Ellis, et al v. Fidelity Management Trust

2017-01693 (ca1)

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07/10/2017
CIVIL CASE docketed. Notice of appeal (doc. #139) filed by Appellants James Ellis and William NMI Perry. Docketing Statement due 07/24/2017. Transcript Report/Order form due 07/24/2017. Appearance form due 07/24/2017. [17-1693] (CP) [Entered: 07/10/2017 01:59 PM]
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07/13/2017
NOTICE of appearance on behalf of Appellants James Ellis and William NMI Perry filed by Attorney Jason H. Kim. Certificate of service dated 07/13/2017. [17-1693] (JHK) [Entered: 07/13/2017 08:46 PM]
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07/13/2017
TRANSCRIPT report/order form filed by Appellants James Ellis and William NMI Perry indicating transcripts are being ordered. [17-1693] (JHK) [Entered: 07/13/2017 08:47 PM]
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07/14/2017
TRANSCRIPT ordered: 04/06/2017, Motion Hearing. Transcript(s) due 09/12/2017 from Court Reporter Richard Henry Romanow [17-1693] (AM) [Entered: 07/14/2017 04:31 PM]
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07/14/2017
DOCKETING statement filed by Appellants James Ellis and William NMI Perry. Certificate of service dated 07/14/2017. [17-1693] (JHK) [Entered: 07/14/2017 07:53 PM]
07/19/2017
AMENDED notice of appeal (doc. #142) filed by Appellants James Ellis and William NMI Perry on 07/13/2017. [17-1693] (CP) [Entered: 07/19/2017 10:32 AM] (Text entry; no document attached.)
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07/24/2017
NOTICE of appearance on behalf of Appellee Fidelity Management Trust Co. filed by Attorney Jonathan Hacker. Certificate of service dated 07/24/2017. [17-1693] (JH) [Entered: 07/24/2017 04:34 PM]
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07/24/2017
NOTICE of appearance on behalf of Appellee Fidelity Management Trust Co. filed by Attorney Brian D. Boyle. Certificate of service dated 07/24/2017. [17-1693] (BDB) [Entered: 07/24/2017 04:36 PM]
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07/24/2017
NOTICE of appearance on behalf of Appellee Fidelity Management Trust Co. filed by Attorney Gregory F. Jacob. Certificate of service dated 07/24/2017. [17-1693] (GFJ) [Entered: 07/24/2017 04:39 PM]
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07/24/2017
NOTICE of appearance on behalf of Appellee Fidelity Management Trust Co. filed by Attorney Meaghan VerGow. Certificate of service dated 07/24/2017. [17-1693] (MMV) [Entered: 07/24/2017 04:41 PM]
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07/24/2017
NOTICE of appearance on behalf of Appellants James Ellis and William NMI Perry filed by Attorney Christopher T. Micheletti. Certificate of service dated 07/24/2017. [17-1693] (CTM) [Entered: 07/24/2017 06:36 PM]
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07/26/2017
NOTICE issued. After 08/09/2017, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Kyle G. Bates for James Ellis and William NMI Perry, Jeffrey A. Gordon for James Ellis and William NMI Perry, Heather Rankie for James Ellis and William NMI Perry, Matthew Righetti for James Ellis and William NMI Perry, Michael Righetti for James Ellis and William NMI Perry, Paul Thomas Sullivan for James Ellis and William NMI Perry and John J. Falvey for Fidelity Management Trust Co. [17-1693] (CP) [Entered: 07/26/2017 02:47 PM]
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07/27/2017
NOTICE of appearance on behalf of Appellee Fidelity Management Trust Co. filed by Attorney Bradley N. Garcia. Certificate of service dated 07/27/2017. [17-1693] (BNG) [Entered: 07/27/2017 05:44 PM]
08/03/2017
NOTICE of filing the following transcript in district court by Court Reporter Richard Henry Romanow: 04/06/2017, Summary Judgment Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [17-1693] (CP) [Entered: 08/03/2017 01:05 PM] (Text entry; no document attached.)
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08/03/2017
BRIEFING schedule set. Brief due 09/12/2017 for appellant James Ellis. Appendix due 09/12/2017 for appellant James Ellis. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [17-1693] (CP) [Entered: 08/03/2017 01:08 PM]
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08/03/2017
CERTIFICATION of filing transcript filed by Court Reporter Richard H. Romanow. [17-1693] (CP) [Entered: 08/04/2017 08:50 AM]
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08/10/2017
NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Kyle G. Bates for James Ellis and William NMI Perry, Jeffrey A. Gordon for James Ellis and William NMI Perry, Matthew Righetti for James Ellis and William NMI Perry, Michael Righetti for James Ellis and William NMI Perry, Paul Thomas Sullivan for James Ellis and William NMI Perry and John J. Falvey for Fidelity Management Trust Co. [17-1693] (CP) [Entered: 08/10/2017 02:24 PM]
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09/12/2017
BRIEF tendered by Appellants James Ellis and William NMI Perry. [17-1693] (JHK) [Entered: 09/12/2017 07:50 PM]
09/13/2017
APPENDIX filed by Appellants James Ellis and William NMI Perry. Number of volumes: 7. Number of copies: 5. Certificate of service dated 09/12/2017. [17-1693] (AP) [Entered: 09/13/2017 04:41 PM] (Text entry; no document attached.)
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09/15/2017
APPELLANTS' BRIEF filed by Appellants James Ellis and William NMI Perry. Certificate of service dated 09/12/2017. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 09/22/2017. Brief due 10/12/2017 for APPELLEE Fidelity Management Trust Co. [17-1693] (AP) [Entered: 09/15/2017 01:17 PM]
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09/18/2017
ASSENTED TO MOTION to extend time to file brief filed by Appellee Fidelity Management Trust Co. Certificate of service dated 09/18/2017. [17-1693] (JH) [Entered: 09/18/2017 02:57 PM]
09/18/2017
NINE (9) paper copies of appellant/petitioner brief [6120318-2] submitted by Appellants James Ellis and William NMI Perry. [17-1693] (EP) [Entered: 09/19/2017 10:39 AM] (Text entry; no document attached.)
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09/19/2017
ORDER granting motion to extend time to file brief filed by Appellee Fidelity Management Trust Co. Brief due 11/03/2017 for appellee Fidelity Management Trust Co. [17-1693] (CP) [Entered: 09/19/2017 12:08 PM]
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11/03/2017
NOTICE of appearance on behalf of Movant(s) The Chamber of Commerce of the United States of America and the American Benefits Council filed by Attorney Evan A. Young. Certificate of service dated 11/03/2017. [17-1693] (EY) [Entered: 11/03/2017 01:47 PM]
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11/03/2017
BRIEF tendered by Appellee Fidelity Management Trust Co. [17-1693] (JH) [Entered: 11/03/2017 04:35 PM]
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11/06/2017
APPELLEE'S BRIEF filed by Appellee Fidelity Management Trust Co. Certificate of service dated 11/03/2017. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/13/2017. Reply brief due 11/17/2017 for APPELLANT James Ellis and William NMI Perry. [17-1693] (AP) [Entered: 11/06/2017 10:38 AM]
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11/06/2017
CORPORATE disclosure statement filed by Appellee Fidelity Management Trust Co. [17-1693] (AP) [Entered: 11/06/2017 10:39 AM]
11/09/2017
NINE (9) paper copies of appellee/respondent brief [6129995-2] submitted by Appellee Fidelity Management Trust Co. [17-1693] (LM) [Entered: 11/09/2017 01:08 PM] (Text entry; no document attached.)
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11/10/2017
MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) The Securities Industry and Financial Markets Association. Certificate of service dated 11/10/2017. [17-1693] (BDN) [Entered: 11/10/2017 01:19 PM]
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11/10/2017
NOTICE of appearance on behalf of Movant(s) The Securities Industry and Financial Markets Association filed by Attorney Brian D. Netter. Certificate of service dated 11/10/2017. [17-1693] (BDN) [Entered: 11/10/2017 01:21 PM]
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11/13/2017
CORPORATE disclosure statement filed by Movant Securities Industry and Financial Markets Association. [17-1693] (CP) [Entered: 11/13/2017 09:01 AM]
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11/13/2017
MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) Chamber of Commerce of the United States of America and the American Benefits Council. Certificate of service dated 11/13/2017. [17-1693] (EY) [Entered: 11/13/2017 03:45 PM]
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11/13/2017
CORPORATE disclosure statement filed by Movants American Benefits Council and Chamber of Commerce of the United States of America. Certificate of service dated 11/13/2017. [17-1693] (CP) [Entered: 11/13/2017 04:37 PM]
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11/13/2017
MOTION to extend time to file reply brief filed by Appellants James Ellis and William NMI Perry. Certificate of service dated 11/13/2017. [17-1693] (JHK) [Entered: 11/13/2017 11:00 PM]
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11/14/2017
ORDER granting motion to extend time to file reply brief filed by Appellants James Ellis and William NMI Perry. Reply brief due 12/01/2017 for appellant James Ellis and William NMI Perry. [17-1693] (CP) [Entered: 11/14/2017 09:47 AM]
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11/29/2017
ORDER granting motion for leave to file amicus curiae brief filed by Securities Industry and Financial Markets Association. [17-1693] (CP) [Entered: 11/29/2017 03:05 PM]
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11/29/2017
AMICUS CURIAE BRIEF filed by Amicus Curiae Securities Industry and Financial Markets Association in support of Appellee. Certificate of service dated 11/10/2017. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 12/06/2017. [17-1693] (CP) [Entered: 11/29/2017 03:09 PM]
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11/29/2017
ORDER granting motion for leave to file amicus curiae brief filed by Chamber of Commerce of the United States of America and the American Benefits Council. [17-1693] (CP) [Entered: 11/29/2017 03:44 PM]
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11/29/2017
AMICUS CURIAE BRIEF filed by Amici Curiae American Benefits Council and Chamber of Commerce of the United States of America in support of Appellee. Certificate of service dated 11/13/2017. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 12/06/2017. [17-1693] (CP) [Entered: 11/29/2017 03:49 PM]
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11/30/2017
CASE calendared: Tuesday, 01/09/2018 AM Boston, MA Panel Courtroom. Designation form due 12/14/2017. [17-1693] (DT) [Entered: 11/30/2017 04:11 PM]
11/30/2017
NINE (9) paper copies of amicus brief [6134762-2] submitted by Amicus Curiae Securities Industry and Financial Markets Association. [17-1693] (LM) [Entered: 12/01/2017 10:22 AM] (Text entry; no document attached.)
11/30/2017
NINE (9) paper copies of amicus brief [6134792-2] submitted by Amici Curiae American Benefits Council and Chamber of Commerce of the United States of America. [17-1693] (LM) [Entered: 12/04/2017 08:19 AM] (Text entry; no document attached.)
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12/01/2017
BRIEF tendered by Appellants James Ellis and William NMI Perry. [17-1693] (JHK) [Entered: 12/01/2017 06:30 PM]
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12/04/2017
REPLY BRIEF filed by Appellants James Ellis and William NMI Perry. Certificate of service dated 12/01/2017. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 12/07/2017. [17-1693] (AP) [Entered: 12/04/2017 09:04 AM]
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12/05/2017
DESIGNATION of attorney presenting oral argument filed by Attorney Jonathan Hacker for Appellee Fidelity Management Trust Co. Certificate of service dated 12/05/2017. [17-1693] (JH) [Entered: 12/05/2017 12:08 PM]
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12/07/2017
DESIGNATION of attorney presenting oral argument filed by Attorney Garrett W. Wotkyns for Appellants James Ellis and William NMI Perry. Certificate of service dated 12/07/2017. [17-1693] (GWW) [Entered: 12/07/2017 05:11 PM]
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12/07/2017
MOTION requesting leave for Attorney Garrett W. Wotkyns to enter an appearance filed by Appellants James Ellis and William NMI Perry. Certificate of service dated 12/07/2017. [17-1693] (GWW) [Entered: 12/07/2017 05:17 PM]
12/06/2017
NINE (9) paper copies of reply brief [6135630-2] submitted by Appellants James Ellis and William NMI Perry. [17-1693] (Text entry; no document attached.)
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12/11/2017
ORDER Entered: Attorney Garrett W. Wotkyns' motion for late appearance is allowed. [17-1693] (DT) [Entered: 12/11/2017 02:59 PM]
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12/11/2017
NOTICE of appearance filed by Attorney Garrett W. Wotkyns for Appellants James Ellis and William NMI Perry. Certificate of service dated 12/07/2017. [17-1693] (DT) [Entered: 12/11/2017 03:04 PM]
01/09/2018
CASE argued. Panel: William J. Kayatta, Jr., Appellate Judge; David H. Souter, Associate Supreme Court Justice and Bruce M. Selya, Appellate Judge. Arguing attorneys: Garrett W. Wotkyns for James Ellis and William NMI Perry and Jonathan Hacker for Fidelity Management Trust Co. [17-1693] (DT) [Entered: 01/09/2018 12:30 PM] (Text entry; no document attached.)
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01/12/2018
LETTER regarding Citation of Supplemental Authority pursuant to Federal Rule of Appellate Procedure 28(j). filed by Attorney Garrett W. Wotkyns for Appellants James Ellis and William NMI Perry. Certificate of service dated 01/12/2018. [17-1693] (GWW) [Entered: 01/12/2018 12:59 PM]
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01/18/2018
RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [6143518-2] filed by Appellee Fidelity Management Trust Co. Certificate of service dated 01/18/2018. [17-1693] (JH) [Entered: 01/18/2018 01:59 PM]
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02/21/2018
OPINION issued by William J. Kayatta, Jr., Appellate Judge; David H. Souter, Associate Supreme Court Justice* and Bruce M. Selya, Appellate Judge. Published. *Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States sitting by designation. [17-1693] (TS) [Entered: 02/21/2018 03:52 PM]
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02/21/2018
JUDGMENT: Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The district court's grant of summary judgment is affirmed. [17-1693] (TS) [Entered: 02/21/2018 03:54 PM]
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03/02/2018
ERRATA issued by court to opinion (published) [6152135-2]. [17-1693] (SBT) [Entered: 03/02/2018 02:04 PM]
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03/15/2018
MANDATE issued. [17-1693] (CP) [Entered: 03/15/2018 08:34 AM]
04/09/2018
Sealed record returned to originating court: Presentence Investigation Report [17-1693] CLERK'S NOTE: Docket entry was docketed in the wrong case. Please disregard. (LIM) [Entered: 04/09/2018 11:29 AM] (Text entry; no document attached.)
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