FTE Networks, Inc., et al. v. Beys, et al.
| FTE NETWORKS, INC., THOMAS COLEMAN, JOSEPH CUNNINGHAM and STEPHEN GOODWIN |
| MICHAEL BEYS, RICHARD DE SILVA, MARIA FERNANDEZ, ERNEST SCHEIDMANN and ANDREW SANCHEZ |
| 25-6928 |
| November 3, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Docket Report
This docket was last retrieved on April 23, 2026. A more recent docket listing may be available from PACER.
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| Filing 30 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 5/12/2026, 11:00 a.m. Pacific Time. Each participant will receive an email with dial-in instructions. [25-6928, 26-518] [Entered: 04/23/2026 11:11 AM] |
| Filing 29 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Assessment Conference Call 4/22/2026, 1:00 PM Pacific Time (originally 4/15/2026). Each participant will receive an email modifying the dial-in information. [25-6928, 26-518] [Entered: 04/03/2026 02:43 PM] |
| Filing 28 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 4/15/2026, 1:00 p.m. PACIFIC Time. See order for instructions and details. [25-6928, 26-518] [Entered: 04/03/2026 06:23 AM] |
Filing 27
ORDER FILED. On March 23, 2026, the Court granted the joint motion to stay appellate proceedings pending settlement negotiations. The Court now refers this case to the Circuit Mediator to monitor the settlement negotiations. [25-6928, 26-518] [Entered: 04/02/2026 01:55 PM]
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Filing 26
ORDER FILED. The parties Joint Request for Stay (Dkt. No. 10 in Case No. 26-518, Dkt. No. 25 in Case No. 25-6928) is GRANTED. All pending deadlines are stayed pending further notice of the parties. The parties must file either a stipulation of dismissal or a joint status report within forty-five (45) days of this order. The oral argument scheduled for April 24, 2026 in San Francisco is VACATED. [25-6928, 26-518] [Entered: 03/23/2026 01:56 PM]
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| Filing 25 STATUS REPORT filed by Appellant Michael Beys, Appellant Richard De Silva. [Entered: 03/10/2026 03:29 PM] |
| Filing 24 NOTICE OF ORAL ARGUMENT on Friday, April 24, 2026 - 09:00 A.M. - Courtroom 1 - 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. [25-6928, 26-518] [Entered: 02/15/2026 12:18 PM] |
Filing 23
ORDER FILED. The motion (Docket Entry No. 18) for an extension of time to file the reply brief is denied as unnecessary. The reply brief has been filed. [Entered: 01/28/2026 10:39 AM]
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| Filing 22 RESPONSE to notice of case being considered for oral argument filed by Chad F. Clement. [Entered: 01/23/2026 05:17 PM] |
| Filing 21 RESPONSE to notice of case being considered for oral argument filed by Jason M. Wiley. [Entered: 01/22/2026 04:58 PM] |
| Filing 20 CLERK ACTION: Reply Brief submitted at DE 19 by Appellant Michael Beys, Appellant Richard De Silva is filed. No paper copies are required. [Entered: 01/21/2026 09:02 AM] |
| Filing 19 REPLY BRIEF submitted for filing by Appellant Michael Beys, Appellant Richard De Silva. [Entered: 01/20/2026 06:06 PM] |
| Filing 18 MOTION to Extend Time to File Brief filed by Appellant Michael Beys, Appellant Richard De Silva. [Entered: 01/15/2026 05:34 PM] |
| Filing 17 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for April 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. [25-6928] [Entered: 01/14/2026 04:49 PM] |
| Filing 16 CLERK ACTION: Answering Brief submitted at DE 13 and Excerpts of Record at DE 14 by Appellees are filed. No paper copies are required. [Entered: 12/31/2025 12:08 PM] |
| Filing 15 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee FTE Networks, Inc., Appellee Thomas Coleman, Appellee Joseph Cunningham, Appellee Stephen Goodwin. [Entered: 12/31/2025 08:58 AM] |
| Filing 14 EXCERPTS OF RECORD submitted for filing by Appellee FTE Networks, Inc., Appellee Thomas Coleman, Appellee Joseph Cunningham, Appellee Stephen Goodwin. [Entered: 12/29/2025 04:22 PM] |
| Filing 13 ANSWERING BRIEF submitted for filing by Appellee FTE Networks, Inc., Appellee Thomas Coleman, Appellee Joseph Cunningham, Appellee Stephen Goodwin. [Entered: 12/29/2025 04:20 PM] |
| Filing 12 CLERK ACTION: Opening Brief submitted at DE 9 and Excerpts of Record submitted at DE 10 by Appellant Michael Beys, Appellant Richard De Silva are filed. No paper copies are required. [Entered: 12/10/2025 01:02 PM] |
Filing 11
ORDER FILED. The court has received the notice of district court order and suggestion of abeyance at Docket Entry No. 7. The appeal will proceed. The clerk will file the opening brief at Docket Entry No. 9. The existing briefing schedule remains in effect. [Entered: 12/10/2025 11:17 AM]
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| Filing 10 EXCERPTS OF RECORD submitted for filing by Appellant Michael Beys, Appellant Richard De Silva.--[COURT UPDATE: Corrected PDFs of index vol and ER Vol 2 attached as of 12/5/2025, REPLACING original attachment] [Entered: 12/02/2025 04:57 PM] [Edited: 12/05/2025 08:10 AM] |
| Filing 9 OPENING BRIEF submitted for filing by Appellant Michael Beys, Appellant Richard De Silva.--[COURT UPDATE: Removed excerpts, correctly filed at DE 10] [Entered: 12/01/2025 06:17 PM] [Edited: 12/05/2025 08:12 AM] |
| Filing 8 STATUS REPORT filed by Appellee FTE Networks, Inc., Appellee Thomas Coleman, Appellee Joseph Cunningham, Appellee Stephen Goodwin. [Entered: 11/25/2025 10:52 AM] |
| Filing 7 STATUS REPORT filed by Appellant Michael Beys, Appellant Richard De Silva. [Entered: 11/21/2025 04:24 PM] |
| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Michael Beys, Appellant Richard De Silva. [Entered: 11/17/2025 05:43 PM] |
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 E. Bay Sanctuary Covenant v. Trump, 932 F.3d 742, 762 (9th Cir. 2018) (order) (Ordinarily, a TRO is not an appealable order.). The existing briefing schedule remains in effect. [Entered: 11/17/2025 02:22 PM]
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| Filing 4 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. The briefing schedule previously set by the court remains in effect. [Entered: 11/10/2025 02:35 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Michael Beys, Appellant Richard De Silva. 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: 11/10/2025 01:50 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 11/10/2025, Preliminary Injunction Opening Brief Due (Appellant) 12/1/2025, Preliminary Injunction Answering Brief Due (Appellee) 12/29/2025. For appeal no. 25-6928, 2:25-cv-01927-ART-EJY.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: 11/03/2025 11:51 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-01927-ART-EJY 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 25-6928 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: 11/03/2025 11:40 AM] |
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