Smith, et al. v. California Apartment Association, et al.
| IAN SMITH and MITCH JESERICH, on behalf of themselves and all others similarly situated |
| CITY OF OAKLAND, a public entity |
| ROB BONTA, Attorney General of California |
| CALIFORNIA APARTMENT ASSOCIATION |
| 26-1648 |
| March 19, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Americans w/Disabilities Act-Othr |
Docket Report
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This docket was last retrieved on September 14, 2026. A more recent docket listing may be available from PACER.
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| Filing 33 Paper copies (2) of Opening Brief submitted at DE 14, paper copies (1) of Excerpts of Record (volume 1 only) submitted at DE 18, and paper copies (2) of Reply Brief submitted at DE 27 by Appellant California Apartment Association received. [Entered: 09/14/2026 12:04 PM] [Edited: 09/14/2026 12:24 PM] |
| Filing 32 TEXT ORDER FILED. The parties are directed to produce paper copies of the below documents for the court. Each brief in paper format must be securely bound on the left side with a front cover page of the applicable color required by Federal Rule of Appellate Procedure 32(a)(2). Excerpts of record in paper format must be securely bound on the left side with white front covers. Each copy must include certification bound at the end that the copy is identical to the electronic version. The paper copies must be addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. The delivery address is 95 Seventh Street, San Francisco, CA 94103. The U.S. Mail address is P.O. Box 193939, San Francisco, CA 94119-3939. [Entered: 09/10/2026 11:59 AM] Appellant California Apartment Association - DE27 Reply Brief - copies required: 2 Appellant California Apartment Association - DE17 Opening Brief - copies required: 2 Appellees - DE22 Answering Brief - copies required: 2 Appellant California Apartment Association - DE18 Excerpts of Record (only Volume 1) - copies required: 1 copy of Volume 1 only |
| Filing 31 NOTICE OF ORAL ARGUMENT on Wednesday, November 18, 2026 - 09:00 A.M. - Courtroom 3 - 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. [26-1648] [Entered: 09/06/2026 05:12 PM] |
| Filing 30 RESPONSE to notice of case being considered for oral argument filed by Christopher Elliott Skinnell. [Entered: 08/03/2026 05:42 PM] |
| Filing 29 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for November 2026 and the subsequent sitting month in that location at #https://www.ca9.uscourts.gov/cases/calendar. 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 (#https://cdn.ca9.uscourts.gov/datastore/uploads/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 (#https://cdn.ca9.uscourts.gov/datastore/uploads/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. [26-1648] [Entered: 07/29/2026 08:06 PM] |
| Filing 28 CLERK ACTION: Reply Brief submitted at DE 27 by Appellant California Apartment Association is filed. No paper copies are required. [Entered: 07/21/2026 08:49 AM] |
| Filing 27 REPLY BRIEF submitted for filing by Appellant California Apartment Association. [Entered: 07/20/2026 04:22 PM] |
| Filing 26 TERMINATED participation of Counsel for Appellee Thomas Philip Zito, representing Appellee Ian Smith, Appellee Mitch Jeserich. [Entered: 07/16/2026 02:56 PM] |
| Filing 25 NOTICE of Withdrawal as Counsel filed by Thomas Philip Zito. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 07/16/2026 02:45 PM] |
| Filing 24 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 22, DE 23 by Appellee Ian Smith, Appellee Mitch Jeserich are filed. No paper copies are required. [Entered: 06/29/2026 03:12 PM] |
| Filing 23 EXCERPTS OF RECORD submitted for filing by Appellee Ian Smith, Appellee Mitch Jeserich. [Entered: 06/29/2026 02:57 PM] |
| Filing 22 ANSWERING BRIEF submitted for filing by Appellee Ian Smith, Appellee Mitch Jeserich. [Entered: 06/29/2026 02:46 PM] |
Filing 21
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 20) granted FOR ALL APPELLEES. Amended briefing schedule: Answering Brief Due (Appellee) 6/29/2026. 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: 05/08/2026 08:21 AM]
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| Filing 20 Streamlined Request for Extension of Time to File Brief filed by Appellee Ian Smith, Appellee Mitch Jeserich. [Entered: 05/07/2026 04:36 PM] |
| Filing 19 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 17, DE 18 by Appellant California Apartment Association are filed. No paper copies are required. [Entered: 04/29/2026 08:33 AM] |
| Filing 18 EXCERPTS OF RECORD submitted for filing by Appellant California Apartment Association.--[Court entered filing, incorrectly attached to brief at DE 17] [Entered: 04/29/2026 08:30 AM] |
| Filing 17 OPENING BRIEF submitted for filing by Appellant California Apartment Association.--[Court Update: Removed excerpts. Correct entry is DE 18] [Entered: 04/28/2026 11:54 AM] [Edited: 04/29/2026 08:31 AM] |
| Filing 16 ADDED Counsel for Appellee Rwehyang Raika Kim [Entered: 04/01/2026 01:01 PM] |
| Filing 15 NOTICE OF APPEARANCE by Rwehyang Raika Kim for Appellee Ian Smith, Appellee Mitch Jeserich. [Entered: 04/01/2026 12:52 PM] |
| Filing 14 NOTICE OF APPEARANCE by Emily Roznowski for Appellee Ian Smith, Appellee Mitch Jeserich. [Entered: 04/01/2026 12:45 PM] |
| Filing 13 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: 03/30/2026 04:04 PM] |
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Filing 12
ORDER FILED. Eric D. MILLER, Patrick J. BUMATAY The motion (Docket Entry No. 3) to expedite is denied. The existing briefing schedule remains in effect. [Entered: 03/27/2026 02:32 PM]
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| Filing 11 REPLY to Response to Motion to Expedite (DE 8) filed by Appellant California Apartment Association. [Entered: 03/27/2026 09:43 AM] |
| Filing 10 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant California Apartment Association. [Entered: 03/27/2026 09:39 AM] |
| Filing 9 MEDIATION QUESTIONNAIRE filed by Appellant California Apartment Association. 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: 03/27/2026 09:36 AM] |
| Filing 8 RESPONSE to Motion to Expedite (DE 3) filed by Appellee Ian Smith, Appellee Mitch Jeserich. [Entered: 03/25/2026 11:05 AM] |
| Filing 7 MEDIATION ORDER (text only): Mediation Questionnaire due (Appellant) 3/30/2026. The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Appellant shall file a Mediation Questionnaire (#form07.pdf (uscourts.gov)) or dismiss the appeal voluntarily. Information about the mediation program may be found on the court's website: #www.ca9.uscourts.gov/mediation. [Entered: 03/25/2026 10:21 AM] |
| Filing 6 ADDED Counsel for Appellee Kevin Peter McLaughlin [Entered: 03/20/2026 02:18 PM] |
| Filing 5 NOTICE OF APPEARANCE by Kevin Peter McLaughlin for Not Applicable City of Oakland. [Entered: 03/20/2026 12:36 PM] |
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Filing 4
ORDER FILED. The response to the motion to expedite is due by 12:00 p.m. Pacific Time on March 25, 2026. The reply in support of the motion to expedite is due by 12:00 p.m. Pacific Time on March 27, 2026. [Entered: 03/20/2026 12:23 PM]
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| Filing 3 MOTION to Expedite filed by Appellant California Apartment Association. [Entered: 03/19/2026 04:07 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 4/28/2026, Mediation Questionnaire due (Appellant) 3/24/2026, Appeal Answering Brief (No Transcript Due) (Appellee) 5/28/2026. For appeal no. 26-1648, 4:19-cv-05398-JST. 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: 03/19/2026 09:57 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:19-cv-05398-JST 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 26-1648 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: 03/19/2026 09:54 AM] |
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