McCarty, et al. v. SMG Holdings I, LLC, et al.
| SHAWN MCCARTY, FABIAN GUERRERO and DAVID BABCOCK, ATTORNEY |
| SMG HOLDINGS I, LLC, a Delaware limited liability company, SMG HOLDINGS II, LLC, Delaware limited liability company and SMG, a general partnership |
| 25-3679 |
| June 11, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Docket Report
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This docket was last retrieved on November 12, 2025. A more recent docket listing may be available from PACER.
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| Filing 16 TEXT ORDER FILED. The motion (Docket Entry No. 14) for an extension of time to file the opening brief is granted. The opening brief is due January 9, 2026. The answering brief is due February 9, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 11/12/2025 03:17 PM] |
| Filing 15 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: 10/29/2025 12:47 PM] |
| Filing 14 MOTION to Extend Time to File Brief filed by Appellant Shawn McCarty, Appellant Fabian Guerrero. [Entered: 10/28/2025 05:18 PM] |
| Filing 13 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Mediation Conference Call 10/16/2025, 1:00 pm Pacific Time (originally 10/10/2025). Each participant will receive an email modifying the dial-in information. [Entered: 10/09/2025 03:29 PM] |
Filing 12
ORDER FILED. The motion (Docket Entry No. 10) to supplement the record on appeal and any responses are referred to the panel that decides the merits of this case. Any discussion of the proposed material in the parties briefs may be stricken or disregarded if the merits panel denies the motion to supplement the record. The existing briefing schedule remains in effect. [Entered: 10/08/2025 02:18 PM]
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| Filing 11 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 10/10/2025, 11:30 am Pacific Time. Each participant will receive an email with dial-in instructions. The briefing schedule is amended as follows: Opening Brief Due (Appellant) 11/10/2025, Answering Brief Due (Appellee) 12/10/2025, Optional Reply Brief (Appellant) due within 21 days from the service date of the answering brief. [Entered: 09/19/2025 01:27 PM] |
| Filing 10 MOTION to Supplement or Correct Record filed by Appellant Shawn McCarty, Appellant Fabian Guerrero. [Entered: 09/18/2025 02:42 PM] |
| Filing 9 NOTICE of Transcript Designation filed by Appellant Shawn McCarty, Appellant Fabian Guerrero. [Entered: 09/16/2025 01:37 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 9/19/2025, 10:00 am Pacific Time. Each participant will receive an email with dial-in instructions. The briefing schedule is amended as follows: Opening Brief Due (Appellant) 10/20/2025, Answering Brief Due (Appellee) 11/19/2025, Optional Reply Brief (Appellant) due within 21 days from the service date of the answering brief. [Entered: 08/20/2025 03:53 PM] |
| Filing 7 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Mediation Conference Call 8/20/2025, 2:00 PM Pacific Time (originally 7/31/2025). Each participant will receive an email with dial-in information. The briefing schedule is amended as follows: Opening Brief Due (Appellant) 9/19/2025, Answering Brief Due (Appellee) 10/20/2025, Optional Reply Brief (Appellant) due within 21 days from the service date of the answering brief. [Entered: 07/31/2025 02:29 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 7/31/2025, 2:00 PM Pacific Time. Each participant will receive an email with dial-in instructions. The briefing schedule is amended as follows: Opening Brief Due (Appellant) 9/2/2025, Answering Brief Due (Appellee) 10/2/2025, Optional Reply Brief (Appellant) due within 21 days from the service date of the answering brief. [Entered: 06/27/2025 01:51 PM] |
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Filing 5
ORDER FILED. In addition to all other issues the parties wish to raise in their briefs, the parties must address whether this court has jurisdiction over this appeal. See Brady v. AutoZone Stores, Inc., 960 F.3d 1172, 1173 (9th Cir. 2020) (explaining that a putative class representatives voluntary settlement of their individual claims moots an appeal of class certification rulings unless the class representative retains a personal stake in the class claims). The existing briefing schedule remains in effect. [Entered: 06/27/2025 10:00 AM]
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| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 6/26/2025, 10:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 06/20/2025 10:37 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Shawn McCarty, Appellant Fabian Guerrero. 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: 06/16/2025 03:15 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 6/16/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 7/21/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 8/20/2025. For appeal no. 25-3679, 3:17-cv-06232-JD. 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: 06/11/2025 12:09 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:17-cv-06232-JD 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 25-3679 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: 06/11/2025 12:05 PM] |
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