Judge 
Party 
Law Firm FTC v. Gary Hewitt, et al
21-56037 | U.S. Court of Appeals, Ninth Circuit
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Filed
Sept. 22, 2021
Terminated
May 11, 2023
Judges
Hurwitz
and
Bade
Nature of Suit
1890 Statutory Actions - Other
Last Updated: 1 year, 4 months ago
Show Interactive Timeline
| Filing Date | # | Docket Text |
|---|---|---|
| 7/3/2023 | 48 | MANDATE ISSUED.(DFO, ADH and BSB) [12747548] (JFF) [Entered: 07/03/2023 08:51 AM] |
| 5/11/2023 | 47 | FILED OPINION (DIARMUID F. O'SCANNLAIN, ANDREW D. HURWITZ and BRIDGET S. BADE) For the foregoing reasons, the judgment of the district court is AFFIRMED. Judge: DFO Authoring. FILED AND ENTERED JUDGMENT. [12713679] (MM) [Entered: 05/11/2023 09:05 AM] |
| 2/23/2023 | 46 | Filed (ECF) Appellee FTC citation of supplemental authorities. Date of service: 02/23/2023. [12659949] [21-56037] (Hoffman, Matthew) [Entered: 02/23/2023 01:30 PM] |
| 2/16/2023 | 45 | ARGUED AND SUBMITTED TO DIARMUID F. O'SCANNLAIN, ANDREW D. HURWITZ and BRIDGET S. BADE. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12654600] (DLM) [Entered: 02/16/2023 10:45 AM] |
| 1/9/2023 | 44 | Filed (ECF) Acknowledgment of hearing notice by Attorney Kevin J. Leichter for Appellant Gary Hewitt. Hearing in Pasadena on 02/16/2023 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/09/2023. [12625759] [21-56037] (Leichter, Kevin) [Entered: 01/09/2023 11:16 AM] |
| 1/3/2023 | 43 | Filed (ECF) Acknowledgment of hearing notice by Attorney Matthew Michael Hoffman for Appellee FTC. Hearing in Pasadena on 02/16/2023 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/03/2023. [12621013] [21-56037] (Hoffman, Matthew) [Entered: 01/03/2023 08:03 AM] |
| 1/3/2023 | 42 | Attorney Theodore P. Metzler in 21-56037 substituted by Attorney Matthew Michael Hoffman in 21-56037 [12621011] (NAC) [Entered: 01/03/2023 07:56 AM] |
| 1/3/2023 | 41 | Filed (ECF) notice of appearance of Matthew Michael Hoffman (Federal Trade Commission, 600 Pennsylvania Ave N.W., Washington, DC 20580) for Appellee FTC. Substitution for Attorney Theodore P. Metzler for Appellee FTC. Date of service: 01/03/2023. (Party was previously proceeding with counsel.) [12620960] [21-56037] (Hoffman, Matthew) [Entered: 01/03/2023 07:15 AM] |
| 12/4/2022 | 40 | Notice of Oral Argument on Thursday, February 16, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. 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 may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, February 16, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12601560]. [21-56037] (KS) [Entered: 12/04/2022 06:09 AM] |
| 10/26/2022 | 39 | Received 6 paper copies of Reply Brief [37] filed by Gary Hewitt. [12573292] (SD) [Entered: 10/26/2022 11:56 AM] |
| 10/25/2022 | 38 | Filed clerk order: The reply brief [37] submitted by Gary Hewitt is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12572461] (KT) [Entered: 10/25/2022 12:22 PM] |
| 10/24/2022 | 37 | Submitted (ECF) Reply Brief for review. Submitted by Appellant Gary Hewitt. Date of service: 10/24/2022. [12572042] [21-56037] (Hewitt, Andrew) [Entered: 10/24/2022 09:00 PM] |
| 10/18/2022 | 36 | Filed clerk order (Deputy Clerk: GS): Granting Motion [34] (ECF Filing) filed by Appellant Gary Hewitt; The optional reply brief is due 10/24/2022. [12566832] (GS) [Entered: 10/18/2022 03:47 PM] |
| 10/17/2022 | 35 | This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 2023 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. 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 letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12565521]. [21-56037] (KS) [Entered: 10/17/2022 03:51 PM] |
| 10/17/2022 | 34 | Filed (ECF) Appellant Gary Hewitt Urgent Motion to extend time to file Reply brief until 10/24/2022. Date of service: 10/17/2022. [12565008] [21-56037] (Leichter, Kevin) [Entered: 10/17/2022 12:52 PM] |
| 9/16/2022 | 33 | Filed clerk order (Deputy Clerk: GS): Granting Motion [32] (ECF Filing) filed by Appellant Gary Hewitt; The optional reply brief is due 10/17/22. [12541987] (GS) [Entered: 09/16/2022 09:53 AM] |
| 9/14/2022 | 32 | Filed (ECF) Appellant Gary Hewitt Unopposed Motion to extend time to file Reply brief until 10/17/2022. Date of service: 09/14/2022. [12540462] [21-56037] (Leichter, Kevin) [Entered: 09/14/2022 03:23 PM] |
| 8/18/2022 | 31 | Filed clerk order (Deputy Clerk: LBS): Appellant’s unopposed motion (Docket Entry No. [30]) for an extension of time to file the reply brief is granted. The optional reply brief is due September 16, 2022. [12519922] (RY) [Entered: 08/18/2022 12:30 PM] |
| 8/16/2022 | 30 | Filed (ECF) Appellant Gary Hewitt Motion to extend time to file Reply brief until 09/16/2022. Date of service: 08/16/2022. [12518020] [21-56037] (Leichter, Kevin) [Entered: 08/16/2022 12:04 PM] |
| 8/3/2022 | 29 | Filed (ECF) Attorney Kevin J. Leichter for Appellant Gary Hewitt response to notice for case being considered for oral argument. Date of service: 08/03/2022. [12508892] [21-56037] (Leichter, Kevin) [Entered: 08/03/2022 02:49 PM] |
| 8/1/2022 | 28 | This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for November 2022 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. 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 letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12506017]. [21-56037] (KS) [Entered: 08/01/2022 10:21 AM] |
| 7/18/2022 | 27 | Streamlined request [26] by Appellant Gary Hewitt to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 08/17/2022. [12496166] (BG) [Entered: 07/18/2022 01:21 PM] |
| 7/18/2022 | 26 | Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Gary Hewitt. New requested due date is 08/17/2022. [12495899] [21-56037] (Leichter, Kevin) [Entered: 07/18/2022 11:06 AM] |
| 7/5/2022 | 25 | Received 6 paper copies of Answering Brief [23] filed by FTC. [12486465] (SD) [Entered: 07/05/2022 02:25 PM] |
| 6/28/2022 | 24 | Filed clerk order: The answering brief [23] submitted by FTC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12481915] (KT) [Entered: 06/28/2022 12:39 PM] |
| 6/27/2022 | 23 | Submitted (ECF) Answering Brief for review. Submitted by Appellee FTC. Date of service: 06/27/2022. [12480970] [21-56037] (Metzler, Theodore) [Entered: 06/27/2022 02:45 PM] |
| 5/17/2022 | 22 | Filed clerk order (Deputy Clerk: GS): Granting Motion [21] (ECF Filing) filed by Appellee FTC; Appellee Federal Trade Commission answering brief due 06/27/2022. The optional reply brief is due 21 days after service of the answering brief. [12449406] (GS) [Entered: 05/17/2022 04:21 PM] |
| 5/16/2022 | 21 | Filed (ECF) Appellee FTC Motion to extend time to file Answering brief until 06/27/2022. Date of service: 05/16/2022. [12447874] [21-56037] (Metzler, Theodore) [Entered: 05/16/2022 12:49 PM] |
| 4/8/2022 | 20 | Received 6 paper copies of Opening Brief [14] filed by Gary Hewitt. [12418295] (CPA) [Entered: 04/12/2022 09:46 AM] |
| 4/8/2022 | 19 | Received 3 paper copies of excerpts of record [15] in 8 volume(s) and index volume filed by Gary Hewitt. [12416817] (CPA) [Entered: 04/11/2022 09:03 AM] |
| 4/6/2022 | 18 | Streamlined request [17] by Appellee FTC to extend time to file the brief is approved. Amended briefing schedule: Appellee Federal Trade Commission answering brief due 05/27/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12414321] (BG) [Entered: 04/06/2022 03:36 PM] |
| 4/6/2022 | 17 | Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee FTC. New requested due date is 05/27/2022. [12413925] [21-56037] (Metzler, Theodore) [Entered: 04/06/2022 11:37 AM] |
| 4/5/2022 | 16 | Filed clerk order: The opening brief [14] submitted by Gary Hewitt is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: blue. The excerpts of record [15] submitted by Gary Hewitt are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12413335] (LA) [Entered: 04/05/2022 03:39 PM] |
| 3/28/2022 | 15 | Submitted (ECF) excerpts of record. Submitted by Appellant Gary Hewitt. Date of service: 03/28/2022. [12406982] [21-56037]--[COURT UPDATE: Attached corrected excerpts. 04/05/2022 by LA] (Leichter, Kevin) [Entered: 03/28/2022 10:27 PM] |
| 3/28/2022 | 14 | Submitted (ECF) Opening Brief for review. Submitted by Appellant Gary Hewitt. Date of service: 03/28/2022. [12406981] [21-56037]--[COURT UPDATE: Attached corrected brief. 04/05/2022 by LA] (Leichter, Kevin) [Entered: 03/28/2022 10:25 PM] |
| 1/27/2022 | 13 | Filed clerk order (Deputy Clerk: MKS): Appellant’s motion (Docket Entry No. [12]) for an extension of time to file the opening brief is granted in part. The opening brief is due March 28, 2022. The answering brief is due April 27, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12353096] (RY) [Entered: 01/27/2022 10:15 AM] |
| 1/26/2022 | 12 | Filed (ECF) Appellant Gary Hewitt Motion to extend time to file Opening brief until 04/27/2022. Date of service: 01/26/2022. [12351783] [21-56037] (Leichter, Kevin) [Entered: 01/26/2022 11:05 AM] |
| 12/21/2021 | 11 | Streamlined request [10] by Appellant Gary Hewitt to extend time to file the brief is approved. Streamlined requests only allow for 30 days. Amended briefing schedule: Appellant Gary Hewitt opening brief due 01/27/2022. Appellee Federal Trade Commission answering brief due 02/28/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12321419] (BG) [Entered: 12/21/2021 08:28 AM] |
| 12/20/2021 | 10 | Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Gary Hewitt. New requested due date is 01/31/2022. [12321077] [21-56037] (Leichter, Kevin) [Entered: 12/20/2021 04:00 PM] |
| 11/17/2021 | 9 | MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12290584] (VS) [Entered: 11/17/2021 02:52 PM] |
| 11/1/2021 | 8 | MEDIATION CONFERENCE CANCELLED - 11/02/2021, 12:00 p.m. Pacific Time. (originally scheduled on 11/02/2021 ). [12273776] (LW) [Entered: 11/01/2021 09:07 AM] |
| 10/20/2021 | 7 | MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 11/02/2021, 12:00 p.m., Pacific Time. See order for details. [12263423] (VS) [Entered: 10/20/2021 03:05 PM] |
| 10/8/2021 | 6 | MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 10/20/2021, 2:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12251673] (VS) [Entered: 10/08/2021 08:50 AM] |
| 9/29/2021 | 5 | The Mediation Questionnaire for this case was filed on 09/29/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link. 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.[12243341]. [21-56037] (AD) [Entered: 09/29/2021 06:44 PM] |
| 9/29/2021 | 4 | Filed (ECF) Appellant Gary Hewitt Mediation Questionnaire. Date of service: 09/29/2021. [12243134] [21-56037] (Leichter, Kevin) [Entered: 09/29/2021 04:00 PM] |
| 9/29/2021 | 3 | Added Attorney(s) Theodore P. Metzler for party(s) Appellee FTC, in case 21-56037. [12242709] (RR) [Entered: 09/29/2021 01:08 PM] |
| 9/29/2021 | 2 | Filed (ECF) notice of appearance of Theodore (Jack) Metzler (Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, D.C. 20580) for Appellee FTC. Date of service: 09/29/2021. (Party was previously proceeding with counsel.) [12242222] [21-56037] (Metzler, Theodore) [Entered: 09/29/2021 08:57 AM] |
| 9/22/2021 | 1 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Gary Hewitt Mediation Questionnaire due on 09/29/2021. Transcript ordered by 10/20/2021. Transcript due 11/18/2021. Appellant Gary Hewitt opening brief due 12/28/2021. Appellee Federal Trade Commission answering brief due 01/28/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12235988] (RT) [Entered: 09/22/2021 01:48 PM] |
