U.S. Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 06-55314
Appeal from: Central District of California (Santa Ana)

Lower Court Information

District: 0973-8 : CV-05-00642-DOC
Presiding judge: David O. Carter, District Judge
Court Reporter: Teresa Doty, Court Reporter
Court Reporter: Teresa Doty, Court Reporter
Date Filed: 7/5/05
Date order/judgment: 2/7/06
Date NOA filed: 3/1/06

Fee status: paid

Prior cases:
None
Current cases:
None
Plaintiff - Appellant
""
represented by

Russell J Thomas, Jr., Esq.
(949) 752-0101
FAX (949) 752-0101
[COR LD NTX ret]
Thomas & Associates
2532 Dupont Drive
Irvine, CA 92612


V.
Defendant - Appellee

Capella University,
a corporation

represented by

Stella Fey Epling
(415) 591-7500
[COR LD NTX ret]
Drinker Biddle & Reath
50 Fremont St, 20th Fl
San Francisco, CA 94105-2230


Date Filed

#

Docket Text

03/08/2006   DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS SENT (Y/N): n. Setting schedule as follows: appellant's designation of RT is due 3/13/06; appellee's designation of RT is due 3/21/06; appellant shall order transcript by 3/31/06; court reporter shall file transcript in DC by 5/1/06; certificate of record shall be filed by 5/8/06 ; appellant's opening brief is due 6/19/06; appellees' brief is due 7/17/06; appellants' reply brief is due 7/31/06; [06-55314] (rmw)
03/08/2006   Filed attorney for Appellant Civil Appeals Docketing Statement served on 3/1/06 (to CONFATT) [06-55314] [06-55314] (rmw)
03/22/2006  

Filed order MOATT (DT) ...Within 21 days after the filing date of this order, aplt shall move for voluntary dism of this appeal or show cause why it should not be dism for lack of jurisdiction. CITE. If aplt elects to show cause, a resp may be filed within 8 days after svc of aplts memorandum...Briefing is suspended pending further order of the ct. [06-55314] (crw)

04/06/2006   Filed Appellant ""'s response to order to show cause ,served on 4/5/06 MOATT [06-55314] (crw)
04/07/2006   Filed order CONFATT (vls) ...A settlement assessment conf will be held by telephone on 5/2/06 at 2pm PST..The br sch remains in effect. [06-55314] (crw)
04/20/06   Filed order CONFATT (RGA) The assessment conf orig sch for 5/2/06 is resch to 5/1/06 at 11am PST. [06-55314] (crw)
05/1/06   Filed order CONFATT (RGA) The assessment conf orig sch for
5/1/06 is resch to 5/11/06 at 10am PST. [06-55314] (crw)
05/15/06   Filed order CONFATT ( RGA) Case not selected for program. [06-55314] (crw)
6/7/06   14 day oral extension by phone of time to file Appellant
"" brief. Appellants' brief due 7/3/06;
appellees' brief due 7/31/06; appellants' reply brief due
14 days from service of answering brief. [06-55314] (pg)
6/26/06   Filed order (Appellate Commissioner) The court has
received and reveiwed [sic] the response to this court's order to
show cause. The jurisdictional issue does not appear
suitable for summary disposition. Accordinly [sic], the order to
show cause is discharged. The briefing schedule established
previously shall remain in effect. ( MOATT) [06-55314]
(kkw)
6/26/06   Filed Appellant ""'s motion to extend time to
file appellant's opening; declaration of Russell J. Thomas,
Jr.; in support; served on 6/25/06 (PROMO) [06-55314] (gva)
6/29/06   Filed order PROMO: (Deputy Clerk: cag) Based on the
circumstances cited, aplt's mtn for an ex.tm.f the opening
br is granted. The opening br is due 8/2/06; the ans br is
due 9/1/06; and the optional rpy br is due 14 days after
service of the ans br. ... [06-55314] (gva)
6/30/06   Rcvd stmt of non-opp by def-aple to mtn of aplt for ext of
time to file opn br. NAN per 6/29 order. (crw)
6/30/06   Rcvd stmt of non-opp by aple to aplts mtn for ext of time
to file opn br. NAN - CASEFILE (crw)
8/02/06   Received Appellant ""'s brief in 15 copies 21 pages ( Informal: no) deficient: no original, not signed, no svc, no stmt of rel cases, EOR needs white covers: notified Excerpts of record in 1 vol. Served on (no svc) [06-55314] (crw)
8/11/06   Received Appellant ""'s satisfaction of
(major) brief deficiency (replacement brief and EOR)
[06-55314] (crw)
8/11/06   Filed original and 15 copies Appellant ""
opening brief ( Informal: no) 21 pages and five excerpts
of record in 1 vol; served on 8/10/06 [06-55314] (crw)
8/25/06   Filed Capella University motion to extend time to file
appellee's brief until 10/16/06 [06-55314] served on
8/25/06 PROMO (crw)
9/01/2006   Filed order (Deputy Clerk: CAG) Appellee's motion for an
extension of time in which to file the answering brief is
granted. The answering brief is due October 16, 2006, and
the optional reply brief is due 14 days after service of
the answering brief. Further delay in filing the answering
brief is disfavored. Court records do not currently reflect
that the district court has issued the certificate of
record. Appellant shall monitor the issuance of the
certificate. [06-55314] (hc)
10/16/2006   Filed original and 15 copies Appellee Capella University brief, 42 pages, 2 Exc. vols: served on 10/16/06 minor defcy: no stmt of rel cases Notified counsel. [06-55314] record on appeal due 11/2/06; (crw)
10/23/2006   Filed Appellant ""'s motion to extend time to
file reply brief until 11/13/06 [06-55314] served on
10/20/06 PROMO [06-55314] (crw)
10/25/2006   Received Appellee Capella University response opposing
appellant's motion to extend time to file reply brief
[5989749-1] served on 10/25/06 PROMO [06-55314] (crw)
10/27/2006   Filed order (Deputy Clerk: amt) Appellant's unopposed
motion for a 14-day extension of time to file the reply
brief is granted. The optional reply brief is due November
13, 2006. Court records do not currently reflect that the
district cout has issued the certificate of record.
Appellant shall monitor the issuance of the certificate of
record. [06-55314] (hc)
11/01/2006   Received Appellee Capella University satisfaction of
(minor) brief deficiency. (stmt of rel cases) [06-55314]
(crw)
11/13/06   Received orig. 15 copies Jeffry La Marca's reply brief ( Informal: no ) of 19 pages; served on 11/10/06 deficient docs in EOR do not appear to be in DC record. Notified counsel. [06-55314] (crw)
11/21/06   Filed Appellant ""'s motion for ext of time to
respond to ntc of rcpt of deficient opn br on 11/13/06.
[06-55314] served on 11/20/06 PROMO [06-55314] (crw)
11/27/06   Filed order (Deputy Clerk: cag) Aplts mtn for an ext of time to respond to the cts 11/21/06 brief deficiency is granted. On or before 12/4/06, aplt may file a corrected rpy br or file a mtn for appropriate relief. [06-55314] (crw)
11/29/2006   Received Appellant ""'s satisfaction of
(major) brief deficiency (corrected SER for reply brief)
[06-55314] (crw)
11/29/2006   Filed original and 15 copies Jeffry La Marca reply brief,
( Informal: no ) 19 pages and 1 vol SER; served on 11/10/06
[06-55314] (crw)
12/26/2006   FILED CERTIFIED RECORD ON APPEAL IN: 2 Clerks files, [06-55314] (jas)
07/23/07   Calendar check performed [06-55314] (aw)
9/13/07   Calendar materials being prepared. [06-55314] [06-55314]
(rg)
9/21/07   CALENDARED: PASA Thu Nov 8, 2007 930am Courtroom 1
[06-55314] (rg)



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