Frasco, et al. v. Flo Health, Inc., et al.
| GOOGLE LLC, FACEBOOK, INC., APPSFLYER, INC and FLURRY, INC. |
| FLO HEALTH, INC. |
| ERICA FRASCO, SARAH WELLMAN, JUSTINE PIETRZYK, JENNIFER CHEN, TESHA GAMINO, LEAH RIDGWAY, AUTUMN MEIGS and MADELINE KISS, individually and on behalf of all others similarly situated |
| 25-3496 |
| June 3, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 25, 2025. A more recent docket listing may be available from PACER.
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Filing 34
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. Respondents filed notices (Docket Entry Nos. 22, 23) of intent to file publicly the unredacted answer, the unredacted opposition to petitioners motion to stay, and supporting exhibits. See 9th Cir. R. 27-13(f). The unopposed motion (Docket Entry No. 33) to maintain under seal portions of the supporting exhibits is granted. The clerk will file publicly the motion to seal (Docket Entry No. 33.1). The clerk will maintain the supporting exhibits under seal at Docket Entry Nos. 25 and 26. This petition remains closed. [Entered: 07/25/2025 04:23 PM]
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| Filing 33 MOTION to Maintain Document Under Seal filed by Not Applicable Facebook, Inc..--[COURT UPDATE: UNSEALED 33.1 per DE 34] [Entered: 07/07/2025 01:51 PM] [Edited: 07/25/2025 04:24 PM] |
| Filing 32 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Not Applicable Facebook, Inc.. [Entered: 07/07/2025 01:49 PM] |
| Filing 31 NOTICE OF APPEARANCE by Christopher Chorba for Not Applicable Facebook, Inc.. [Entered: 07/07/2025 01:47 PM] |
| Filing 30 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Petitioner Flo Health, Inc.. [Entered: 06/17/2025 04:59 PM] |
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Filing 29
ORDER FILED. (Gabriel P. SANCHEZ, Anthony D. JOHNSTONE) The motion (Docket Entry No. 28) for leave to file a reply in support of the petition for permission to appeal is granted. The petition for permission to appeal is denied. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952, 959-60 (9th Cir. 2005) (describing factors this court considers in analyzing a Rule 23(f) petition). The emergency motion (Docket Entry No. 12) to stay is denied as moot. The motion (Docket Entry No. 10) to file Exhibit D to the petition under seal is granted. The clerk will file publicly the motion to seal (Docket Entry No. 10.1) and redacted version of Exhibit D (Docket Entry No. 10.3). The clerk will maintain 2 25-3496 the unredacted version of Exhibit D under seal (Docket Entry No. 10.2). [Entered: 06/17/2025 04:00 PM]
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| Filing 28 MOTION for Leave to File Reply with Reply PETITION for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Flo Health, Inc..[COURT UPDATED- text to add it includes reply] [Entered: 06/16/2025 06:20 PM] [Edited: 06/17/2025 11:06 AM] |
| Filing 27 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 24) filed by Petitioner Flo Health, Inc.. [Entered: 06/13/2025 11:38 PM] |
| Filing 26 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 12) filed UNDER SEAL by Respondent Erica Frasco, Respondent Sarah Wellman, Respondent Jennifer Chen, Respondent Tesha Gamino, Respondent Autumn Meigs. (Court entered filing of sealed response originally submitted at DE 23) [Entered: 06/13/2025 08:41 AM] |
| Filing 25 ANSWER to Petition for Permission to Appeal Pursuant to FRCP 23(f) (DE 1) filed UNDER SEAL by Respondent Erica Frasco, Respondent Sarah Wellman, Respondent Jennifer Chen, Respondent Tesha Gamino, Respondent Autumn Meigs. (Court entered filing of sealed answer originally submitted at DE 22) [Entered: 06/13/2025 08:24 AM] |
| Filing 24 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 12) filed by Respondent Erica Frasco, Respondent Sarah Wellman, Respondent Justine Pietrzyk, Respondent Jennifer Chen, Respondent Tesha Gamino, Respondent Leah Ridgway, Respondent Autumn Meigs, Respondent Madeline Kiss. [Entered: 06/12/2025 11:12 PM] |
| Filing 23 NOTICE of Intent to Unseal and Document Submitted Provisionally Under Seal filed by Respondent Erica Frasco, Respondent Sarah Wellman, Respondent Justine Pietrzyk, Respondent Jennifer Chen, Respondent Tesha Gamino, Respondent Leah Ridgway, Respondent Autumn Meigs, Respondent Madeline Kiss. (Unlocked PDF of notice per procedure) [Entered: 06/12/2025 11:09 PM] [Edited: 06/13/2025 08:49 AM] |
| Filing 22 NOTICE of Intent to Unseal and Document Submitted Provisionally Under Seal filed by Respondent Erica Frasco, Respondent Sarah Wellman, Respondent Justine Pietrzyk, Respondent Jennifer Chen, Respondent Tesha Gamino, Respondent Leah Ridgway, Respondent Autumn Meigs, Respondent Madeline Kiss. (Unlocked PDF of notice per procedure) [Entered: 06/12/2025 09:56 PM] [Edited: 06/13/2025 08:42 AM] |
| Filing 21 ANSWER to Petition for Permission to Appeal Pursuant to FRCP 23(f) (DE 1) filed by Respondent Erica Frasco, Respondent Sarah Wellman, Respondent Justine Pietrzyk, Respondent Jennifer Chen, Respondent Tesha Gamino, Respondent Leah Ridgway, Respondent Autumn Meigs, Respondent Madeline Kiss. [Entered: 06/12/2025 09:42 PM] |
| Filing 20 ADDED Counsel for Petitioner Benjamin Sadun [Entered: 06/11/2025 04:58 PM] |
| Filing 19 NOTICE OF APPEARANCE by Brenda Sharton for Petitioner Flo Health, Inc.. [Entered: 06/11/2025 04:52 PM] |
| Filing 18 NOTICE OF APPEARANCE by Benjamin Sadun for Petitioner Flo Health, Inc.. [Entered: 06/11/2025 02:28 PM] |
| Filing 17 ADDED Counsel for Respondent Carol C. Villegas [Entered: 06/11/2025 01:22 PM] |
| Filing 16 NOTICE OF APPEARANCE by Carol C. Villegas for Respondent Autumn Meigs, Respondent Erica Frasco, Respondent Jennifer Chen, Respondent Sarah Wellman, Respondent Tesha Gamino. [Entered: 06/11/2025 09:37 AM] |
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Filing 15
ORDER FILED. The court has received the emergency motion to stay. The response to the motion is due June 12, 2025. The optional reply in support of the motion is due June 13, 2025. The answer to the petition for permission to appeal remains due June 12, 2025. Fed R. App. P. 5(b)(2). [Entered: 06/09/2025 03:41 PM]
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| Filing 14 ADDED Counsel for Respondent Theodore E. Yale [Entered: 06/09/2025 03:29 PM] |
| Filing 13 NOTICE OF APPEARANCE by Theodore E. Yale for Petitioner Flo Health, Inc.. [Entered: 06/09/2025 02:04 PM] |
| Filing 12 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Petitioner Flo Health, Inc.. [COURT ENTERED-Filing from DE#11] [Entered: 06/09/2025 01:23 PM] |
| Filing 11 DEFECTIVE---Emergency MOTION Circuit Rule 27-3 Certificate filed by Petitioner Flo Health, Inc..[Filed under wrong event. Correct entry#12] [Entered: 06/07/2025 04:08 PM] [Edited: 06/09/2025 01:24 PM] |
| Filing 10 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Petitioner Flo Health, Inc.. COURT UPDATE: Unsealed motion and exhibit per order at DE 29 [Entered: 06/04/2025 03:51 PM] [Edited: 06/17/2025 04:05 PM] |
| Filing 9 NOTICE of Intent to Unseal and Document Submitted Provisionally Under Seal filed by Petitioner Flo Health, Inc.. [Entered: 06/04/2025 03:44 PM] |
| Filing 8 SCHEDULE NOTICE for Petition for Permission to Appeal. [Entered: 06/03/2025 11:37 AM] |
| Filing 7 CASE OPENED. Your case opening documents have been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 6/2/2025. The U.S. Court of Appeals docket number 25-3496 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 #Appellate Practice Guide. Attorneys should consider the court's #Appellate Mentoring Program for assistance. [Entered: 06/03/2025 11:34 AM] |
| Filing 6 SEALED EXHIBITS to Petition for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Flo Health, Inc..--[COURT UPDATE: Corrected PDF attached as of 6/4/2025, REPLACING original attachment] [Entered: 06/03/2025 11:33 AM] [Edited: 06/04/2025 04:55 PM] |
| Filing 5 SEALED EXHIBITS to Petition for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Flo Health, Inc..--[COURT UPDATE: Corrected PDF attached as of 6/4/2025, REPLACING original attachment] [Entered: 06/03/2025 11:33 AM] [Edited: 06/04/2025 04:54 PM] |
| Filing 4 SEALED EXHIBITS to Petition for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Flo Health, Inc..--[COURT UPDATE: Corrected PDF attached as of 6/4/2025, REPLACING original attachment] [Entered: 06/03/2025 11:33 AM] [Edited: 06/04/2025 04:53 PM] |
| Filing 3 EXHIBITS to Petition for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Flo Health, Inc.. [Entered: 06/03/2025 11:33 AM] |
| Filing 2 EXHIBITS to Petition for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Flo Health, Inc.. [Entered: 06/03/2025 11:33 AM] |
| Filing 1 PETITION for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Flo Health, Inc.. [Entered: 06/03/2025 11:33 AM] |
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