Munoz, et al. v. Alorica, Inc., et al.
| AARON MUNOZ and MELISSA OLSEN, individually and as reprresentatives of a Putative Class of Participants and Beneficiaries, on behalf of the Alorica 401(K) Retirement Plan |
| ALORICA, INC., ALORICA RETIREMENT SAVINGS PLAN COMMITTEE, LISA ADAMSHICK, JOYCE TODD-GUERRA, CHRIS HYUN, ELIZABETH LAN PAN, EMILY KILGORE, RICK HAYES, DEON STENNER, MATTHEW VONDETTE, DAN FINNEGAN, JAE CHANEY and MORGAN STANLEY SMITH BARNEY, LLC |
| 25-7359 |
| November 21, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Employee Retirement |
Opinions
We have the following opinions for this case:
| Description |
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| MUNOZ, ET AL. V. ALORICA, INC., ET AL.Santa Ana, Central CaliforniaCivilRawlinson, Johnnie B., Sanchez, Gabriel P., Fitzwater, Sidney A. |
Docket Report
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This docket was last retrieved on April 26, 2026. A more recent docket listing may be available from PACER.
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| Filing 39 NOTICE OF ORAL ARGUMENT on Friday, July 10, 2026 - 09:30 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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. [25-7359] [Entered: 04/26/2026 12:07 PM] |
| Filing 38 CLERK ACTION: Reply Brief and Excerpts of Record submitted at DE 31, DE 32, DE 34 by Appellant Alorica Retirement Savings Plan Committee, Appellant Alorica, Inc., Appellant Chris Hyun, Appellant Dan Finnegan, Appellant Deon Stenner, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Jae Chaney, Appellant Joyce Todd-Guerra, Appellant Lisa Adamshick, Appellant Matthew Vondette, Appellant Rick Hayes are filed. Volume 2 is filed UNDER SEAL. No paper copies are required. [Entered: 04/14/2026 01:51 PM] |
| Filing 37 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 19, DE 20, DE 23 by Appellee Aaron Munoz, Appellee Melissa Olsen are filed. Volume 3 is filed UNDER SEAL. No paper copies are required. [Entered: 04/14/2026 01:50 PM] |
Filing 36
ORDER FILED. The March 6, 2026 unopposed Motion of Plaintiffs-Appellees to File Under Seal [Dkt. No. 21] is GRANTED. The March 27, 2026 unopposed Motion of the Alorica Defendants-Appellants1 to File Under Seal [Dkt. No. 33] is GRANTED. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) ([C]ompelling reasons sufficient to outweigh the publics interest in disclosure and justify sealing court records exist when such court files might have become a vehicle for improper purposes, such as the use of records to . . . release trade secrets. (citation and internal quotation marks omitted)). The March 26, 2026 unopposed Motion of Defendant Morgan Stanley Smith Barney, LLC for Relief from Dismissal and for Reinstatement [Dkt. No. 30] is GRANTED. The March 24, 2026 order of dismissal [Dkt. No. 28] is vacated, and the appeal is reinstated. This order is entered by the undersigned at the direction of the assigned panel. [Entered: 04/14/2026 01:15 PM]
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| Filing 35 JOINDER TO BRIEF filed by Appellant Morgan Stanley Smith Barney, LLC, joining Opening Brief at DE 16 and Reply Brief at DE 31, filed by Alorica Defendants. [Entered: 04/06/2026 10:44 AM] |
| Filing 34 EXCERPTS OF RECORD volume 2 submitted UNDER SEAL for filing by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney.--[Court entered filing, originally filed at DE 33] [Entered: 03/27/2026 02:20 PM] |
| Filing 33 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney.--[COURT UPDATE: Corrected PDFs attached as of 3/27/2026, REPLACING original attachments] [Entered: 03/27/2026 11:32 AM] [Edited: 03/27/2026 02:14 PM] |
| Filing 32 EXCERPTS OF RECORD submitted for filing by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney.--[COURT UPDATE: Corrected PDF attached as of 3/27/2026, REPLACING original attachment] [Entered: 03/27/2026 10:59 AM] [Edited: 03/27/2026 02:16 PM] |
| Filing 31 REPLY BRIEF submitted for filing by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney.--[COURT UPDATE: Corrected PDF attached as of 3/27/2026, REPLACING original attachment] [Entered: 03/27/2026 10:37 AM] [Edited: 03/27/2026 02:15 PM] |
| Filing 30 MOTION to Reinstate filed by Appellant Morgan Stanley Smith Barney, LLC. [Entered: 03/26/2026 02:11 PM] |
| Filing 29 TERMINATED participation of Appellant Morgan Stanley Smith Barney, LLC. [Entered: 03/24/2026 03:53 PM] |
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Filing 28
ORDER FILED. Appellant Morgan Stanley Smith Barney, LLC did not file an opening brief by the due date. This appeal is therefore dismissed as to Morgan Stanley Smith Barney, LLC only. See 9th Cir. R. 42-1. This appeal will proceed as to the other appellants. This order becomes the mandate of the court in 21 days as to Morgan Stanley Smith Barney, LLC only. [Entered: 03/24/2026 03:51 PM]
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| Filing 27 RESPONSE to notice of case being considered for oral argument filed by Michael J. Prame. [Entered: 03/20/2026 03:36 PM] |
| Filing 26 RESPONSE to notice of case being considered for oral argument filed by Christina Ann Humphrey. [Entered: 03/20/2026 01:00 PM] |
| Filing 25 NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for July 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. [25-7359] [Entered: 03/17/2026 10:02 AM] |
| Filing 24 RESPONSE to Motion to File Document Under Seal and Sealed Document Submitted for Filing (DE 21) filed by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney. [Entered: 03/16/2026 07:33 AM] |
| Filing 23 EXCERPTS OF RECORD volume 3 submitted UNDER SEAL for filing by Appellee Aaron Munoz, Appellee Melissa Olsen.--[Court entered filing, originally filed at DE 21] [Entered: 03/09/2026 08:19 AM] |
| Filing 22 MOTION for Judicial Notice filed by Appellee Aaron Munoz, Appellee Melissa Olsen. [Entered: 03/06/2026 05:13 PM] |
| Filing 21 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellee Aaron Munoz, Appellee Melissa Olsen. [Entered: 03/06/2026 05:11 PM] |
| Filing 20 EXCERPTS OF RECORD submitted for filing by Appellee Aaron Munoz, Appellee Melissa Olsen. [Entered: 03/06/2026 05:08 PM] |
| Filing 19 ANSWERING BRIEF submitted for filing by Appellee Aaron Munoz, Appellee Melissa Olsen. [Entered: 03/06/2026 05:05 PM] |
| Filing 18 CLERK ACTION: Opening Brief submitted at DE 16 and Excerpts of Record at DE 17 by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney are filed. No paper copies are required. [Entered: 02/06/2026 03:23 PM] |
| Filing 17 EXCERPTS OF RECORD submitted for filing by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney. [Entered: 02/06/2026 12:50 PM] |
| Filing 16 OPENING BRIEF submitted for filing by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney. [Entered: 02/06/2026 12:47 PM] |
| Filing 15 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: 12/09/2025 11:47 AM] |
| Filing 14 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Morgan Stanley Smith Barney, LLC. [Entered: 12/04/2025 07:18 PM] |
| Filing 13 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney. [Entered: 12/03/2025 07:38 AM] |
| Filing 12 ADDED Counsel for Appellant Theodore Van Beek [Entered: 12/02/2025 09:01 AM] |
| Filing 11 ADDED Counsel for Appellant Andrew Salek-Raham [Entered: 12/02/2025 08:59 AM] |
| Filing 10 ADDED Counsel for Appellant Larry M. Blocho [Entered: 12/02/2025 08:57 AM] |
| Filing 9 NOTICE OF APPEARANCE by Theodore Van Beek for Appellant Alorica Retirement Savings Plan Committee, Appellant Alorica, Inc., Appellant Chris Hyun, Appellant Dan Finnegan, Appellant Deon Stenner, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Jae Chaney, Appellant Joyce Todd-Guerra, Appellant Lisa Adamshick, Appellant Matthew Vondette, Appellant Rick Hayes. [Entered: 12/02/2025 06:19 AM] |
| Filing 8 NOTICE OF APPEARANCE by Andrew Salek-Raham for Appellant Alorica Retirement Savings Plan Committee, Appellant Alorica, Inc., Appellant Chris Hyun, Appellant Dan Finnegan, Appellant Deon Stenner, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Jae Chaney, Appellant Joyce Todd-Guerra, Appellant Lisa Adamshick, Appellant Matthew Vondette, Appellant Rick Hayes. [Entered: 12/02/2025 06:17 AM] |
| Filing 7 NOTICE OF APPEARANCE by Larry M. Blocho for Appellant Alorica Retirement Savings Plan Committee, Appellant Alorica, Inc., Appellant Chris Hyun, Appellant Dan Finnegan, Appellant Deon Stenner, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Jae Chaney, Appellant Joyce Todd-Guerra, Appellant Lisa Adamshick, Appellant Matthew Vondette, Appellant Rick Hayes. [Entered: 12/02/2025 06:13 AM] |
| Filing 6 MEDIATION ORDER: By 12/8/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 12/01/2025 01:45 PM] |
| Filing 5 Originating Court Notice of Fee Received. [Entered: 11/26/2025 12:53 PM] |
| Filing 4 MEDIATION QUESTIONNAIRE filed by Appellant Alorica, Inc., Appellant Alorica Retirement Savings Plan Committee, Appellant Lisa Adamshick, Appellant Joyce Todd-Guerra, Appellant Chris Hyun, Appellant Elizabeth Lan Pan, Appellant Emily Kilgore, Appellant Rick Hayes, Appellant Deon Stenner, Appellant Matthew Vondette, Appellant Dan Finnegan, Appellant Jae Chaney. 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: 11/26/2025 05:32 AM] |
| Filing 3 Filed Copy of Order Granting Petition for Permission to Appeal in 9th Circuit case no. 25-6309. [Entered: 11/21/2025 03:18 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief Due (Appellant) 2/6/2026, Mediation Questionnaire due (Appellant) 11/26/2025, Appeal Transcript Order Due (Appellant) 12/5/2025, Appeal Transcript Due (Appellant) 1/5/2026, Appeal Answering Brief Due (Appellee) 3/6/2026. For appeal no. 25-7359, 8:22-cv-01856-JWH-DFM. 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 03:01 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 8:22-cv-01856-JWH-DFM 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 25-7359 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 02:53 PM] |
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