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General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-56294
Nature of Suit: 4110 Insurance
Pestmaster Services, Inc. v. Travelers Casualty and Surety
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: Paid
Docketed: 08/12/2014
Termed: 07/29/2016
Prior Cases:
None
Current Cases:
None
v.
TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, a Connecticut corporation
Defendant - Appellee,
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16 pg, 609.16 KB
08/12/2014
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2 pg, 59.62 KB
08/12/2014
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2 pg, 404.96 KB
08/12/2014
08/18/2014
Filed (ECF) Appellant Pestmaster Services, Inc. Mediation Questionnaire. Date of service: 08/18/2014.
[9208680] (Corzine, Ian) [Entered: 08/18/2014 02:29 PM]
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7
8
1858 pg, 72.82 MB
01/23/2015
Filed (ECF) notice of appearance of Gary J. Valeriano for Appellee Travelers Casualty and Surety
Company of America. Date of service: 08/12/2014. [9202135] (Valeriano, Gary) [Entered: 08/12/2014
12:00 PM]
1 pg, 34.01 KB
01/20/2015
Filed representation notice of Ian Corzine for Appellant. Served on 08/11/2014. [9201552] (BG) [Entered:
08/12/2014 08:52 AM]
Added attorney Gary John Valeriano for Travelers Casualty and Surety Company of America, in case 1456294. [9202264] (MT) [Entered: 08/12/2014 01:09 PM]
3 pg, 22.17 KB
09/22/2014
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is
set as follows: Mediation Questionnaire due on 08/19/2014. Transcript ordered by 09/10/2014. Transcript
due 12/09/2014. Appellant Pestmaster Services, Inc. opening brief due 01/20/2015. Appellee Travelers
Casualty and Surety Company of America answering brief due 02/19/2015. Appellant's optional reply brief
is due 14 days after service of the answering brief. [9201548] (BG) [Entered: 08/12/2014 08:50 AM]
3 pg, 90.04 KB
08/18/2014
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2 pg, 186.97 KB
Filed (ECF) Appellee Travelers Casualty and Surety Company of America Mediation Questionnaire. Date
of service: 08/18/2014. [9209279] (Watnick, Kenneth) [Entered: 08/18/2014 05:31 PM]
Filed order MEDIATION (COL): This case is NOT SELECTED for inclusion in the Circuit Mediation
Program. Counsel may contact Lisa Jaye, Circuit Mediator, at (415) 355-7910
or Lisa
_Jaye@ca9.uscourts.gov to discuss services available through the courts mediation program, to request
a settlement assessment conference, or to request a stay of the appeal for settlement purposes. Also,
upon agreement of the parties, the briefing schedule can be modified or vacated to facilitate settlement
discussions. Counsel are requested to send copies of this order to their clients. Information regarding the
mediation program may be found at www.ca9.uscourts.gov/mediation. [9249128] (SM) [Entered:
09/22/2014 04:13 PM]
Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Pestmaster
Services, Inc.. Date of service: 01/20/2015. [9388808] [14-56294] --[COURT UPDATE: Attached excerpts
of record Vol 10. 01/23/2015 by TL] (Corzine, Ian) [Entered: 01/20/2015 04:28 PM]
Filed clerk order: The opening brief [8] submitted by Pestmaster Services, 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: blue. 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. The Court has reviewed
the excerpts of record [8] submitted by Pestmaster Services, Inc.. Within 7 days of this order, filer is
ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in
the format described in 9th Circuit Rule 30-1.6. [9393813] (GV) [Entered: 01/23/2015 12:27 PM]
01/30/2015
10
Received 7 paper copies of Opening brief [8] filed by Pestmaster Services, Inc.. [9403522] (SD) [Entered:
01/30/2015 03:39 PM]
01/30/2015
11
Filed Appellant Pestmaster Services, Inc. paper copies of excerpts of record [8] in 10 volume(s).
[9407570] (GV) [Entered: 02/03/2015 03:09 PM]
02/12/2015
12
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Travelers
Casualty and Surety Company of America. New requested due date is 03/20/2015. [9420009] [14-56294]
(Watnick, Kenneth) [Entered: 02/12/2015 03:22 PM]
02/13/2015
13
Streamlined request [12] by Appellee Travelers Casualty and Surety Company of America to
extend time to file the brief is approved. Amended briefing schedule: Appellee Travelers Casualty
and Surety Company of America answering brief due 03/20/2015. The optional reply brief is due 14
days from the date of service of the answering brief. [9421253] (LBS) [Entered: 02/13/2015 12:28 PM]
14
Filed (ECF) The Surety & Fidelity Association of America Motion to become amicus curiae. Date of
service: 03/20/2015. [9465337] [14-56294] --[COURT UPDATE: Removed brief (refiled in entry [19]).
03/20/2015 by TL] (Gallagher, Edward) [Entered: 03/20/2015 10:40 AM]
03/20/2015
5 pg, 90.75 KB
03/20/2015
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76 pg, 450.12 KB
03/20/2015
03/20/2015
Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee
Travelers Casualty and Surety Company of America. Date of service: 03/20/2015. [9466121] [14-56294]
(Valeriano, Gary) [Entered: 03/20/2015 02:42 PM]
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Entered appearance of Amicus Curiae - Pending Surety & Fidelity Association of America. [9466381] (AF)
[Entered: 03/20/2015 03:52 PM]
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Filed clerk order (Deputy Clerk: TAH): The court is in receipt of the motion of the Surety & Fidelity
Association of America (SFAA) for leave to file an amicus curiae brief. The motion and any future related
filings shall be referred for disposition to the panel that considers the merits of the case. Within 7 days of
this order, the moving party shall submit 7 copies of the proposed amicus 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. A sample certificate is available on the Court's website,
2 pg, 34.44 KB
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www.ca9.uscourts.gov, at the Electronic Filing - ECF link. 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. The
copies of the proposed brief shall be provided to the panel to aid resolution of the motion. [9466399] (SM)
[Entered: 03/20/2015 03:57 PM]
03/20/2015
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2 pg, 186.95 KB
03/20/2015
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18 pg, 288.82 KB
Filed clerk order: The answering brief [15] submitted by Travelers Casualty and Surety Company of
America 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: red. 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. The Court has reviewed the supplemental excerpts of record [15] submitted by Travelers Casualty
and Surety Company of America. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts
in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule
30-1.6. [9466528] (GV) [Entered: 03/20/2015 04:36 PM]
Submitted (ECF) Amicus Brief for review. Submitted by Amicus Curiae - Pending Surety & Fidelity
Association of America. Date of service: 03/20/2015. [9466561] --[COURT ENTERED FILING to correct
entry [14] .] (TYL) [Entered: 03/20/2015 04:48 PM]
03/24/2015
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Filed Appellee Travelers Casualty and Surety Company of America paper copies of supplemental
excerpts of record [15] in 1 volume. [9469997] (GV) [Entered: 03/24/2015 02:31 PM]
03/24/2015
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Received 7 paper copies of Answering brief [15] filed by Travelers Casualty and Surety Company of
America. [9470265] (SD) [Entered: 03/24/2015 03:18 PM]
03/27/2015
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Received 7 paper copies of Amicus brief [19] filed by Surety & Fidelity Association of America. [9474988]
(SD) [Entered: 03/27/2015 01:36 PM]
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Filed (ECF) Appellant Pestmaster Services, Inc. response opposing motion (motion to become amicus).
Date of service: 03/30/2015. [9476772] [14-56294] (Corzine, Ian) [Entered: 03/30/2015 12:57 PM]
03/30/2015
7 pg, 121.5 KB
04/03/2015
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23 pg, 742.77 KB
04/06/2015
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2 pg, 186.5 KB
Submitted (ECF) Reply Brief for review. Submitted by Appellant Pestmaster Services, Inc.. Date of
service: 04/03/2015. [9483793] [14-56294] --[COURT UPDATE: Attached corrected brief. 04/06/2015 by
TL] (Corzine, Ian) [Entered: 04/03/2015 03:26 PM]
Filed clerk order: The reply brief [24] submitted by Pestmaster Services, 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: gray. 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. [9485609] (GV)
[Entered: 04/06/2015 04:14 PM]
04/10/2015
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Received 7 paper copies of Reply brief [24] filed by Pestmaster Services, Inc.. [9491551] (SD) [Entered:
04/10/2015 01:40 PM]
02/25/2016
27
This case is being considered for the June 2016 Pasadena oral argument calendar. The exact date of
your oral argument has not been determined at this time.
The following is a link to the upcoming court sessions:
http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you
do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using
CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral
argument).
The Court discourages motions to continue after this 3-day period.
The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot
guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10
weeks before the scheduled oral argument date.
Note that your case will be set for hearing in due course if it is not assigned to this calendar.
In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly
request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All
such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF
(Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is
calendared, it is unlikely that the court will postpone argument for settlement discussions.[9878275] (AW)
[Entered: 02/25/2016 10:50 AM]
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Filed (ECF) Appellant Pestmaster Services, Inc. Correspondence: Availability for oral argument. Date of
service: 02/26/2016 [9881039] [14-56294] (Corzine, Ian) [Entered: 02/26/2016 03:48 PM]
02/26/2016
1 pg, 439.45 KB
03/24/2016
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This case is being considered for the July 2016 Pasadena oral argument calendar. The exact date of your
oral argument has not been determined at this time.
The following is a link to the upcoming court sessions:
http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you
do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using
CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral
argument).
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Notice of Oral Argument on Friday, July 8, 2016 - 09:00 A.M. - Courtroom 3 - Pasadena CA.
View the Oral Argument Calendar for your case here.
Be sure to review the GUIDELINES for important information about your hearing, including when to arrive
(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).
When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form,
complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office.
[9954074] (DJW) [Entered: 04/26/2016 03:15 PM]
04/27/2016
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2 pg, 404.32 KB
04/29/2016
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1 pg, 74.85 KB
06/02/2016
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Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Gary John
Valeriano for Appellee Travelers Casualty and Surety Company of America. [9955065] [14-56294]
(Valeriano, Gary) [Entered: 04/27/2016 11:44 AM]
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Ian Corzine,
Esquire for Appellant Pestmaster Services, Inc.. [9958022] [14-56294] (Corzine, Ian) [Entered: 04/29/2016
09:33 AM]
REVISED Notice of Oral Argument on Friday, July 8, 2016 - 09:30 A.M. - Courtroom 3 - Pasadena CA. **
Note change to start time **
View the Oral Argument Calendar for your case here.
Be sure to review the GUIDELINES for important information about your hearing, including when to arrive
(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).
When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form,
complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office.
[9999911] (AKM) [Entered: 06/02/2016 11:17 AM]
06/02/2016
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1 pg, 63.31 KB
06/02/2016
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1 pg, 655.48 KB
07/08/2016
07/29/2016
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Gary John
Valeriano for Appellee Travelers Casualty and Surety Company of America. [10000607] [14-56294]
(Valeriano, Gary) [Entered: 06/02/2016 03:00 PM]
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Ian Corzine,
Esquire for Appellant Pestmaster Services, Inc.. [10000658] [14-56294] (Corzine, Ian) [Entered:
06/02/2016 03:19 PM]
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ARGUED AND SUBMITTED TO THOMAS I. VANASKIE, MARY H. MURGUIA and PAUL J. WATFORD.
[10043856] (DLM) [Entered: 07/08/2016 01:01 PM]
37
8 pg, 196.97 KB
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