Brown, et al. v. Alaska Airlines, Inc., et al.

Court
9th Cir.
Docket number
24-3789
Filed
Last filing
Case
Brown v. Alaska Airlines Inc
Cite
Brown v. Alaska Airlines, Inc., No. 24-3789 (9th Cir. filed June 18, 2024)
Source
Docket on CourtListener(opens another site)

The 3 court documents filed in this docket, as listed for its case.

Docket entries

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Docket entries
No.DateDescriptionDocument
51Paper copies (3) of Excerpts of Record in 7 Volumes and Index Volume submitted at DE 44 by Appellee Association of Flight Attendants-CWA AFL-CIO received.  [Entered: 01/15/2025 12:50 PM]Open(opens another site)
52Paper copies (6) of Answering Brief submitted at DE 43 by Appellee Association of Flight Attendants-CWA AFL-CIO received. [Entered: 01/15/2025 12:53 PM]Open(opens another site)
53ORDER FILED. Answering Brief submitted at DE 47 by Appellee Alaska Airlines, Inc. is filed. Within 7 days of this order, Appellee must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 48 by Appellee Alaska Airlines, Inc. are filed. Within 7 days of this order, Appellee must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerk’s principal office.  [Entered: 01/15/2025 02:48 PM]Open(opens another site)
54AMICUS BRIEF by government or with consent submitted for filing by Lambda Legal Defense and Education Fund. [Entered: 01/15/2025 03:31 PM]Open(opens another site)
55ADDED Amicus Curiae Lambda Legal Defense and Education Fund, Inc., Counsel for Amicus Curiae Nathan Maxwell [Entered: 01/16/2025 11:06 AM]Open(opens another site)
56ORDER FILED. Amicus Brief submitted at DE 54 by Lambda Legal Defense and Education Fund is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 01/16/2025 11:15 AM]Open(opens another site)
57Paper copies (3) of Excerpts of Record in 4 Volumes and Index Volume submitted at DE 48 by Appellee Alaska Airlines, Inc. received.  [Entered: 01/21/2025 11:19 AM]Open(opens another site)
58ORDER FILED. The unopposed motion of appellee Association of Flight Attendants-CWA AFL-CIO to transmit physical exhibits (Docket Entry No. 46) is granted. See 9th Cir. R. 27-14. Appellee must submit four copies of the exhibits within seven days after the date of this order. [Entered: 01/23/2025 02:54 PM]Open(opens another site)
59Paper copies (6) of Answering Brief submitted at DE 47 by Appellee Alaska Airlines, Inc. received. [Entered: 01/24/2025 10:05 AM]Open(opens another site)
60Paper copies (6) of Amicus Brief submitted at DE 54 by Lambda Legal Defense and Education Fund received. [Entered: 01/24/2025 04:19 PM]Open(opens another site)
61Paper copies (6 additional) of Amicus Brief submitted at DE 54 by Lambda Legal Defense and Education Fund received. [Entered: 01/27/2025 05:10 PM]Open(opens another site)
62PHYSICAL EXHIBITS (4 copies) filed by Appellee Association of Flight Attendants-CWA AFL-CIO: audio exhibits on USB drive. [Entered: 01/29/2025 03:00 PM]Open(opens another site)
63MOTION to File Oversized Brief filed by Appellant Marli Brown, Appellant Lacey Smith.--[Court Update: Removed brief, correctly filed at DE 64] [Entered: 01/29/2025 05:09 PM] [Edited: 01/30/2025 10:12 AM]Open(opens another site)
64REPLY BRIEF submitted for filing by Appellant Marli Brown, Appellant Lacey Smith.--[Court entered filing, brief incorrectly attached to motion at DE 63] [Entered: 01/30/2025 10:11 AM]Open(opens another site)
65ORDER FILED. Appellants’ motion for leave to file an oversized reply brief (Docket Entry No. 63) is granted. See 9th Cir. R. 32-2(a). The Clerk will file the reply brief submitted at Docket Entry No. 64. [Entered: 02/03/2025 08:19 AM]Open(opens another site)
66ORDER FILED. Reply Brief submitted at DE 64 by Appellant Lacey Smith, Appellant Marli Brown is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 02/03/2025 08:26 AM]Open(opens another site)
67Paper copies (6) of Reply Brief submitted at DE 64 by Appellants received. [Entered: 02/05/2025 11:15 AM]Open(opens another site)
68NOTICE: This case is being considered for an upcoming oral argument calendar in Seattle. Please review the Seattle sitting dates for July 2025 and the subsequent sitting month in that location at http://www.ca9.uscourts.gov/court_sessions. 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 (http://www.ca9.uscourts.gov/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 (http://www.ca9.uscourts.gov/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. [24-3789] [Entered: 03/11/2025 01:21 PM]Open(opens another site)
69RESPONSE to notice of case being considered for oral argument filed by Lauren Parris Watts. [Entered: 03/14/2025 02:55 PM]Open(opens another site)
70NOTICE OF APPEARANCE by Katherine Hartley for Amicus Curiae Pacific Justice Institute. [Entered: 03/25/2025 11:20 AM]Open(opens another site)
71ADDED Counsel for Amicus Curiae Katherine Hartley [Entered: 03/25/2025 11:35 AM]Open(opens another site)
72NOTICE of Withdrawal as Counsel filed by Emily Claire Mimnaugh. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 04/10/2025 01:28 PM]Open(opens another site)
73TERMINATED participation of Counsel for Amicus Curiae Emily Claire Mimnaugh, representing Amicus Curiae Pacific Justice Institute. [Entered: 04/10/2025 01:36 PM]Open(opens another site)
74NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for August 2025 and the subsequent sitting month in that location at http://www.ca9.uscourts.gov/court_sessions. 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 (http://www.ca9.uscourts.gov/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 (http://www.ca9.uscourts.gov/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. [24-3789] [Entered: 04/15/2025 03:02 PM]Open(opens another site)
75NOTICE OF ORAL ARGUMENT on Friday, August 22, 2025 - 09:00 A.M. - Courtroom 1 - 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. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. 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 a remote appearance that has been approved or directed by the panel. 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. [24-3789] [Entered: 06/08/2025 12:17 PM]Open(opens another site)
76NOTICE of Withdrawal as Counsel filed by Darin Dalmat. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 06/10/2025 09:56 AM]Open(opens another site)
77TERMINATED participation of Counsel for Appellee Darin Dalmat, representing Appellee Association of Flight Attendants-CWA AFL-CIO. [Entered: 06/10/2025 10:05 AM]Open(opens another site)
78CITATION of Supplemental Authorities (28j Letter) filed by Appellant Marli Brown, Appellant Lacey Smith. [Entered: 06/11/2025 12:44 PM]Open(opens another site)
79NOTICE of Withdrawal as Counsel filed by Nathaniel Joseph Wonderly. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 06/25/2025 03:50 PM]Open(opens another site)
80TERMINATED participation of Counsel for Appellee Nathaniel Joseph Wonderly, representing Appellee Alaska Airlines, Inc.. [Entered: 06/25/2025 04:06 PM]Open(opens another site)
81CITATION of Supplemental Authorities (28j Letter) filed by Appellant Marli Brown, Appellant Lacey Smith. [Entered: 07/07/2025 02:08 PM]Open(opens another site)
82DEFECTIVE---MOTION to Participate in Oral Argument filed by Appellee Association of Flight Attendants-CWA AFL-CIO.[Filed under wrong event. Correct entry#83] [Entered: 07/10/2025 03:56 PM] [Edited: 07/10/2025 05:06 PM]Open(opens another site)
83MOTION for Miscellaneous Relief filed by Appellee Association of Flight Attendants-CWA AFL-CIO.[COURT ENTERED-Filing from DE#82] [Entered: 07/10/2025 05:06 PM]Open(opens another site)
84ACKNOWLEDGMENT of hearing notice filed by Stephanie N. Taub for Appellant Marli Brown, Appellant Lacey Smith. Hearing in San Francisco - Courtroom 1 in San Francisco, on 8/22/2025 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [Entered: 07/23/2025 08:39 AM]Open(opens another site)
85ACKNOWLEDGMENT of hearing notice filed by Lauren Parris Watts for Appellee Alaska Airlines, Inc.. Hearing in San Francisco - Courtroom 1 in San Francisco, on 8/22/2025 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 8). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [Entered: 07/25/2025 01:57 PM]Open(opens another site)
86ACKNOWLEDGMENT of hearing notice filed by Benjamin Berger for Appellee Association of Flight Attendants-CWA AFL-CIO. Hearing in San Francisco - Courtroom 1 in San Francisco, on 8/22/2025 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 7). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [Entered: 07/25/2025 02:02 PM]Open(opens another site)
87CITATION of Supplemental Authorities (28j Letter) filed by Appellant Marli Brown, Appellant Lacey Smith. [Entered: 07/30/2025 09:21 AM]Open(opens another site)
88ORDER FILED. Appellees’ unopposed motion for additional argument time, Dkt. 83, is GRANTED. Each side shall receive 20 minutes at the oral argument set for August 22, 2025. [Entered: 08/11/2025 08:55 AM]Open(opens another site)
89ARGUED AND SUBMITTED to Morgan B. CHRISTEN, Kenneth K. LEE, Daniel A. BRESS. Audio and video recordings of the argument are available on the court’s website at https://www.ca9.uscourts.gov/media/. [Entered: 08/22/2025 05:12 PM]Open(opens another site)
90TEXT CLERK ORDER. Motion for leave to file amicus by Foundation for Moral Law, DE 16, is granted. [Entered: 06/24/2026 08:23 AM]Open(opens another site)
91OPINION (Morgan B. CHRISTEN, Kenneth K. LEE, Daniel A. BRESS) REVERSED AND REMANDED. Opinion by Judge Bress; Partial Concurrence and Partial Dissent by Judge Christen. FILED AND ENTERED JUDGMENT. [Entered: 06/24/2026 08:27 AM]Open(opens another site)
92CLERK ACTION: Amicus Brief submitted at DE 16 by Foundation for Moral Law is filed. No paper copies are required. [Entered: 06/24/2026 08:32 AM]Open(opens another site)
93BILL of COSTS filed by Appellant Marli Brown, Appellant Lacey Smith. [Entered: 07/02/2026 12:28 PM]Open(opens another site)
94PETITION FOR PANEL REHEARING and PETITION FOR REHEARING EN BANC filed by Appellee Alaska Airlines, Inc.. [COURT UPDATE: Attached Opinion of the Court.] [Entered: 07/08/2026 12:11 PM] [Edited: 07/08/2026 12:17 PM]Open(opens another site)
95ORDER FILED. Morgan B. CHRISTEN, Kenneth K. LEE, Daniel A. BRESS  Judge Christen voted to grant the petition for panel rehearing and rehearing en banc. Judge Lee and Judge Bress voted to deny the petition for panel rehearing and rehearing en banc. The petition was circulated to the judges of the Court, and no judge requested a vote for en banc consideration. Fed. R. App. P. 40. The petition for panel rehearing and rehearing en banc, Dkt. 94, is denied. [Entered: 08/04/2026 10:05 AM]Open(opens another site)
96MOTION to Transfer Petition for Review to District Court filed by Appellant Marli Brown, Appellant Lacey Smith. [Entered: 08/10/2026 11:59 AM]Open(opens another site)
97ORDER FILED. Morgan B. CHRISTEN, Kenneth K. LEE, Daniel A. BRESS Appellants’ unopposed motion pursuant to Ninth Circuit Rule 39-1.8 to transfer consideration of attorneys’ fees on appeal to the district court, Dkt. 96, is GRANTED.  [COURT UPDATE:  resending NDA to district court] [Entered: 08/11/2026 01:38 PM] [Edited: 08/11/2026 03:02 PM]Open(opens another site)
98MANDATE ISSUED Morgan B. CHRISTEN, Kenneth K. LEE, Daniel A. BRESS. Costs are taxed against the Appellees in the amount of $1,103.10. The judgment of this Court, entered 6/24/2026, takes effect this date. [Entered: 08/12/2026 08:59 AM]Open(opens another site)