Rust-Oleum Corporation v. NIC Industries, Inc.
| RUST-OLEUM CORPORATION and NIC INDUSTRIES, INC. |
| 25-6412 |
| October 10, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Docket Report
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This docket was last retrieved on March 25, 2026. A more recent docket listing may be available from PACER.
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| Filing 25 TEXT ORDER FILED. The motion (Docket Entry No. 26) for an extension of time to file the answering brief is granted. The consolidated answering brief is due May 1, 2026. The optional consolidated reply brief is due 21 days after the consolidated answering brief is served. [25-5386, 25-6412] [Entered: 03/25/2026 08:45 AM] |
| Filing 24 MOTION to Extend Time to File Brief filed by Appellee NIC Industries, Inc.. [25-5386, 25-6412] [Entered: 03/24/2026 09:18 AM] |
Filing 23
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 22) granted, Streamlined Request for Extension of Time to File Brief (DE 24) granted. Amended briefing schedule: The Consolidated Answering Brief Due (Appellee) 4/1/2026. The Optional Consolidated Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [25-5386, 25-6412] [Entered: 03/02/2026 02:36 PM]
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| Filing 22 Streamlined Request for Extension of Time to File Brief filed by Appellee NIC Industries, Inc.. [25-5386, 25-6412] [Entered: 02/27/2026 08:43 AM] |
| Filing 21 CLERK ACTION: Redacted Opening Brief submitted at DE 20 by Appellant Rust-Oleum Corporation is filed. No paper copies are required. [25-5386, 25-6412] [Entered: 02/23/2026 07:33 AM] |
| Filing 20 OPENING BRIEF submitted for filing by Appellant Rust-Oleum Corporation. [25-5386, 25-6412] [Entered: 02/20/2026 04:42 PM] |
| Filing 19 CLERK ACTION: Opening Brief submitted at DE 16 and Excerpts of Record at DEs 16, 19 by Appellant Rust-Oleum Corporation are filed. The opening brief and volumes 14-29 of the excerpts are filed UNDER SEAL. No paper copies are required. [25-5386, 25-6412] [Entered: 02/18/2026 02:00 PM] |
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Filing 18
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The unopposed motion (Docket Entry No. 15) to file an oversized opening brief is granted. This appeal involves an extensive procedural background that raises a large number of issues. See 9th Cir. R. 32-2. The unopposed motion (Docket Entry No. 17) to file under seal the opening brief and Volumes 14 through 29 of the excerpts of record is granted. The clerk will file publicly the motion to seal (Docket Entry No. 17.1) and Volumes 1 through 13 of the excerpts of record (Docket Entry No. 16). The clerk will maintain the opening brief and Volumes 14 through 29 of the excerpts of record under seal at Docket Entry Nos. 18 and 19. Within 21 days of this order, appellant must submit for public filing a redacted version of the opening brief that tracks the proposed redactions highlighted in Docket Entry No. 18. The page numbering and citations in the public brief must remain the same as in the sealed brief. The existing briefing schedule remains in effect. [25-5386, 25-6412] [Entered: 02/18/2026 10:19 AM]
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| Filing 17 EXCERPTS OF RECORD Volumes 14-29 submitted UNDER SEAL for filing by Appellant Rust-Oleum Corporation. [25-5386, 25-6412] (Court entered filing of sealed vols submitted at DE 17) [Entered: 02/04/2026 05:06 PM] |
| Filing 16 OPENING BRIEF submitted UNDER SEAL for filing by Appellant Rust-Oleum Corporation. [25-5386, 25-6412] (Court entered filing of sealed brief submitted at DE 17) [Entered: 02/04/2026 04:57 PM] [Edited: 02/04/2026 05:06 PM] |
| Filing 15 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Rust-Oleum Corporation. [25-5386, 25-6412]--[COURT UPDATE: Backdated entry to reflect original date of submission] (Unseal DE 17.1 per 02/18/2026) [Entered: 02/03/2026 02:03 PM] [Edited: 02/18/2026 10:22 AM] |
| Filing 14 EXCERPTS OF RECORD submitted for filing by Appellant Rust-Oleum Corporation. [25-5386, 25-6412] [COURT UPDATE: Fixed PDF issue.] [Entered: 01/30/2026 04:00 PM] [Edited: 02/02/2026 09:18 AM] |
| Filing 13 MOTION to File Oversized Brief filed by Appellant Rust-Oleum Corporation. [25-5386, 25-6412] [Entered: 01/30/2026 03:46 PM] |
| Filing 12 DEFECTIVE --- MOTION to Maintain Document Under Seal filed by Appellant Rust-Oleum Corporation. [25-5386, 25-6412] (Incorrect entry, see DE 17) [Entered: 01/30/2026 03:36 PM] [Edited: 02/04/2026 04:48 PM] |
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Filing 11
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 9) granted, Streamlined Request for Extension of Time to File Brief (DE 10) granted, Streamlined Request for Extension of Time to File Brief (DE 11) granted, Streamlined Request for Extension of Time to File Brief (DE 12) granted. Amended briefing schedule: Consolidated Opening Brief Due (Appellant) 1/30/2026, Consolidated Answering Brief Due (Appellee) 3/2/2026. Optional Consolidated Reply Brief due 21 days after service of Consolidated Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [25-5386, 25-6412] [Entered: 12/22/2025 09:57 AM]
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| Filing 10 Streamlined Request for Extension of Time to File Brief filed by Appellant Rust-Oleum Corporation. [25-6412, 25-5386] [Entered: 12/22/2025 08:59 AM] |
| Filing 9 Streamlined Request for Extension of Time to File Brief filed by Appellant Rust-Oleum Corporation. [25-5386, 25-6412] [Entered: 12/22/2025 08:57 AM] |
| Filing 8 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee NIC Industries, Inc.. [25-6412, 25-5386] [Entered: 10/22/2025 03:29 PM] |
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Filing 7
ORDER FILED. The motion (Docket Entry No. 8) to consolidate is granted. Nos. 25-5386 and 25-6412 are consolidated. The parties must include both case numbers on all future filings. The consolidated opening brief is due December 31, 2025. The consolidated answering brief is due January 30, 2026. The optional consolidated reply brief is due 21 days after the consolidated answering brief is served. [25-5386, 25-6412] [Entered: 10/20/2025 04:26 PM]
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| Filing 6 MOTION to Consolidate filed by Appellant Rust-Oleum Corporation. [Entered: 10/16/2025 02:36 PM] |
| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Rust-Oleum Corporation. [Entered: 10/16/2025 01:31 PM] |
| Filing 4 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 10/15/2025 02:31 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Rust-Oleum Corporation. 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: 10/15/2025 09:56 AM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 10/15/2025, Appeal Transcript Order Due (Appellant) 10/22/2025, Appeal Transcript Due (Appellant) 11/21/2025, Appeal Opening Brief Due (Appellant) 12/31/2025, Appeal Answering Brief Due (Appellee) 1/30/2026. For appeal no. 25-6412, 1:18-cv-01655-CL. 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: 10/10/2025 02:35 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:18-cv-01655-CL 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 25-6412 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: 10/10/2025 02:32 PM] |
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