In re: Poshow Ann Kirkland v. Jason M. Rund, et al
| JASON M. RUND, Chapter 7 Trustee and JOHN C. KIRKLAND, an individual |
| In re: EPD INVESTMENT COMPANY, LLC and JERROLD S. PRESSMAN |
| POSHOW ANN KIRKLAND, individually and as Trustee of the Bright Conscience Trust Dated September 9, 2009 |
| 14-55740 |
| May 6, 2014 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 51 MANDATE ISSUED.(BGS, SPG and JAD) [10030923] [14-55740, 14-56478] (JFF) [Entered: 06/27/2016 04:13 PM] |
| Filing 50 Filed order (BARRY G. SILVERMAN, SUSAN P. GRABER and JENNIFER A. DORSEY) The panel has voted to deny appellants petition for rehearing. Judges Silverman and Graber have voted to reject the petition for rehearing en banc and Judge Dorsey so recommends. The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing or rehearing en banc is DENIED. [10016985] [14-55740, 14-56478] (WL) [Entered: 06/16/2016 08:58 AM] |
| Filing 49 Filed (ECF) Appellee John C. Kirkland and Appellant Poshow Ann Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478 petition for panel rehearing and petition for rehearing en banc (from 05/09/2016 opinion). Date of service: 05/23/2016. [9987463] [14-55740, 14-56478] (Querio, John) [Entered: 05/23/2016 03:36 PM] |
| Filing 48 Filed (ECF) Appellant Poshow Ann Kirkland and Appellee John C. Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478 Correspondence: Letter to Thomson Reuters re error in the spelling of the firm name of counsel for Defendants-Appellants Poshow Ann Kirkland and John C. Kirkland. The correct spelling of the firm name is Horvitz & Levy LLP.. Date of service: 05/19/2016 [9983120] [14-55740, 14-56478] (Querio, John) [Entered: 05/19/2016 10:51 AM] |
| Filing 47 Filed (ECF) Appellee Jason M. Rund in 14-55740, 14-56478 Correspondence: Letter to Thomson Reuters re error in the firm name of counsel for Jason M. Rund, Chapter 7 Trustee. The firm name is Brutzkus Gubner Rozansky Seror Weber LLP.. Date of service: 05/10/2016 [9972184] [14-55740, 14-56478] (Weber, Corey) [Entered: 05/10/2016 05:11 PM] |
| Filing 46 FILED OPINION (BARRY G. SILVERMAN, SUSAN P. GRABER and JENNIFER A. DORSEY) AFFIRMED. Judge: BGS Authoring. FILED AND ENTERED JUDGMENT. [9968366] [14-55740, 14-56478] (RMM) [Entered: 05/09/2016 06:42 AM] |
| Filing 45 Filed (ECF) Appellant Poshow Ann Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478 Correspondence: Post-Argument Letter. Date of service: 04/11/2016 [9935153] [14-55740, 14-56478] (Querio, John) [Entered: 04/11/2016 03:08 PM] |
| Filing 44 ARGUED AND SUBMITTED TO BARRY G. SILVERMAN, SUSAN P. GRABER and JENNIFER A. DORSEY. [9933071] [14-55740, 14-56478] (DLM) [Entered: 04/08/2016 12:51 PM] |
| Filing 43 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Corey Ryan Weber, Esquire for Appellee Jason M. Rund in 14-55740, 14-56478. [9850121] [14-55740, 14-56478] (Weber, Corey) [Entered: 02/01/2016 05:33 PM] |
| Filing 42 Filed (ECF) Appellee Jason M. Rund in 14-55740, 14-56478 Correspondence: Notice of Change of Firm Name of Attorneys for Appellee, Jason M. Rund, Chapter 7 Trustee. Date of service: 02/01/2016 [9850114] [14-55740, 14-56478] (Weber, Corey) [Entered: 02/01/2016 05:28 PM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Mr. John F. Querio for Appellant Poshow Ann Kirkland in 14-55740 and for Appellant John C. Kirkland in 14-56478. [9850043] [14-55740, 14-56478]--[COURT UPDATE: Edited docket text to reflect correct attorney filer. 02/01/2016 by RY] (Querio, John) [Entered: 02/01/2016 04:59 PM] |
| Filing 40 Notice of Oral Argument on Friday, April 8, 2016 - 09:00 A.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . 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. [9841243] [14-55740, 14-56478] (LN) [Entered: 01/26/2016 03:19 PM] |
| Filing 39 Filed clerk order (Deputy Clerk: WL): Appellants motion for judicial notice, filed January 16, 2015, is GRANTED. [9838045] [14-55740, 14-56478] (WL) [Entered: 01/25/2016 09:26 AM] |
| Filing 38 This case is being considered for the April 2016 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.[9806421] (AW) [Entered: 12/28/2015 11:09 AM] |
| Filing 37 Received 7 paper copies of Reply brief [ # 35 ] filed by Poshow Ann Kirkland and John C. Kirkland. [9486858] [14-55740, 14-56478] (SD) [Entered: 04/07/2015 02:22 PM] |
| Filing 36 Filed clerk order: The reply brief [ # 35 ] submitted by Poshow Ann Kirkland and John C. Kirkland 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. [9483310] [14-55740, 14-56478] (KT) [Entered: 04/03/2015 11:52 AM] |
| Filing 35 Submitted (ECF) Reply Brief for review. Submitted by Appellant Poshow Ann Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478. Date of service: 04/02/2015. [9482683] [14-55740, 14-56478] (Querio, John) [Entered: 04/02/2015 04:55 PM] |
| Filing 34 Streamlined request [33] by Appellant John C. Kirkland in 14-56478, Appellant Poshow Ann Kirkland in 14-55740 to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due April 2, 2015. [9433371] [14-56478, 14-55740] (TH) [Entered: 02/24/2015 04:48 PM] |
| Filing 33 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Poshow Ann Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478. New requested due date is 04/02/2015. [9433259] [14-55740, 14-56478] (Querio, John) [Entered: 02/24/2015 04:16 PM] |
| Filing 32 Received 7 paper copies of Answering brief [ # 30 ] filed by Jason M. Rund. [9427057] [14-55740, 14-56478] (DB) [Entered: 02/19/2015 02:33 PM] |
| Filing 31 Filed clerk order: The answering brief [ # 30 ] submitted by Jason M. Rund 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. [9425099] [14-55740, 14-56478] (LA) [Entered: 02/18/2015 02:13 PM] |
| Filing 30 Submitted (ECF) Answering Brief for review. Submitted by Appellee Jason M. Rund in 14-55740, 14-56478. Date of service: 02/17/2015. [9423832] [14-55740, 14-56478] --[COURT UPDATE: Attached corrected brief and addendum. 02/18/2015 by TL] (Weber, Corey) [Entered: 02/17/2015 06:33 PM] |
| Filing 29 Filed (ECF) Appellant Poshow Ann Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478 reply to response (motion to take judicial notice). Date of service: 02/03/2015. [9407293] [14-55740, 14-56478] (Querio, John) [Entered: 02/03/2015 01:48 PM] |
| Filing 27 Filed (ECF) Appellee Jason M. Rund in 14-56478, 14-55740 response opposing motion (motion to take judicial notice). Date of service: 01/26/2015. [9396055] [14-56478, 14-55740] (Weber, Corey) [Entered: 01/26/2015 03:02 PM] |
| Filing 28 Filed Appellant Poshow Ann Kirkland, Appellant John C. Kirkland paper copies of excerpts of record [ # 23 ] in 4 volume(s). [9396243] [14-55740, 14-56478] (LA) [Entered: 01/26/2015 03:53 PM] |
| Filing 26 Received 7 paper copies of Opening brief [ # 23 ] filed by Poshow Ann Kirkland and John C. Kirkland. [9393960] [14-55740, 14-56478] (SD) [Entered: 01/23/2015 01:56 PM] |
| Filing 25 Filed clerk order: The opening brief [ # 23 ] submitted by Poshow Ann Kirkland and John C. Kirkland 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 [ # 23 ] submitted by Poshow Ann Kirkland and John C. Kirkland. 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. [9387953] [14-55740, 14-56478] (KT) [Entered: 01/20/2015 01:16 PM] |
| Filing 24 Filed (ECF) Appellant Poshow Ann Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478 Motion to take judicial notice of JAMS Streamlined Arbitration Rules and June 11, 2014 District Court Order. Date of service: 01/16/2015. [9386610] [14-55740, 14-56478] (Querio, John) [Entered: 01/16/2015 06:37 PM] |
| Filing 23 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Poshow Ann Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478. Date of service: 01/16/2015. [9386606] [14-55740, 14-56478] (Querio, John) [Entered: 01/16/2015 06:21 PM] |
| Filing 22 Terminated Autumn Dawn Spaeth for John C. Kirkland in 14-55740 (No longer with firm) [9360974] (TYL) [Entered: 12/23/2014 04:20 PM] |
| Filing 21 Streamlined request [20] by Appellants to extend time to file the brief is approved. Amended briefing schedule: The opening brief due 01/16/2015. The answering brief due 02/17/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9349635] [14-55740, 14-56478] (CG) [Entered: 12/15/2014 01:41 PM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Poshow Ann Kirkland in 14-55740, Appellant John C. Kirkland in 14-56478. New requested due date is 01/16/2015. [9349221] [14-55740, 14-56478] (Querio, John) [Entered: 12/15/2014 11:38 AM] |
| Filing 19 Terminated Ashley M. McDow for Poshow Ann Kirkland in 14-55740 [9275952] [14-55740, 14-56478] (WL) [Entered: 10/14/2014 02:13 PM] |
| Filing 18 Filed clerk order (Deputy Clerk: AMT): Attorney Ashley M. McDows motion to withdraw as counsel is granted. Ashley M. McDow, Esq., Baker & Hostetler LLP, shall be removed from the courts service list. The consolidated opening brief remains due December 17, 2014. [9275948] [14-55740, 14-56478] (WL) [Entered: 10/14/2014 02:12 PM] |
| Filing 17 Filed (ECF) Appellant Poshow Ann Kirkland Motion to withdraw as counsel. Date of service: 10/10/2014. [9273147] --[COURT UPDATE: Spread to case 14-56478. 10/14/2014 by TL] (McDow, Ashley) [Entered: 10/10/2014 11:02 AM] |
| Filing 16 Filed clerk order (Deputy Clerk: AMT): Appellants opposed motion to consolidate Nos. 14-55740 and 14-56478 is granted. The current briefing schedule in No. 14-56478 shall govern these consolidated appeals. [9270527] [14-55740, 14-56478] (WL) [Entered: 10/08/2014 02:35 PM] |
| Filing 15 Filed (ECF) Appellant Poshow Ann Kirkland reply to response (, , ,motion to consolidate cases). Date of service: 10/07/2014. [9268983] (Querio, John) [Entered: 10/07/2014 03:24 PM] |
| Filing 14 Filed (ECF) Appellee Jason M. Rund response opposing motion (,motion to consolidate cases). Date of service: 10/06/2014. [9267550] (Davis, Michael) [Entered: 10/06/2014 05:49 PM] |
| Filing 13 Filed (ECF) Appellee Jason M. Rund response opposing motion (,motion to consolidate cases). Date of service: 10/06/2014. [9267547] (Davis, Michael) [Entered: 10/06/2014 05:37 PM] |
| Filing 12 Filed (ECF) Appellant Poshow Ann Kirkland and Appellee John C. Kirkland Motion to consolidate cases 14-55740 and 14-56478. Date of service: 09/26/2014. [9256390] (Querio, John) [Entered: 09/26/2014 04:41 PM] |
| Filing 11 Filed order MEDIATION (PWS): This case is released from the Mediation Program. [9248813] (RT) [Entered: 09/22/2014 02:54 PM] |
| Filing 10 MEDIATION STATUS REPORT DUE - 09/15/2014. See order for details. [9222272] (VS) [Entered: 08/28/2014 10:12 AM] |
| Filing 9 Filed order MEDIATION (PWS): On or before August 25, 2014, counsel for appellant shall provide a status report by email to all counsel and the Circuit Mediator (Peter_Sherwood @ca9.uscourts.gov). The briefing schedule previously set by the court is amended as follows: appellant shall file an opening brief on or before October 14, 2014; appellee shall file an answering brief on or before November 13, 2014; appellant may file an optional reply brief within fourteen (14) days from the service date of the answering brief. [9166051] (OC) [Entered: 07/11/2014 02:44 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 07/09/2014, 2:00 p.m. PACIFIC Time. The Circuit Mediator will initiate the conference call by contacting each person on the attached list. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediation Assistant by email at least 72 hours in advance of the scheduled call of any corrections to the list....The briefing schedule previously set by the court remains in effect.. [9127981] (VS) [Entered: 06/11/2014 10:38 AM] |
| Filing 7 Filed (ECF) Appellant Poshow Ann Kirkland Mediation Questionnaire. Date of service: 05/13/2014. [9093968] (Querio, John) [Entered: 05/13/2014 03:41 PM] |
| Filing 6 Added attorney David Marcus Axelrad, Steven S. Fleischman, and John F. Querio for Poshow Ann Kirkland. [9092110] (RL) [Entered: 05/12/2014 04:03 PM] |
| Filing 5 Filed (ECF) notice of appearance of John F. Querio Steven S. Fleischman David M. Axelrad for Appellant Poshow Ann Kirkland. Date of service: 05/12/2014. [9092021] (Querio, John) [Entered: 05/12/2014 03:46 PM] |
| Filing 4 Added attorney Michael Wolfe Davis for Jason M. Rund. [9084533] (RL) [Entered: 05/06/2014 10:42 AM] |
| Filing 3 Filed (ECF) notice of appearance of Michael Wolfe Davis for Appellee Jason M. Rund. Date of service: 05/06/2014. [9084470]--[Edited: corrected spelling of attorney's name. 05/06/2014 by RY] (Davis, Michael) [Entered: 05/06/2014 10:32 AM] |
| Filing 2 Filed Appellant Poshow Ann Kirkland's Representation Statement. Served on 05/05/2014. [9084123] (JN) [Entered: 05/06/2014 08:54 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 05/13/2014. Appellant Poshow Ann Kirkland opening brief due 08/13/2014. Appellees John C. Kirkland and Jason M. Rund answering brief due 09/12/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [9084111] (JN) [Entered: 05/06/2014 08:49 AM] |
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