Eakins v. Whaleco

24-6048 | U.S. Court of Appeals, Tenth Circuit

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Filed March 18, 2024
Nature of Suit 3890 Statutory Actions - Other
Original Case 5:23-cv-00560
Last Updated: 1 month ago Show Interactive Timeline
Filing Date # Docket Text
2/4/202554
  • Motion to Withdraw as CounselGranted
[11156160] Order filed by Clerk of the Court granting Appellant Valerie Eakins' motion to withdraw as counsel. Attorney Arun Ravindran is withdrawn as counsel. Frank S. Hedin, Mary Quinn Cooper, and Kathy R. Neal will continue to serve as counsel for Valerie Eakins in this appeal. Served on 02/04/2025. Text only entry - no attachment. [24-6048] [Entered: 02/04/2025 02:23 PM]
2/3/2025[11155923] Motion filed by Appellee Valerie Eakins for attorney Arun G. Ravindran to withdraw as counsel. Served on: 02/03/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] AR [Entered: 02/03/2025 05:35 PM]
12/4/2024
  • Motion to Reschedule Oral ArgumentGranted
[11141579] Order filed by Clerk of the Court granting Appellant's motion to reschedule oral argument as follows: The January 21, 2025 oral argument in this matter is VACATED, and all counsel are excused from attendance. This matter will be reset for oral argument with No. 24-6155, Smith v. Whaleco, when that appeal is fully briefed. Served on 12/04/2024. [24-6048] [Entered: 12/04/2024 02:19 PM]
11/26/2024
  • Reply
[11139857] Reply filed by Appellant Whaleco, Inc. to Appellee's response to Appellant's Motion to Continue Oral Argument . Served on: 11/26/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048]--[Edited 11/26/2024 by RLS to correct docket event code and docket text.] BGS [Entered: 11/26/2024 11:58 AM]
11/25/2024
  • Motion to Continue
[11139520] Response filed by Valerie Eakins to Defendant-Appellant Temu's Motion to Continue Oral Argument to Allow Related Appeals to be Argued Together and Request that the Related Appeals be consolidated for Argument and Decision. Served on 11/25/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] KRN [Entered: 11/25/2024 02:11 PM]
11/18/2024
  • Order
[11137549] Order filed by Clerk of the Court, response to Appellant's Motion to Continue Oral Argument due on 11/25/2024 for Valerie Eakins. Served on 11/18/2024. [24-6048] [Entered: 11/18/2024 02:56 PM]
11/15/2024[11137225] Calendar Acknowledgment Form filed by Valerie Eakins. Served on 11/15/2024. Manner of Service: email. [24-6048] AR [Entered: 11/15/2024 05:08 PM]
11/15/2024[11137038] Motion filed by Appellant Whaleco, Inc. to reschedule oral argument. This pleading complies with 10th Cir. R. 34.1(A)(3): Yes. Served on: 11/15/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] BGS [Entered: 11/15/2024 11:45 AM]
11/5/2024[11134322] Oral argument notice filed. This matter is set for IN PERSON oral argument on 1/21/2025 at 9:00 A.M. Mountain Time in Courtroom III of the Byron White United States Courthouse, Denver, CO. Arguing counsel must carefully review the attached notice. Within 10 days of today's date, arguing counsel must review the argument calendar available on the court's website, and download, complete, and e-file the required calendar form(s). Counsel for amici parties may not participate in argument without written permission from the court. Arguing counsel must check-in at the Clerk's Office 45 minutes prior to the start of arguments. [24-6048] [Entered: 11/05/2024 03:20 PM]
10/16/2024[11129025] Supplemental authority filed by Whaleco, Inc.. Served on 10/16/2024. Manner of Service: email. [24-6048] BGS [Entered: 10/16/2024 11:39 AM]
9/17/202444[11121409] Paper copies of appellant's reply brief received from Whaleco, Inc. [24-6048] [Entered: 09/17/2024 11:05 AM]
9/11/202443
  • Order
[11119979] Minute order filed - the reply brief submitted by appellant is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies due 09/18/2024 by Whaleco, Inc. (Text Only - No Attachment) [24-6048] [Entered: 09/11/2024 12:58 PM]
9/11/2024[11119957] Appellant/Petitioner's reply brief filed by Whaleco, Inc.. Served on 09/11/2024. Manner of Service: email. Word/page count: 6498. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] BGS [Entered: 09/11/2024 12:35 PM]
9/5/202441
  • Order
[11118332] Order filed by Clerk of the Court referring appellant's reply in support of motion to strike [40] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 09/05/2024. Text only entry - no attachment. [24-6048] [Entered: 09/05/2024 12:15 PM]
9/5/2024[11118318] Appellant's reply in support of motion to strike supplemental appendix filed by Whaleco, Inc. Served on 09/05/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] --[Edited 09/05/2024 by SLS to correct docket event and text.] BGS [Entered: 09/05/2024 11:50 AM]
8/30/2024
  • Motion to Strike
[11116713] Order filed by Clerk of the Court - Appellant's motion to strike and the response in opposition is referred to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 08/30/2024. [24-6048] [Entered: 08/30/2024 10:04 AM]
8/30/2024
  • Motion to Strike
[11116673] Response filed by Valerie Eakins to Motion to Strike Appellee's Supplemental Appendix. Served on 08/30/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] KRN [Entered: 08/30/2024 09:07 AM]
8/20/2024
  • Order
[11113854] Order filed by Clerk of the Court - This matter is before the court on appellant's Motion to Strike Appellee Eakin's Supplemental Appendix. The appellee is directed to file a written response to the Motion on or before 08/30/2024. If the appellee chooses not to file a written opposition to the Motion on or before 08/30/2024, the court will treat the Motion as unopposed and proceed on that basis response to Attorney motion to strike due Response due on 08/30/2024 for Valerie Eakins. See attached order for details. Served on 08/20/2024. [24-6048] [Entered: 08/20/2024 10:49 AM]
8/20/202436
  • Order
[11113721] Order filed by Clerk of the Court - This matter is before the court on appellant's motion for a 21-day extension of time to file reply brief. Upon consideration, the motion is granted in part. Appellant's optional reply brief now due 09/11/2024 for Whaleco, Inc. No further extensions will be granted on the Clerk's authority. Served on 08/20/2024. Text only entry - no attachment. [24-6048] [Entered: 08/20/2024 06:21 AM]
8/19/2024[11113713] Motion filed by Appellant Whaleco, Inc. to strike APPELLEE EAKIN'S SUPPLEMENTAL APPENDIX. Served on: 08/19/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] BGS [Entered: 08/19/2024 05:51 PM]
8/19/2024[11113712] Motion filed by Appellant Whaleco, Inc. to extend time to file a reply brief until 09/18/2024. Served on: 08/19/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] BGS [Entered: 08/19/2024 05:47 PM]
8/9/202433[11111484] Paper copies of appellee's brief and supplemental appendix received from Valerie Eakins. [24-6048] [Entered: 08/09/2024 01:42 PM]
8/8/202432
  • Order
[11111049] Minute order filed - the brief (and appendix) submitted by appellee is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filings, including number of volumes filed (for appendices). Paper copies of appellee's brief and supplemental appendix due 08/15/2024 by Valerie Eakins. Appellant's optional reply brief now due 08/28/2024 for Whaleco, Inc. (Text Only - No Attachment) [24-6048] [Entered: 08/08/2024 08:44 AM]
8/7/2024[11110943] Supplemental appendix filed by Valerie Eakins. Total number of volumes filed: 1. Served on 08/07/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] KRN [Entered: 08/07/2024 03:23 PM]
8/7/2024[11110941] Appellee/Respondent's brief filed by Valerie Eakins. Served on: 08/07/2024. Manner of service: email. Oral argument requested? No. Word/page count: 12,606 words. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] --[Edited text (oral argument answer and word/page count) 08/07/2024 by SLS] KRN [Entered: 08/07/2024 03:19 PM]
7/10/202428[11104060] Paper copies of appellant's opening brief and appendix received from Whaleco, Inc. [24-6048] [Entered: 07/10/2024 06:08 PM]
7/8/202427
  • Order
[11103218] Minute order filed - The brief and appendix submitted by appellant are accepted for filing. Paper copies of appellant's brief and appendix are due 07/15/2024 by Whaleco, Inc. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes filed for appendices. Appellee's response brief now due 08/07/2024 for Valerie Eakins. (Text Only - No Attachment) [24-6048] [Entered: 07/08/2024 01:03 PM]
7/8/2024[11103177] Appellant's appendix filed by Whaleco, Inc.. Total number of volumes filed: 1. Served on 07/08/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] BGS [Entered: 07/08/2024 11:45 AM]
7/8/2024[11103174] Appellant/Petitioner's brief filed by Whaleco, Inc.. Served on 07/08/2024 by email. Oral argument requested? Yes. Word/page count: 8675. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] BGS [Entered: 07/08/2024 11:39 AM]
5/22/202424
  • Motion to Extend Time to File BriefGranted
[11092312] Order filed by Clerk of the Court granting appellant's motion to extend time to file brief and appendix. Appellant's brief and appendix are now due on 07/08/2024 for Whaleco, Inc. No further extensions will be granted on the Clerk's authority. Served on 05/22/2024. Text only entry - no attachment. [24-6048] [Entered: 05/22/2024 02:22 PM]
5/22/2024[11092293] Motion filed by Appellant Whaleco, Inc. to extend time to file appellant/petitioner's brief until 07/08/2024. Served on: 05/22/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-6048] BGS [Entered: 05/22/2024 01:51 PM]
4/24/2024[11084490] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellant's brief and appendix until 06/06/2024 for Whaleco, Inc. [24-6048] [Entered: 04/24/2024 11:06 AM]
4/1/2024[11078774] Entry of appearance filed by Arun Ravindran and Frank Hedin for Valerie Eakins. CERT. OF INTERESTED PARTIES: n. Served on 04/01/2024. Manner of Service: email. [24-6048] [Entered: 04/01/2024 04:46 PM]
4/1/202417[11078766] Entry of appearance submitted by Frank S. Hedin for Appellee Valerie Eakins for court review. Certificate of Interested Parties: No. Served on 04/01/2024. Manner of Service: email. [24-6048] --[Edited 04/01/2024 by SLS to remove PDF from docket entry as the document has been filed.] FH [Entered: 04/01/2024 04:34 PM]
4/1/2024[11078735] Entry of appearance filed by Mary Quinn Cooper and Kathy R. Neal for Valerie Eakins. CERT. OF INTERESTED PARTIES: n. Served on 04/01/2024. Manner of Service: email. [24-6048] [Entered: 04/01/2024 03:37 PM]
4/1/202415[11078725] Entry of appearance submitted by Kathy R. Neal for Appellee Valerie Eakins for court review. Certificate of Interested Parties: No. Served on 04/01/2024. Manner of Service: email. [24-6048] --[Edited 04/01/2024 by SLS to remove PDF from docket entry as the document has been filed.] KRN [Entered: 04/01/2024 03:23 PM]
4/1/2024[11078508] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 04/08/2024 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [24-6048] [Entered: 04/01/2024 09:46 AM]
3/29/2024[11078282] Docketing statement filed by Whaleco, Inc.. Served on 03/29/2024. Manner of Service: email. [24-6048] BGS [Entered: 03/29/2024 11:09 AM]
3/29/2024[11078162] Entry of appearance filed by Benjamin G. Shatz for Whaleco, Inc. CERT. OF INTERESTED PARTIES: y (All parties previously disclosed.). Served on 03/28/2024. Manner of Service: email [24-6048] [Entered: 03/29/2024 06:47 AM]
3/28/2024[11078132] Rule 26 Disclosure Statement filed by Whaleco, Inc.. More than 50 parties disclosed: no. Served on 03/28/2024. Manner of Service: email. [24-6048] BGS [Entered: 03/28/2024 04:42 PM]
3/28/20249[11078112] Entry of appearance submitted by Benjamin G. Shatz for Appellant Whaleco, Inc. for court review. Certificate of Interested Parties: Yes. Served on 03/28/2024. Manner of Service: email. [24-6048]--[Edited 03/29/2024 by DJD. Removed PDF as pleading filed 3/29/24] BGS [Entered: 03/28/2024 04:24 PM]
3/28/2024[11078004] Filed notice record is complete. Served on 03/28/2024. Appellant's brief and appendix due on 05/07/2024 for Whaleco, Inc. [24-6048] [Entered: 03/28/2024 01:29 PM]
3/28/20245
  • Order
[11077916] Minute order filed - Notice due that record is complete by 04/04/2024 for Carmelita Reeder Shinn. (Text Only - No Attachment) [24-6048] [Entered: 03/28/2024 11:06 AM]
3/28/2024[11077912] Entry of appearance filed by John Alfred Burkhardt, Jr. for Whaleco, Inc. CERT. OF INTERESTED PARTIES: y. Served on 03/28/2024. Manner of Service: email [24-6048] [Entered: 03/28/2024 11:01 AM]
3/28/2024[11077892] Notice received from Whaleco, Inc. that a transcript is not necessary for this appeal. Served on: 03/28/2024. Manner of Service: email [24-6048] JAB [Entered: 03/28/2024 10:41 AM]
3/28/20241[11077890] Entry of appearance submitted by John A. Burkhardt for Appellant Whaleco, Inc. for court review. Certificate of Interested Parties: Yes. Served on 03/28/2024. Manner of Service: email. [24-6048]--[Edited 03/28/2024 by DJD. Removed PDF as pleading filed 3/28/24] JAB [Entered: 03/28/2024 10:38 AM]
3/18/2024[11075025] Civil case docketed. Preliminary record filed. DATE RECEIVED: 03/18/2024 Docketing statement, transcript oder form, disclosure statement and notice of appearance due 04/01/2024 for Whaleco, Inc. Notice of appearance due on 04/01/2024 for Valerie Eakins. [24-6048] [Entered: 03/18/2024 03:45 PM]