Biederman, et al. v. FCA US, LLC, et al.
| FRANK BIEDERMAN, JOSEPH GAMBA, TREVOR WHITEHOUSE, GARY AGOSTINI, JEFFREY HETTINGER, JILL SCOTT, CARL ANDERS TROEDSSON, MICHAEL CAPPA, FRED CHAPMAN and DUSTEN ACKER |
| FCA US, LLC and CUMMINS, INC. |
| NATIONAL CONSUMERS LEAGUE, CENTER FOR AUTO SAFETY, CONSUMER FEDERATION OF CALIFORNIA and WASHINGTON LEGAL FOUNDATION |
| 25-3854 |
| June 20, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
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| Filing 37 ACKNOWLEDGMENT of hearing notice filed by Samuel Issacharoff for Appellant Frank Biederman. Hearing in San Francisco - Courtroom 3 in San Francisco, on 2/12/2026 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 12/01/2025 03:44 PM] |
| Filing 36 ACKNOWLEDGMENT of hearing notice filed by Alan E. Schoenfeld for Appellee Cummins, Inc.. Hearing in San Francisco - Courtroom 3 in San Francisco, on 2/12/2026 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 12/01/2025 07:14 AM] |
| Filing 35 NOTICE OF ORAL ARGUMENT on Thursday, February 12, 2026 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco 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. 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. [25-3854] [Entered: 11/30/2025 12:19 PM] |
| Filing 34 CLERK ACTION: Reply Brief submitted at DE 31 by Appellants is filed. No paper copies are required. [Entered: 11/25/2025 11:17 AM] |
| Filing 33 ADDED Counsel for Appellant Samuel Issacharoff [Entered: 11/25/2025 10:01 AM] |
| Filing 32 NOTICE OF APPEARANCE by Samuel Issacharoff for Appellant Frank Biederman. [Entered: 11/25/2025 06:47 AM] |
| Filing 31 REPLY BRIEF submitted for filing by Appellant Frank Biederman, Appellant Joseph Gamba, Appellant Trevor Whitehouse, Appellant Gary Agostini, Appellant Jeffrey Hettinger, Appellant Jill Scott, Appellant Carl Anders Troedsson, Appellant Michael Cappa, Appellant Fred Chapman, Appellant Dusten Acker. --[COURT UPDATE: Attached viewable version of brief.] [Entered: 11/24/2025 07:04 PM] [Edited: 11/26/2025 08:49 AM] |
| Filing 30 RESPONSE to notice of case being considered for oral argument filed by Miranda Kate Litwak. [Entered: 11/24/2025 06:50 PM] |
| Filing 29 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for February 2026 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. 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) within 3 business days of this notice 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. [25-3854] [Entered: 10/28/2025 02:04 PM] |
Filing 28
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 27) granted. Amended briefing schedule: Optional Reply Brief due 11/24/2025. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 10/16/2025 03:43 PM]
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| Filing 27 Streamlined Request for Extension of Time to File Brief filed by Appellant Frank Biederman, Appellant Joseph Gamba, Appellant Trevor Whitehouse, Appellant Gary Agostini, Appellant Jeffrey Hettinger, Appellant Jill Scott, Appellant Carl Anders Troedsson, Appellant Michael Cappa, Appellant Fred Chapman, Appellant Dusten Acker. [Entered: 10/16/2025 03:39 PM] |
| Filing 26 CLERK ACTION: Amicus Brief submitted at DE 23 by Washington Legal Foundation is filed. No paper copies are required. [Entered: 10/14/2025 04:41 PM] |
| Filing 25 ADDED Amicus Curiae Washington Legal Foundationl; Counsel for Amicus Curiae: Ryan M. Sandrock. [Entered: 10/14/2025 04:40 PM] |
| Filing 24 RESPONSE to notice of case being considered for oral argument filed by Alan E. Schoenfeld. [Entered: 10/10/2025 12:11 PM] |
| Filing 23 AMICUS BRIEF by government or with consent submitted for filing by Washington Legal Foundation. [Entered: 10/10/2025 10:57 AM] |
| Filing 22 Paper copies (6) of Answering Brief submitted at DE 19 by Appellee Cummins, Inc. received. [Entered: 10/08/2025 02:23 PM] |
| Filing 21 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for January 2026 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. 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) within 3 business days of this notice 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. [25-3854] [Entered: 10/08/2025 01:03 PM] |
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Filing 20
ORDER FILED. Answering Brief submitted at DE 19 by Appellee Cummins, Inc. is filed. Appellee 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. [Entered: 10/06/2025 09:59 AM]
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| Filing 19 ANSWERING BRIEF submitted for filing by Appellee Cummins, Inc.. [Entered: 10/03/2025 04:38 PM] |
| Filing 18 CLERK ACTION: Amicus Brief submitted at DE 17 by The National Consumers League, Center for Auto Safety, and Consumer Federation of California is filed. No paper copies are required. [Entered: 09/11/2025 01:37 PM] |
| Filing 16 ADDED Amici Curiae National Consumers League, Center for Auto Safety, Consumer Federation of California; Counsel for Amici Curiae: Elizabeth Anne Fegan. [Entered: 09/11/2025 01:32 PM] |
| Filing 17 AMICUS BRIEF by government or with consent submitted for filing by The National Consumers League, Center for Auto Safety, and Consumer Federation of California.--[court entered filing to correct DE 13] [Entered: 09/11/2025 01:35 PM] |
| Filing 15 Paper copies (6) of Opening Brief submitted at DE 10 by Appellants received. [Entered: 09/10/2025 03:25 PM] |
| Filing 14 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 11 by Appellants received. [Entered: 09/10/2025 03:23 PM] |
| Filing 13 DEFECTIVE --- AMICUS BRIEF and MOTION for leave to file amicus brief filed by Nat'l Consumers League, Ctr. for Auto Safety, and Consumer Federation of California as Amici Curiae.--[incorrect entry, correct entry at DE 17] [Entered: 09/10/2025 02:24 PM] [Edited: 09/11/2025 01:36 PM] |
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Filing 12
ORDER FILED. Opening Brief submitted at DE 10 by Appellants is filed. Within 7 days of this order, Appellants 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 11 by Appellants are filed. Within 7 days of this order, Appellants 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: 09/09/2025 04:53 PM]
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| Filing 11 EXCERPTS OF RECORD submitted for filing by Appellant Frank Biederman, Appellant Joseph Gamba, Appellant Trevor Whitehouse, Appellant Gary Agostini, Appellant Jeffrey Hettinger, Appellant Jill Scott, Appellant Carl Anders Troedsson, Appellant Michael Cappa, Appellant Fred Chapman, Appellant Dusten Acker.--[COURT UPDATE: Corrected PDF attached as of 9/9/2025, REPLACING original attachment] [Entered: 09/03/2025 07:07 PM] [Edited: 09/09/2025 04:47 PM] |
| Filing 10 OPENING BRIEF submitted for filing by Appellant Frank Biederman, Appellant Joseph Gamba, Appellant Trevor Whitehouse, Appellant Gary Agostini, Appellant Jeffrey Hettinger, Appellant Jill Scott, Appellant Carl Anders Troedsson, Appellant Michael Cappa, Appellant Fred Chapman, Appellant Dusten Acker.--[COURT UPDATE: Corrected PDF attached as of 9/9/2025, REPLACING original attachment] [Entered: 09/03/2025 06:53 PM] [Edited: 09/09/2025 04:47 PM] |
| Filing 9 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 07/14/2025 12:32 PM] |
| Filing 8 NOTICE of Transcript Designation filed by Appellant Frank Biederman, Appellant Joseph Gamba, Appellant Trevor Whitehouse, Appellant Gary Agostini, Appellant Jeffrey Hettinger, Appellant Jill Scott, Appellant Carl Anders Troedsson, Appellant Michael Cappa, Appellant Fred Chapman, Appellant Dusten Acker. [Entered: 06/30/2025 07:04 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 7/14/2025, 11:00 AM PACIFIC Time. See order for instructions and details. [Entered: 06/30/2025 12:29 PM] |
| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Cummins, Inc.. [Entered: 06/27/2025 08:45 AM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant Frank Biederman, Appellant Joseph Gamba, Appellant Trevor Whitehouse, Appellant Gary Agostini, Appellant Jeffrey Hettinger, Appellant Jill Scott, Appellant Carl Anders Troedsson, Appellant Michael Cappa, Appellant Fred Chapman, Appellant Dusten Acker. 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: 06/25/2025 09:49 AM] |
| Filing 4 Originating Court Notice of Fee Received. [Entered: 06/25/2025 09:02 AM] |
| Filing 3 Filed Copy of Order Granting Petition for Permission to Appeal in 9th Circuit case no. 25-3063. [Entered: 06/20/2025 11:50 AM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 6/25/2025, Appeal Transcript Order Due (Appellant) 6/30/2025, Appeal Transcript Due (Appellant) 7/30/2025, Appeal Opening Brief Due (Appellant) 9/3/2025, Appeal Answering Brief Due (Appellee) 10/3/2025. For appeal no. 25-3854, 3:23-cv-06640-JSC. 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: 06/20/2025 11:26 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-06640-JSC 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 25-3854 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: 06/20/2025 11:21 AM] |
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