Case Details

CourtCourt of Appeals for the Ninth Circuit
Docket number08-55483
Date case filed03/25/2008
Date case closed03/04/2013
Date of latest filing
Assigned to
Case cause
Nature of suit3710 Fair Labor Standards Act
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
103/25/2008 ENTRY UPDATED. Latest version starts with [Edited mm/dd/yyyy by clerk-initials], previous version starts here: DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: No. The schedule is set as follows: Fee due from Appellant Chinese Daily News, Inc. on 03/21/2008. Designation of RT for Appellant Chinese Daily News, Inc. due 03/31/2008. Designation of RT for Appellee Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan due 04/10/2008. Transcript order for Appellant Chinese Daily News, Inc. due 04/21/2008. Transcript due for Court Reporter Theresa Doty, Court Reporter on 07/21/2008. Certificate of record due 07/28/2008. Appellant Chinese Daily News, Inc. opening brief due 09/08/2008. Appellee Chang Chingfang, Appellee Shiang Huang, Appellee Jenny Liu Hung, Appellee Lien Yi Jung, Appellee Yu Fang Kai, Appellee Yu Fang Ines Kai, Appellee Hui Jung Lee, Appellee Hui Jung Pao, Appellee Yun Min Pao, Appellee Chih-Ming Sheu, Appellee Jeffrey Sun, Appellee Minh Vi-Huynh, Appellee Lynne Wang, Appellee Shieh-Sheng Wei and Appellee Chengyang Yan answering brief due 10/08/2008. Appellant's optional reply brief is due 14 days after service of the answering brief.--[Edited 03/25/2008 by FB] DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTE: Edited to generate Time Schedule Order. (FB)
403/31/2008 Filed order MEDIATION (vls):. This case is under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Ann Julius, Circuit Mediator... (KKW)
604/16/2008 Filed order MEDIATION (VLS): This case is under consideration for inclusion in the Mediation Program. A settlement assessment conference will be held by telephone on May 14, 2008, at 1:30 p.m. PACIFIC (San Francisco) Time. The briefing schedule previously set by the court remains in effect. (AF)
704/17/2008 Filed order MOATT: (HS) docket fee due; failure to pay the fees shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. (DAF)
1305/15/2008 Filed order MEDIATION (AJ): The court will initiate a further assessment conference, with counsel for defendant only, by telephone on May 29, 2008, at 2:00 p.m. PACIFIC (San Francisco) Time.The court will initiate a further assessment conference, with counsel for plaintiffs only, by telephone on May 30, 2008, at 1:30 p.m. PACIFIC (San Francisco) Time.The court will initiate a further conference with all counsel by telephone on June 4, 2008, at 10:00 a.m. PACIFIC (San Francisco) Time. (KKW)
1405/20/2008 Filed order MOATT: (HS) The filing and docketing fees in this appeal have been paid. The court’s April 17, 2008 order was issued in error and is vacated. (KKW)
1505/30/2008 Filed order MEDIATION (AJ): The further assessment conference originally scheduled for May 30, 2008, is rescheduled to June 2, 2008, at 10:30 a.m. PACIFIC (San Francisco) Time. (KKW)
1606/02/2008 Filed order MEDIATION (AJ): setting response of Chang Chingfang, Shiang Huang, Jenny Liu Hung and Lien Yi Jung to. Response due 09/05/2008. (KKW)
1809/02/2008 Filed clerk order (Deputy Clerk:GSS ): The appellant’s motion to stay appellate proceedings is granted in part. Proceedings are stayed until December 1, 2008. At or prior to the expiration of the stay, the appellant shall file the opening brief or a request for appropriate relief. If the opening brief is filed, the answering brief is due December 31, 2008. The optional reply brief is due 14 days after service of the answering brief. In the absence of a motion, the stay will terminate without further notice. (AF)
1910/09/2008 Filed order MEDIATION (AJ):The court will initiate a status conference by telephone on November 6, 2008, at 11:30 a.m. PACIFIC (San Francisco) Time. (KKW)
2011/07/2008 Filed order MEDIATION (AJ): Appeal nos. 08-55483 and 08-56740 are consolidated. The briefing schedule for these consolidated appeals is amended as follows: appellant shall file an opening brief on or before February 27, 2009; appellees shall file an answering brief on or before May 11, 2009; appellant may file an optional reply brief on or before June 12, 2009. [08-55483, 08-56740] (KKW)
2111/24/2008 Filed order MEDIATION (AJ):These appeals are selected for inclusion in the Mediation Program. During the time these appeals remain in the Mediation Program, all procedural matters should be brought to the attention of the Circuit Mediator.An in-person mediation will be held on December 9, 2008, at 10:00 a.m., at the U.S. Court of Appeals, 3rd Floor Conference Room, 125 South Grand Avenue, Pasadena, California [Contact Person: Daniel Castin (626) 229-7263 - for directions only].. [08-55483, 08-56740] (KKW)
2201/08/2009 Filed (ECF) notice of appearance of Benjamin G. Shatz for Appellant Chinese Daily News, Inc. in 08-55483, 08-56740. Date of service: 01/08/2009. [6762540] [08-55483, 08-56740] (BGS)
2402/12/2009 Filed (ECF) Appellant Chinese Daily News, Inc. Motion to extend time to file Opening brief until 04/13/2009. Date of service: 02/12/2009. [6806475] (BGS)
2502/12/2009 Electronically-filed document [24] Motion (ECF Filing) , [24] motion to extend time to file brief is stricken because there is an error in the document. See Order for details. (RL)
2602/12/2009 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 Motion to extend time to file a reply until 04/13/2009. Date of service: 02/12/2009. [6806989] [08-55483, 08-56740] (BGS)
2702/17/2009 Filed (ECF) Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-55483, 08-56740 response opposing motion (Motion (ECF Filing) , motion to extend time to file reply). Date of service: 02/17/2009. [6811063] [08-55483, 08-56740] (CVK)
2802/19/2009 Filed order MEDIATION (MGS): Appellant’s motion for an extension of time is granted, in part. The briefing schedule previously set by the court is amended as follows: appellant shall file an opening brief on or before April 3, 2009; appellees shall file an answering brief on or before June 12, 2009; appellant may file an optional reply brief on or before July 3, 2009. [08-55483, 08-56740] (AF)
2902/25/2009 Filed (ECF) notice of appearance of Cornelia, Ho-Chin, Dai for Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-55483, 08-56740. Date of service: 02/25/2009. [6821536] [08-55483, 08-56740] (CD)
3103/27/2009 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483 Motion to extend time to file Opening brief until 05/04/2009. Date of service: 03/27/2009. [6862755] [08-55483, 08-56740] (BGS)
3303/30/2009 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483 Motion to extend time to file Opening brief until 05/04/2009. Date of service: 03/30/2009. [6863300] [08-55483, 08-56740] (BGS)
3404/01/2009 Filed (ECF) Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-55483 response opposing motion (Motion (ECF Filing) ,Motion (ECF Filing) motion to extend time to file brief). Date of service: 04/01/2009. [6867038] [08-55483, 08-56740] (CD)
3504/02/2009 Filed order MEDIATION (MGS):Appellant’s motion for an extension of time is granted, in part. The briefing schedule previously set by the court is amended as follows: appellant shall file an opening brief on or before April 17, 2009; appellees shall file an answering brief on or before July 3, 2009; appellant may file an optional reply brief on or before July 24, 2009. Any further request for an extension sought by appellant shall be disfavored and must demonstrate extraordinary and compelling circumstances. The press of business and/or the requirements of other cases shall not constitute “extraordinary and compelling circumstances.” [08-55483, 08-56740] (KKW)
3604/17/2009 Submitted (ECF) Opening brief for review and filed Motion to file oversized brief. Submitted by Appellant Chinese Daily News, Inc. in 08-55483. Date of service: 04/17/2009. [6886803] [08-55483, 08-56740] (BGS)
36.1 Main Document
36.2 Appellant's Opening Brief
3806/02/2009 Filed order MEDIATION (MGS): Appellant’s unopposed motion to file an oversized opening brief is granted. The Clerk shall file the opening brief received on April 17, 2009. Appellee may file an answering brief of the same length (505 additional words) granted to appellant. Appellee’s answering brief shall be filed on or before August 3, 2009. Appellant’s may file an optional reply brief on or before August 24, 2009. (KKW)
3906/03/2009 Filed order MEDIATION (AJ): Case not selected for mediation program. Counsel interested in obtaining settlement assistance or program information should contact the Mediation Office. [08-55483, 08-56740] (KKW)
4208/17/2009 Submitted (ECF) Answering brief for review and filed Motion to file oversized brief. Submitted by Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740. Date of service: 08/17/2009. [7030505] [08-55483, 08-56740] (RR)
42.1 Appellees' Answering Brief
42.2 Certificate of Compliance
42.3 CMECF Certificate of Service
42.4 Motion to File Oversized Answering Brief
4409/01/2009 Filed clerk order (Deputy Clerk:GSS): The appellees’ unopposed motion to file an oversized answering brief, with an overage of 1,470 words, is granted. The oversized answering brief received on August 17, 2009 shall be filed. The optional reply brief is now due September 23, 2009. [7048176] [08-55483, 08-56740] (KKW)
4509/02/2009 Filed clerk order: Answering Brief [42] filed by Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a Red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7048909] [08-55483, 08-56740] (GLS)
4809/14/2009 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 Motion to extend time to file a reply until 11/09/2009 at 11:59 pm. Date of service: 09/14/2009. [7060506] [08-55483, 08-56740] (BGS)
4909/30/2009 Filed clerk order (Deputy Clerk:GSS): The appellant’s motion for an extension of time to file the reply brief is granted. The reply brief is due November 9, 2009. [7080311] [08-55483, 08-56740] (KKW)
5011/02/2009 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 Motion to extend time to file a reply until 12/24/2009 at 11:00 pm. Date of service: 11/02/2009. [7115571] [08-55483, 08-56740] (BGS)
5111/10/2009 Submitted (ECF) Answering brief for review and filed Motion to file oversized brief, Motion to file substitute or corrected brief. Submitted by Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740, 08-55483. Date of service: 11/10/2009. [7125870] [08-56740, 08-55483] (CVK)
5212/22/2009 Filed clerk order (Deputy Clerk:GSS):The appellees’ motion to file the revised oversized answering brief submitted on November 10, 2009 is granted. The revised oversized answering brief submitted on November 10, 2009 shall be filed. The oversized answering brief filed on September 2, 2009 shall be stricken. The appellant’s motion for an extension of time to file the reply brief is granted. The reply brief is now due within 14 days after the date of this order. [7173056] [08-55483, 08-56740] (KKW)
5312/22/2009 Filed clerk order: The revised answering brief [51] submitted by Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7173367] [08-55483, 08-56740] (LA)
5412/29/2009 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 Motion to extend time to file Reply brief until 02/19/2010 at 11:59 pm. Date of service: 12/29/2009. [7177355] [08-55483, 08-56740] (BGS)
5601/04/2010 Filed clerk order (Deputy Clerk:GSS):The appellant’s motion for an extension of time to file the reply brief is granted. The reply brief is due February 22, 2010. . [7180755] (KKW)
5702/09/2010 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 Motion to extend time to file a reply until 04/08/2010 at 11:59 pm. Date of service: 02/09/2010. [7226113] [08-55483, 08-56740] (BGS)
5802/10/2010 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 corporate disclosure statement. Date of service: 02/10/2010. [7227792] [08-55483, 08-56740] (BGS)
5902/11/2010 Filed (ECF) Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-55483, 08-56740 response opposing motion (,motion to extend time to file reply). Date of service: 02/11/2010. [7229732] [08-55483, 08-56740] (CD)
6003/18/2010 Filed clerk order (Deputy Clerk:AMT): The appellant’s opposed motion for a second extension of time to file the reply brief is granted. The reply brief is due April 8, 2010. [7270774] [08-55483, 08-56740] (KKW)
6104/01/2010 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 Motion to extend time to file Reply brief until 04/22/2010 at 11:59 pm. Date of service: 04/01/2010. [7287421] [08-55483, 08-56740] (BGS)
6204/05/2010 Filed clerk order (Deputy Clerk:GSS)The appellant’s motion for a second extension of time to file the reply brief is granted. The reply brief is due April 22, 2010. [7289415] [08-55483, 08-56740] (KKW)
6304/22/2010 Submitted (ECF) Reply brief for review and filed Motion to file oversized brief. Submitted by Appellant Chinese Daily News, Inc. in 08-55483, 08-56740. Date of service: 04/22/2010. [7311576] [08-55483, 08-56740] (BGS)
63.1 Motion to File Oversized Reply Brief
63.2 Oversized Reply Brief
63.3 Exhibit to Oversized Reply Brief
6404/26/2010 Filed clerk order (Deputy Clerk:KKW): Appellant’s motion to file an oversized reply brief is hereby GRANTED. Appellant’s reply brief, received by the court on April 22, 2010 is ordered FILED. [7314918] [08-55483, 08-56740] (KKW)
6504/26/2010 Filed clerk order: The reply brief [63] submitted by Chinese Daily News, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7315249] [08-55483, 08-56740] (GLS)
6604/28/2010 Notice of Oral Argument on JUNE Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7318025] [08-55483, 08-56740] (LN)
6805/03/2010 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 citation of supplemental authorities. Date of service: 05/03/2010. [7322700] [08-55483, 08-56740] (BGS)
6906/01/2010 Filed (ECF) Appellee Lynne Wang in 08-55483, 08-56740 citation of supplemental authorities. Date of service: 06/01/2010. [7356339] [08-55483, 08-56740] (RR)
7109/27/2010 FILED OPINION (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER) AFFIRMED. Judge: WAF Authoring, FILED AND ENTERED JUDGMENT. [7487302] [08-55483, 08-56740] (RP)
7210/01/2010 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-56740, 08-55483 Correspondence: Correspondence to West Publishing to Correct Counsel Listing in 9/27/2010 Published Opinion. Date of service: 10/01/2010 [7494655] [08-56740, 08-55483] (BGS)
7310/01/2010 Filed (ECF) - Chingfang Chang, Shiang L. Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Hui Jung Lee, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Shieh-Sheng Wei, Chenyang Yan and Appellees Yu Fang Ines Kai and Hui Jung Pao Correspondence: Corrections to Proposed Published Opinion. Date of service: 10/01/2010 [7494379]--[COURT UPDATE: Spread docket text to consolidated case, 08-55483. Resent notice. 10/04/2010 by RY] (RR)
7410/08/2010 Filed (ECF) Appellees Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan bill of costs (Form 10) in the amount of $512.20 USD. Date of service: 10/08/2010 [7503349]--[COURT UPDATE: Replaced PDF of bill of costs with amended version containing corrected typo, spread entry to case 08-56740, resent NDA, 10/12/2010 by AWM] (CD)
7510/12/2010 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 petition for panel rehearing and petition for rehearing en banc (from 09/27/2010 opinion). Date of service: 10/12/2010. [7505209] [08-55483, 08-56740] (MMB)
7610/13/2010 Filed order (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER) Appellees are directed to file a response to the Petition for Rehearing and Rehearing En Banc, filed with this court on October 12, 2010. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered ECF filers must file the original response plus 50 paper copies. . [7507235] [08-55483, 08-56740] (KKW)
7711/03/2010 Filed (ECF) Appellees Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan in 08-55483, Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740 response to petition for panel and en banc rehearing. Date of service: 11/03/2010. [7533874] [08-55483, 08-56740]--[COURT UPDATE: Corrected docket text and event to reflect content of filing (response to PFR, not motion). Resent notice. 11/03/2010 by RY] (RR)
7811/10/2010 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 reply to ,for panel and en banc rehearing (statistical entry),for panel and en banc rehearing. Date of service: 11/10/2010. [7542799]. [08-55483, 08-56740] (MMB)
7911/16/2010 Filed order (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER) Appellant’s motion for leave to file a reply in support of the petition for rehearing and rehearing en banc is hereby DENIED. [7546350] [08-55483, 08-56740] (KKW)
8011/16/2010 Filed order (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER) Appellant’s petition for rehearing and petition for rehearing en banc, filed October 12, 2010, are DENIED. [7546360] [08-55483, 08-56740] (KKW)
8111/24/2010 MANDATE ISSUED.(SST, WAF and CRB) Cost awarded to APPELLEE in the amount of $450.60. [7557246] [08-55483, 08-56740] (LC)
8211/30/2010 Filed (ECF) - Chingfang Chang, Shiang L. Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Hui Jung Lee, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Shieh-Sheng Wei, Chenyang Yan and Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740, Appellees Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan in 08-55483 Motion for attorney fees in the amount of $278,397.50. Date of service: 11/30/2010. [7562208] [08-56740, 08-55483] (CVK)
8312/10/2010 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 response opposing motion (,motion for attorney fees). Date of service: 12/10/2010. [7576914] [08-55483, 08-56740] (BGS)
8412/17/2010 Filed (ECF) Appellees Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan in 08-55483, - Chingfang Chang, Shiang L. Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Hui Jung Lee, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Shieh-Sheng Wei, Chenyang Yan and Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740 reply to response (, ,motion for attorney fees). Date of service: 12/17/2010. [7585238] [08-55483, 08-56740] (CVK)
8501/07/2011 Filed order (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER) Appellees are awarded attorney's fees on appeal. The determination of an appropriate amount of fees on appeal is referred to the court's special master, Appellate Commissioner Peter L. Shaw, who shall conduct whatever proceedings he deems appropriate, and who shall have authority to enter an order awarding fees. See 9th Cir. R. 39-1.9. The order is subject to reconsideration by the panel. [7603315] [08-55483, 08-56740] (BJB)
8601/18/2011 Filed order (Appellate Commissioner) The court granted the appellees’ motion for attorneys’ fees and referred the determination of the appropriate amount of fees to the Appellate Commissioner. The question of the appropriate amount of fees is referred to the Circuit Mediator, who will contact the parties. The Circuit Mediator is requested to inform the Appellate Commissioner of the conclusion of the mediation. (Appellate Commissioner) [7615625] [08-55483, 08-56740] (DL)
8701/21/2011 Filed order MEDIATION (MGS):Pursuant to this court’s order of January 18, 2011, a settlement assessment conference, with counsel only, will be held by telephone on February 7, 2011, at 10:00 a.m. PACIFIC (San Francisco) Time. The Circuit Mediator will initiate the conference call by contacting each person on the attached list of participants at the telephone number listed. Please be available for the call at least five minutes before the scheduled time. [7620691] [08-55483, 08-56740] (KKW)
8801/31/2011 Filed order MEDIATION (AJ):The assessment conference originally scheduled for February 7, 2011, is rescheduled to February 9, 2011, at 10:00 a.m. PACIFIC (San Francisco) Time. [7629804] (KKW)
8902/11/2011 Received letter from the Supreme Court dated 02/08/2011 re: The extension of time to file a petition for writ of certiorari has been granted to and including 3/31/2011. [7646376] [08-55483, 08-56740] (LC)
9006/16/2011 Filed order MEDIATION (AJ): The court will initiate a status conference by telephone on June 23, 2011, at 3:00 p.m. PACIFIC (San Francisco) Time [7787755] [08-55483, 08-56740] (KKW)
9106/24/2011 Filed order MEDIATION (AJ): A further telephonic status conference will be held on July 21, 2011, at 10:00 a.m. PACIFIC (San Francisco) Time. In order to participate, the participants shall call (866) 207-0257, and give authorization code 79200637 to the attendant. [7796586] [08-55483, 08-56740] (KKW)
9207/14/2011 Filed order MEDIATION (AJ): The court’s order of June 24, 2011 is amended to reflect changes in the dial-in conference call information: A further telephonic status conference will be held on July 21, 2011, at 10:00 a.m. PACIFIC (San Francisco) Time. In order to participate, the participants shall call 1-888-273-3658, enter access code 3289905 and security code 085548301. [7820647] [08-55483, 08-56740] (KKW)
9310/03/2011 Received Supreme Court order dated 10/03/2011. Supreme Court No: 10-1202. Re: The court today entered the following order. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the USCA for the Ninth Circuit for further consideration in light of Wal-Mart Stores, Inc. v Dukes, 564 U.S.______(2011). Justice Breyer took no part in the consideration or decision of this petition. The judgment or mandate of this Court will not issue for at least twenty-five days pursuant to Rule 45. Should a petition for rehearing be filed timely, the judgment or mandate will be further stayed pending this Court's action on the petition for rehearing. [7913842] [08-55483, 08-56740] (RR)
9411/07/2011 Received Supreme Court 10/03/2011 judgment. On Petition For Writ Of Certiorari to the USCA for the 9th Circuit. This Cause having been submitted on the petition for writ of certiorari and the response thereto. On Consideration Whereof, it is ordered and adjudged by this Court that the petition for writ of certiorari is granted. The judgment of the above court is vacated with costs, and the case is remanded to the USCA for the 9th Circuit for further consideration in light of Wal-Mart Stores, Inc. v. Dukes, 564 U.S._____(2011). It Is Further Ordered that the petitioner Chinese Daily News, Inc. recover from Lynn Wang, et al. Three Hundred Dollars ($300.00) for costs herein expended. Justice Breyer took no part in the consideration or decision of this petition. Supreme Court case number: 10-1202. [7956227] [08-55483, 08-56740] (RR)
9511/08/2011 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 Motion for miscellaneous relief [MOTION FOR ADDITIONAL BRIEFING AND ORAL ARGUMENT FOLLOWING SUPREME COURT REMAND]. Date of service: 11/08/2011. [7958494] [08-55483, 08-56740] (MMB)
9611/09/2011 Filed order (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER): Appellant’s motion for additional briefing is hereby GRANTED. The parties are ordered to file supplemental briefs in light of Wal-Mart Stores, Inc. v. Dukes, 564 U.S. ____ (2011). Appellant’s brief shall be filed no later than 30 days from the filing of this order. Appellees’ brief shall be filed within 21 days thereafter. Appellant may file a reply brief within 14 days after the filing of Appellee’s brief. Principal briefs may not exceed 7,000 words, and the optional reply brief may not exceed 3,500 words. Oral argument, if necessary, will be scheduled at a later date. [7960630] [08-55483, 08-56740] (AF)
9712/09/2011 Submitted (ECF) Supplemental brief for review. Submitted by Appellant Chinese Daily News, Inc. in 08-55483, 08-56740. Date of service: 12/09/2011. [7995687] [08-55483, 08-56740] (MMB)
9812/12/2011 Filed clerk order: The supplemental brief [97] submitted by Chinese Daily News, Inc. in 08-55483, 08-56740 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a tan cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7996504] [08-55483, 08-56740] (RH)
10012/30/2011 Submitted (ECF) Supplemental brief for review. Submitted by Appellees Yu Fang Ines Kai, Hui Jung Lee and Lynne Wang in 08-55483. Date of service: 12/30/2011. [8016397] [08-55483, 08-56740] (RR)
10101/03/2012 Filed clerk order: The supplemental brief [100] submitted by Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. [8016841] [08-55483, 08-56740] (LA)
10401/13/2012 Submitted (ECF) Supplemental brief for review. Submitted by Appellant Chinese Daily News, Inc. in 08-55483, 08-56740. Date of service: 01/13/2012. [8031530] [08-55483, 08-56740] (MMB)
10501/13/2012 Filed clerk order: The supplemental brief [104] submitted by Chinese Daily News, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. [8031825] [08-55483, 08-56740] (WP)
10704/27/2012 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 citation of supplemental authorities. Date of service: 04/27/2012. [8156304] [08-55483, 08-56740] (BGS)
10805/02/2012 Filed (ECF) Appellees Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan in 08-55483, Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740 citation of supplemental authorities. Date of service: 05/02/2012. [8162635] [08-55483, 08-56740] (CVK)
10905/04/2012 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 citation of supplemental authorities. Date of service: 05/04/2012. [8165564] [08-55483, 08-56740] (MMB)
11105/22/2012 Filed (ECF) Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-55483, 08-56740 citation of supplemental authorities. Date of service: 05/22/2012. [8186993] [08-55483, 08-56740] (CD)
11306/12/2012 Filed clerk order (Deputy Clerk: KKW): Oral argument will be held on Tuesday, July 31, 2012, at 2:00 p.m., in Courtroom One of the James R. Browning United States Courthouse, 95 Seventh Street, San Francisco, California. Each side will be allotted fifteen (15) minutes to presents its arguments. . [8211920] [08-55483, 08-56740] (KKW)
11406/12/2012 Notice of Oral Argument on JULY 31, 2012 SF Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [8211952] [08-55483, 08-56740] (KS)
11506/13/2012 Filed (ECF) notice of appearance of Randy Renick for Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-55483. Date of service: 06/13/2012. [8212884] [08-55483, 08-56740] (RR)
11706/13/2012 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Michael M. Berger for Appellant Chinese Daily News, Inc. in 08-55483, Attorney Benjamin G. Shatz for Appellant Chinese Daily News, Inc. in 08-56740. [8213200] [08-55483, 08-56740] (MMB)
11806/13/2012 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Randy Renick for Appellees Yu Fang Ines Kai, Hui Jung Pao, Lynne Wang and Yu Fang Kai. [8213942] (RR)
12008/06/2012 Filed (ECF) Appellees Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan in 08-55483, - Chingfang Chang, Shiang L. Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Hui Jung Lee, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Shieh-Sheng Wei, Chenyang Yan and Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740 Correspondence: Notice of Withdrawal of Individual Counsel. Date of service: 08/06/2012 [8276208] [08-55483, 08-56740] (CD)
12203/04/2013 FILED OPINION (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER) REVERSED IN PART; VACATED IN PART; REMANDED. , Judge: WAF Authoring, FILED AND ENTERED JUDGMENT. [8534546] [08-55483, 08-56740] (RP)
12303/08/2013 Filed (ECF) Appellant Chinese Daily News, Inc. bill of costs (Form 10) in the amount of $2,876.30 USD. Date of service: 03/08/2013 [8544107] (BGS)
12403/12/2013 Filed (ECF) - Chingfang Chang, Shiang L. Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Hui Jung Lee, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Shieh-Sheng Wei, Chenyang Yan and Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740, Appellees Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan in 08-55483 Correspondence: Re: Error in Counsel Listing. Date of service: 03/11/2013 [8546896] [08-56740, 08-55483] (RR)
12503/18/2013 Filed (ECF) Appellees Chang Chingfang, Shiang Huang, Jenny Liu Hung, Lien Yi Jung, Yu Fang Kai, Yu Fang Ines Kai, Hui Jung Lee, Hui Jung Pao, Yun Min Pao, Chih-Ming Sheu, Jeffrey Sun, Minh Vi-Huynh, Lynne Wang, Shieh-Sheng Wei and Chengyang Yan in 08-55483, Appellees Yu Fang Ines Kai, Hui Jung Pao and Lynne Wang in 08-56740 petition for rehearing en banc (from 03/04/2013 opinion). Date of service: 03/18/2013. [8555485] [08-55483, 08-56740] (RR)
12603/22/2013 Filed order (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER) Appellants are directed to file a response to the Petition for Rehearing and Rehearing En Banc, filed with this court on March 18, 2013. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered ECF filers must file the original response plus 50 paper copies. . [8561741] [08-55483, 08-56740] (KKW)
12703/28/2013 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Impact Fund, Lawyers' Committee For Civil Rights of The San Francisco Bay Area, Legal Aid Society - Employment Law Center. Date of service: 03/28/2013. [8568114] [08-55483, 08-56740] (JDL)
127.1 Main Document
127.2 Certificate of Service
12903/28/2013 Filed clerk order: The amicus brief [127] submitted by Impact Fund in 08-55483 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8568330] [08-55483, 08-56740] (EL)
13003/28/2013 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Employment Lawyers Association. Date of service: 03/28/2013. [8568600] [08-55483, 08-56740] (DB)
13203/28/2013 Filed clerk order: The amicus brief [130] submitted by National Employment Lawyers Association is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8568766] [08-55483, 08-56740] (EL)
13303/29/2013 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-56740, 08-55483 Correspondence: Substitution of Yi-Chin Ho as lead counsel for Chinese Daily News, Inc.. Date of service: 03/29/2013 [8570978] [08-56740, 08-55483] (YH)
13804/12/2013 Filed (ECF) notice of appearance of Joseph B. Farrell for Appellant Chinese Daily News, Inc. in 08-55483, 08-56740. Date of service: 04/12/2013. [8587916] [08-55483, 08-56740] (JBF)
13904/12/2013 Filed (ECF) notice of appearance of Paul T. Crane for Appellant Chinese Daily News, Inc. in 08-55483, 08-56740. Date of service: 04/12/2013. [8587948] [08-55483, 08-56740] (PTC)
14004/12/2013 Filed (ECF) Appellant Chinese Daily News, Inc. in 08-55483, 08-56740 response to motion (,for rehearing by en banc only (all active, any interested senior judges)). Date of service: 04/12/2013. [8587979] [08-55483, 08-56740] (YH)
00902050773106/02/2009 Filed clerk order: Opening Brief [36] filed by Chinese Daily News, Inc. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a Blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [08-55483, 08-56740] (GLS)