Phillips v. Lycamobile USA, Inc.
| JOSEPH PHILLIPS |
| LYCAMOBILE USA, INC. |
| 25-4652 |
| July 25, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 20, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 CORRESPONDENCE filed by Appellant Lycamobile USA, Inc.. [Court entered filing to correct DE 32] [Entered: 08/21/2025 01:54 PM] |
| Filing 32 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Lycamobile USA, Inc.. [Wrong filing type used, corrected in DE 33] [Entered: 08/20/2025 02:39 PM] [Edited: 08/21/2025 01:55 PM] |
| Filing 31 ADDED Counsel for Appellant Robert J. Carlson [Entered: 08/20/2025 10:24 AM] |
| Filing 30 NOTICE OF APPEARANCE by Robert J. Carlson for Appellant Lycamobile USA, Inc.. [Entered: 08/20/2025 10:08 AM] |
| Filing 29 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: 08/13/2025 11:07 AM] |
Filing 28
District Court Order/Notice Received. ORDER REASSIGNING CASE. Case reassigned to Chief Judge Stanley A Bastian for all further proceedings. Magistrate Judge Alexander C Ekstrom no longer assigned to case. TEXT-ENTRY ONLY; NO PDF WILL ISSUE. Signed by Chief Judge Stanley A Bastian [Entered: 08/05/2025 02:59 PM]
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| Filing 27 CORRESPONDENCE filed by Appellant Lycamobile USA, Inc.. [Court entered filing to correct DE 26] [Entered: 08/05/2025 10:42 AM] |
| Filing 26 DEFECTIVE --- STATUS REPORT filed by Appellant Lycamobile USA, Inc.. [Wrong filing type used, corrected in DE 27] [Entered: 08/05/2025 10:22 AM] [Edited: 08/05/2025 10:43 AM] |
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Filing 24
ORDER FILED. Kenneth K. LEE, Lawrence VANDYKE This appeal is remanded to the district court for the limited purpose of allowing the district court to assign an Article III judge to the case to resolve appellants objections to the magistrate judges July 15, 2025 order. See Allen v. Meyer, 755 F.3d 866, 869 (9th Cir. 2014). Within 7 days of the district courts ruling on appellants objections, appellant should file a status report and/or motion for appropriate relief in this court. Briefing is stayed. The clerk will serve a copy of this order on the district court. [Entered: 08/01/2025 08:42 AM]
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| Filing 25 CORRESPONDENCE filed by Appellant Lycamobile USA, Inc.. [Court entered filing to correct DE 21] [Entered: 08/01/2025 09:52 AM] |
| Filing 23 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 16) filed by Appellant Lycamobile USA, Inc.. [Entered: 07/31/2025 04:43 PM] |
| Filing 22 MOTION for Leave to File Reply filed by Appellant Lycamobile USA, Inc.. [Entered: 07/31/2025 04:28 PM] |
| Filing 21 DEFECTIVE --- STATUS REPORT filed by Appellant Lycamobile USA, Inc.. [Wrong filing type used, corrected in DE 25] [Entered: 07/31/2025 04:26 PM] [Edited: 08/01/2025 09:53 AM] |
| Filing 20 TERMINATED participation of Counsel for Appellant John S. Devlin, representing Appellant Lycamobile USA, Inc.. [Entered: 07/31/2025 02:55 PM] |
| Filing 19 NOTICE of Withdrawal as Counsel filed by John S. Devlin. Counsel withdrawing on behalf of other attorney(s): Yes [Lycamobile USA Inc.]. Party proceeding without counsel: No. [-]. [Entered: 07/31/2025 11:53 AM] |
| Filing 18 TERMINATED participation of Counsel for Appellant Daniel Prince, representing Appellant Lycamobile USA, Inc.. [Entered: 07/31/2025 09:23 AM] |
| Filing 17 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Joseph Phillips. [Entered: 07/31/2025 08:48 AM] |
| Filing 16 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 3) filed by Appellee Joseph Phillips. [Entered: 07/31/2025 08:46 AM] |
| Filing 15 NOTICE of Withdrawal as Counsel filed by Daniel Prince. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 07/30/2025 06:24 PM] |
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Filing 14
ORDER FILED. The court has received the emergency motion. The response to the motion is due by 9:00 a.m. Pacific Time on July 31, 2025. The optional reply in support of the motion is due by 5:00 p.m. Pacific Time on July 31, 2025. In addition to other issues raised by the emergency motion, the response and reply should address whether this court has jurisdiction over this appeal under 28 U.S.C. 1291, and whether the underlying action to compel compliance with a subpoena should have been assigned to an Article III judge in the district court. Discovery orders are final judgments where the pending proceeding is limited to application for discovery. See United States v. Columbia Broad. Sys., Inc., 666 F.2d 364, 369 n.4 (9th Cir. 1982). Where . . . a magistrate judge enters judgment on behalf of the district court, [appellate] jurisdiction on appeal depends on the magistrate judges lawful exercise of jurisdiction. Allen v. Meyer, 755 F.3d 866, 867 (9th Cir. 2014) (quoting Anderson v. Woodcreek Venture Ltd., 351 F.3d 911, 914 (9th Cir. 2006)). The clerk will serve a copy of this order on the district court and Magistrate Judge Ekstrom. [Entered: 07/30/2025 09:28 AM]
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| Filing 13 MEDIATION QUESTIONNAIRE filed by Appellant Lycamobile USA, 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. [Entered: 07/29/2025 02:13 PM] |
| Filing 12 SUPPLEMENT to MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment (DE 3) filed by Appellant Lycamobile USA, Inc.. [Court entered filing to correct DE 9] [Entered: 07/29/2025 11:56 AM] |
| Filing 11 CORRESPONDENCE filed by Appellant Lycamobile USA, Inc.. [Court entered filing to correct DE 10] [Entered: 07/28/2025 04:53 PM] |
| Filing 10 DEFECTIVE --- NOTICE of Official Substitution filed by Appellant Lycamobile USA, Inc.. [Wrong filing type used, corrected in DE 11] [Entered: 07/28/2025 04:26 PM] [Edited: 07/28/2025 04:54 PM] |
| Filing 9 DEFECTIVE --- SUPPLEMENTAL BRIEF submitted for filing by Appellant Lycamobile USA, Inc.. [Wrong filing type used, corrected in DE 12] [Entered: 07/28/2025 04:12 PM] [Edited: 07/30/2025 10:48 AM] |
| Filing 8 ADDED Counsel for Appellant Roberta Kraus [Entered: 07/28/2025 03:09 PM] |
| Filing 7 NOTICE OF APPEARANCE by Roberta Kraus for Appellant Lycamobile USA, Inc.. [Entered: 07/28/2025 02:16 PM] |
| Filing 6 SUPPLEMENT to MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment (DE 3) filed by Appellant Lycamobile USA, Inc.. [Court entered filing to correct DE 4] [Entered: 07/28/2025 12:06 PM] |
| Filing 5 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Lycamobile USA, Inc.. [Entered: 07/25/2025 05:51 PM] |
| Filing 4 DEFECTIVE --- MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Lycamobile USA, Inc.. [Wrong filing type used, coorected in DE 6] [Entered: 07/25/2025 05:38 PM] [Edited: 07/28/2025 12:06 PM] |
| Filing 3 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Lycamobile USA, Inc.. [Entered: 07/25/2025 05:15 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 7/30/2025, Appeal Transcript Order Due (Appellant) 8/6/2025, Appeal Transcript Due (Appellant) 9/5/2025, Appeal Opening Brief Due (Appellant) 10/15/2025, Appeal Answering Brief Due (Appellee) 11/14/2025. For appeal no. 25-4652, 2:25-mc-00001-ACE. 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: 07/25/2025 03:08 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-mc-00001-ACE 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 25-4652 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: 07/25/2025 02:57 PM] |
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| Plaintiff: JOSEPH PHILLIPS | |
| Represented By: | Matthew R. Jedreski |
| Represented By: | Devin Mark Smith, AT |
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| Defendant: LYCAMOBILE USA, INC. | |
| Represented By: | Roberta Kraus |
| Represented By: | Mr. Daniel Prince |
| Represented By: | John S. Devlin, III |
| Represented By: | Robert J. Carlson |
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