMEON SURFACE TECHNOLOGY, LLC |
| MARC Y. LAZO, SENIOR LITIGATION ATTORNEY |
| 25-2477 |
| April 17, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 23 NOTICE OF APPEARANCE by Jeffrey Randall Roeser for Appellee BASF Corporation, Appellee Chemetall US, Inc., Appellee John Schneider and Associates, Inc., Appellee Miles Chemical Company, Inc., Appellee Qualichem, Inc., Appellee Ronatec C2C, Inc., Appellee Southern Industrial Chemicals, Inc.. [25-2477, 25-4111, 25-4402] [Entered: 09/23/2025 09:20 AM] |
| Filing 22 ADDED Counsel for Appellee Jeffrey Randall Roeser [25-2477, 25-4111, 25-4402] [Entered: 09/23/2025 07:51 AM] |
| Filing 21 NOTICE OF APPEARANCE by Jeffrey Randall Roeser for Appellee BASF Corporation, Appellee Chemetall US, Inc., Appellee David M. Semas, Appellee John Schneider and Associates, Inc., Appellee Metalast, Inc., Appellee Miles Chemical Company, Inc., Appellee Qualichem, Inc., Appellee Ronatec C2C, Inc., Appellee Southern Industrial Chemicals, Inc.. [25-2477, 25-4111, 25-4402] [Entered: 09/23/2025 07:38 AM] |
Filing 20
ORDER FILED. The parties stipulated motion (Docket Entry No. 12) to modify the briefing schedule is granted. Briefing shall proceed as follows: The first briefs on cross-appeal for plaintiffs David M. Semas and Metalast, Inc. and interested party Marc Y. Lazo are due December 5, 2025. Defendants second brief on cross-appeal is due February 3, 2026. The third briefs on cross-appeal for plaintiffs and Marc Y. Lazo are due April 6, 2026. Defendants optional cross-appeal reply brief is due May 27, 2026. In light of the modified briefing schedule, no streamlined extensions of time to file briefs will be approved. Any written motions for extensions of time to file briefs under Ninth Circuit Rule 31-2.2(b) must include a proposed briefing schedule and state whether any separately represented party objects. [25-2477, 25-4111, 25-4402] [Entered: 09/19/2025 03:14 PM]
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| Filing 19 MOTION to Extend Time to File Brief filed by Appellee Chemetall US, Inc., Appellee BASF Corporation, Appellee Qualichem, Inc., Appellee Miles Chemical Company, Inc., Appellee John Schneider and Associates, Inc., Appellee Ronatec C2C, Inc., Appellee Southern Industrial Chemicals, Inc.. [25-4402, 25-2477, 25-4111] [Entered: 09/16/2025 02:05 PM] |
| Filing 18 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant David M. Semas, Appellant Metalast, Inc.. [25-4402, 25-2477, 25-4111] [Entered: 07/30/2025 10:33 AM] |
| Filing 17 MEDIATION QUESTIONNAIRE filed by Appellant David M. Semas, Appellant Metalast, Inc.. 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. [25-4402, 25-2477, 25-4111] [Entered: 07/21/2025 12:43 PM] |
| Filing 16 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 7/21/2025, Cross Appeal First Brief Due 9/23/2025, Cross Appeal Second Brief Due 10/23/2025, Cross Appeal Third Brief Due 11/24/2025. For appeal no. 25-2477, 3:19-cv-00125-CLB. 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 [25-4402, 25-2477, 25-4111] [Entered: 07/16/2025 04:25 PM] |
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Filing 15
ORDER FILED. (TEXT ONLY) The motion (Docket Entry No. 14) for an extension of time to file the opening brief is granted. The opening brief is due September 2, 2025. The answering brief is due October 2, 2025. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 07/15/2025 01:55 PM]
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| Filing 14 MOTION to Extend Time to File Brief filed by Appellant Marc Lazo. [Entered: 07/10/2025 01:29 PM] |
| Filing 13 ADDED Counsel for Appellant C. Thomas Ludden [Entered: 07/08/2025 08:32 AM] |
| Filing 12 NOTICE OF APPEARANCE by C. Thomas Ludden for Appellant Marc Lazo. [Entered: 07/08/2025 05:18 AM] |
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Filing 11
ORDER FILED. On June 3, 2025, the district court resolved the post-judgment motions. The stay of proceedings is therefore lifted and this appeal will proceed. The motion (Docket Entry No. 7, 8) for an extension of time to file the opening brief is granted. The opening brief is due August 1, 2025. The answering brief is due September 2, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 06/20/2025 11:51 AM]
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Filing 10
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 9) denied as unnecessary. It is unnecessary because briefing is stayed, see Order filed (DE 5). [Entered: 06/16/2025 04:25 PM]
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| Filing 9 Streamlined Request for Extension of Time to File Brief filed by Appellant Marc Lazo. [Entered: 06/16/2025 03:50 PM] |
| Filing 8 DEFECTIVE---SUPPLEMENT to Motion to Extend Time to File Brief (DE 7) filed by Appellant Marc Lazo.[Filed under wrong event. Correct entry#9] [Entered: 06/16/2025 02:14 PM] [Edited: 06/23/2025 10:28 AM] |
| Filing 7 DEFECTIVE---MOTION to Extend Time to File Brief filed by Appellant Marc Lazo.[Filed under wrong event. Correct entry#9] [Entered: 06/13/2025 08:00 AM] [Edited: 06/23/2025 10:28 AM] |
| Filing 6 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: 05/02/2025 10:38 AM] |
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Filing 5
ORDER FILED. Proceedings in this court other than mediation are stayed until the district court rules on the timely tolling motions filed on April 10, 2025 and April 14, 2025. See Fed. R. App. P. 4(a)(4); Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). The clerk will send a copy of this order to the district judge. [Entered: 04/30/2025 09:34 AM]
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| Filing 4 MEDIATION ORDER: By 5/1/2025, 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: 04/23/2025 11:38 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Marc Lazo. 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: 04/22/2025 10:43 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/22/2025, Appeal Transcript Order Due (Appellant) 4/25/2025, Appeal Transcript Due (Appellant) 5/26/2025, Appeal Opening Brief Due (Appellant) 7/2/2025, Appeal Answering Brief Due (Appellee) 8/4/2025. For appeal no. 25-2477, 3:19-cv-00125-CLB. 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: 04/17/2025 11:49 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:19-cv-00125-CLB 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 25-2477 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: 04/17/2025 11:46 AM] |
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