City of Calimesa v. Everest Reinsurance Company
| CITY OF CALIMESA |
| EVEREST REINSURANCE COMPANY |
| BIRTCHER DEVELOPMENT, LLC and QR BIRTCHER OAK VALLEY OWNER, LLC |
| 25-7356 |
| November 21, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Insurance |
Docket Report
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This docket was last retrieved on April 9, 2026. A more recent docket listing may be available from PACER.
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| Filing 31 ADDED Amici Curiae - Pending Birtcher Development, LLC and QR Birtcher Oak Valley Owner, LLC, with counsel Alexander J Doherty. [Entered: 04/09/2026 12:14 PM] |
| Filing 30 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Birtcher Development, LLC and QR Birtcher Oak Valley Owner, LLC. [Entered: 04/08/2026 03:30 PM] |
| Filing 29 NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for August 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. [25-7356] [Entered: 04/07/2026 02:22 PM] |
Filing 28
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 27) granted. Amended briefing schedule: . Optional Reply Brief due 5/26/2026. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 04/06/2026 04:20 PM]
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| Filing 27 Streamlined Request for Extension of Time to File Brief filed by Appellant Everest Reinsurance Company. [Entered: 04/06/2026 04:14 PM] |
| Filing 26 ADDED Counsel for Appellee Kyle Daly [Entered: 04/03/2026 10:33 AM] |
| Filing 25 NOTICE OF APPEARANCE by Kyle Daly for Appellee City of Calimesa. [Entered: 04/03/2026 10:00 AM] |
| Filing 24 CLERK ACTION: Answering Brief submitted at DE 23 by Appellee City of Calimesa is filed. No paper copies are required. [Entered: 04/02/2026 01:37 PM] |
| Filing 23 ANSWERING BRIEF submitted for filing by Appellee City of Calimesa.--[COURT UPDATE: Corrected PDF attached as of 4/2/2026, REPLACING original attachment] [Entered: 04/01/2026 04:09 PM] [Edited: 04/02/2026 01:35 PM] |
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Filing 22
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 21) granted. Amended briefing schedule: Answering Brief Due (Appellee) 4/1/2026. Optional 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. [Entered: 02/26/2026 02:53 PM]
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| Filing 21 Streamlined Request for Extension of Time to File Brief filed by Appellee City of Calimesa. [Entered: 02/26/2026 01:28 PM] |
| Filing 20 TERMINATED participation of Counsel for Appellee B. Tilden Kim, representing Appellee City of Calimesa. [Entered: 02/04/2026 03:08 PM] |
| Filing 19 NOTICE of Withdrawal as Counsel filed by Steven A. Nguy. Counsel withdrawing on behalf of other attorney(s): Yes [B. Tilden Kim (Bar No. 143937)]. Party proceeding without counsel: No. [-]. [Entered: 02/04/2026 01:29 PM] |
| Filing 18 ADDED Counsel for Appellee Steven A. Nguy [Entered: 02/03/2026 12:26 PM] |
| Filing 17 NOTICE OF APPEARANCE by Steven A. Nguy for Appellee City of Calimesa. --[COURT UPDATE: Updated docket text to reflect correct appearance.] [Entered: 02/03/2026 09:25 AM] [Edited: 02/03/2026 10:46 AM] |
| Filing 16 CLERK ACTION: Opening Brief submitted at DE 13 and Excerpts of Record at DE 14 by Appellant Everest Reinsurance Company are filed. No paper copies are required. [Entered: 02/02/2026 03:50 PM] |
| Filing 15 MOTION for Judicial Notice filed by Appellant Everest Reinsurance Company. [Entered: 01/30/2026 07:57 PM] |
| Filing 14 EXCERPTS OF RECORD submitted for filing by Appellant Everest Reinsurance Company. [COURT UPDATE: Fixed PDF issue.] [Entered: 01/30/2026 07:44 PM] [Edited: 02/02/2026 02:09 PM] |
| Filing 13 OPENING BRIEF submitted for filing by Appellant Everest Reinsurance Company. [Entered: 01/30/2026 07:31 PM] |
| Filing 12 ADDED Counsel for Appellee Ezra Siegel [Entered: 12/17/2025 02:42 PM] |
| Filing 11 NOTICE OF APPEARANCE by Ezra Siegel for Appellee City of Calimesa. [Entered: 12/17/2025 01:56 PM] |
| Filing 10 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: 12/08/2025 11:48 AM] |
| Filing 9 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Everest Reinsurance Company. [Entered: 12/05/2025 06:05 PM] |
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Filing 8
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Opening Brief Due (Appellant) 1/30/2026, Answering Brief Due (Appellee) 3/2/2026. Optional 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. [Entered: 12/03/2025 03:42 PM]
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| Filing 7 Streamlined Request for Extension of Time to File Brief filed by Appellant Everest Reinsurance Company. [Entered: 12/03/2025 01:23 PM] |
| Filing 6 Originating Court Notice of Fee Received.. Receipt No. ACACDC-40998354 for $605 filing fee [Entered: 12/01/2025 04:24 PM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 12/8/2025, 11:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 11/25/2025 12:51 PM] |
| Filing 4 MEDIATION QUESTIONNAIRE filed by Appellant Everest Reinsurance Company. 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: 11/24/2025 03:31 PM] |
| Filing 3 Filed Copy of Order Granting Petition for Permission to Appeal in 9th Circuit case no. 25-6310. [Entered: 11/21/2025 03:13 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 11/26/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 1/30/2026, Appeal Opening Brief (No Transcript Due) (Appellant) 12/31/2025. For appeal no. 25-7356, 5:24-cv-00828-KK-SP. 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: 11/21/2025 02:35 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 5:24-cv-00828-KK-SP 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 25-7356 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: 11/21/2025 02:32 PM] |
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