Bennett et al v. Filter Recycling Services Inc
| Variety Investments LLC, Victorville Holdings LLC, Blue Furrow Thirty LLC, Walker Triple LLC, Beam Triple LLC, Variety Employment Corporation, Environmental Logistics Inc, Daniels Triple LLC, Jim Arnold, Container Management Systems LLC, Jameson Insurance and Shawn Bennett |
| Filter Recycling Services Inc |
| Jon L Bennett, Jr |
| 5:2012cv00201 |
| February 8, 2012 |
| US District Court for the Central District of California |
| Dean D Pregerson |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 1334 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 29, 2015. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 51
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #45 filed by Variety Employment Corporation, Variety Investments LLC, Jameson Insurance, Environmental Logistics Inc, Filter Recycling Services Inc, CCA # 14-55175. Appellants' motion to dismiss this appeal is granted. Fed. R. App. P. 42(b).The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. Order received in this district on 1/29/15. (mat)
|
|
Filing 50
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #45 filed by Variety Employment Corporation, Variety Investments LLC, Jameson Insurance, Environmental Logistics Inc, Filter Recycling Services Inc, CCA # 14-55175. The Order is Appellant Filter Recycling Services, Inc.'s opposed motion to reinstate this appeal is granted. The previously submitted opening brief, excerpts of record and joiinders in the brief and excerpts of record and joinders in the brief and excerpts shall be filed. See the attachment for further details. Order received in this district on 8/19/2014. (dmap)
|
|
Filing 49
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals,, #45 filed by Variety Employment Corporation, Variety Investments LLC, Jameson Insurance, Environmental Logistics Inc, Filter Recycling Services Inc, CCA # 14-55175. Appellants' motion for relief from default and/or vacate dismissal is construed as a motion to reinstate the case. So construed, the motion is denied without prejudice to renewal within 21 days after the date of this order, accompanied by the opening brief. See General Order 2.4, General Orders of the United States Court of Appeals for the Ninth Circuit (a motion to reinstate is to be accompanied by correction of the defect that caused dismissal). Order received in this district on 7/9/14. (car)
|
|
Filing 48
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #45 filed by Variety Employment Corporation, Variety Investments LLC, Jameson Insurance, Environmental Logistics Inc, Filter Recycling Services Inc, CCA # 14-55175. This appeal is dismissed for failure to file the opening brief on appeal in this case. Counsel for appellants is directed to notify immediately his/her client in writing regarding this dismissal. This order served on the district court shall constitute the mandate of this court. Order received in this district on 6/26/14. (mat)
|
| Filing 47 NOTIFICATION by Circuit Court of Appellate Docket Number 14-55175, 9TH CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #45 as to Defendants Environmental Logistics Inc, Filter Recycling Services Inc, Jameson Insurance, Variety Employment Corporation, Variety Investments LLC. (car) |
| Filing 46 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals,, #45 . (Sigelman, Paul) |
| Filing 45 NOTICE OF APPEAL to the 9th CCA filed by Defendants Environmental Logistics Inc, Filter Recycling Services Inc, Jameson Insurance, Variety Employment Corporation, Variety Investments LLC. Appeal of Order on Ex Parte Application to Supplement, Order on Ex Parte Application for Reconsideration, Order on Motion to Withdraw Motion, Order on Request for Ruling, Order on Motion for Writ, Order on Motion to Stay Order (other), Order on Motion to Dismiss, Order on Motion to Dismiss Bankruptcy Appeal, Order on Ex Parte Application to Shorten Time for Hearing, Order on Ex Parte Application for Relief #44 (Appeal fee of $505 receipt number 0973-13304706 paid.) (Sigelman, Paul) |
|
Filing 44
ORDER Granting Respondent Shawn Benetts Motion to Dismiss Appeal #9 . All remaining matters are moot #6 , #7 , #18 , #19 , #29 , #38 , #41 by Judge Dean D. Pregerson . (MD JS-6. Case Terminated). (lc). Modified on 1/7/2014 (lc).
|
| Filing 43 REPLY to Opposition of Request for Ruling filed by Appellee Filter Recycling Services Inc. (Sigelman, Paul) |
| Filing 42 OPPOSITION to REQUEST for Ruling Application for Oral Argument and Decision on Appeal #41 filed by Appellant Shawn Bennett. (Attorney Kristy M Arevalo added to party Shawn Bennett(pty:a))(Arevalo, Kristy) |
| Filing 41 REQUEST for Ruling Application for Oral Argument and Decision on Appeal filed by Defendant and Appellant Filter Recycling Services Inc. (Attachments: #1 Proposed Order, #2 Proposed Order)(Sigelman, Paul) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Jim Arnold's MOTION to Supplement Co-Appellant Jim Arnold's Further Response to Appellee Shawn Bennett's Supplemental Brief Regarding Recent Authority #39 , MOTION to Withdraw #38 . Wrong event used Neither pdfs are MOTIONS, # 38 is an application to file further response to supplemental brief, to which the proposed order was missing and was not submitted as a separate attachment. #39 is the response filed before Judge ruled on the application. Correct event to # 38 is Application: order; # 39 would be : response.In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 39 NOTICE OF MOTION AND MOTION to Supplement Co-Appellant Jim Arnold's Further Response to Appellee Shawn Bennett's Supplemental Brief Regarding Recent Authority re MOTION to Withdraw Application for Order for Leave to File Co-Appellant Jim Arnold's Further Response to Appellee Shawn Bennett's Supplement Brief Regarding Recent Authority and Notice of Joinder in Application for Court to Proceed by O #38 filed by Co-Appellant Jim Arnold. (Wohl, James) |
| Filing 38 NOTICE OF MOTION AND MOTION to Withdraw Application for Order for Leave to File Co-Appellant Jim Arnold's Further Response to Appellee Shawn Bennett's Supplement Brief Regarding Recent Authority and Notice of Joinder in Application for Court to Proceed by Oral Argument filed by Co-Appellant Jim Arnold. (Wohl, James) |
| Filing 37 EX PARTE APPLICATION for Reconsideration re Order on Request for Hearing, Order on Request for Order,, #34 filed by Appellant Filter Recycling Services Inc. (Attachments: #1 Proposed Order)(Sigelman, Paul) |
| Filing 36 SUPPLEMENT al Brief Regarding Additional Recent Authority filed by Appellant Shawn Bennett. (Wright, David) |
| Filing 35 SUPPLEMENT filed by Appellee Filter Recycling Services Inc. (Sigelman, Paul) |
|
Filing 34
ORDER GRANTING LEAVE TO FILE SUPPLEMENTAL BRIEF AND DENYING ORAL ARGUMENT #32 , #33 by Judge Dean D. Pregerson: Appellant Filter Recycling Services, Inc., supplemental brief shall be filed, in accordance with the Clerks Office filing procedures, within 14 days from the date of this order;2. Any response of Appellee Shawn Bennett is to be limited to 15 pages,filed on or before April 29, 2013; and, 3. The REQUEST FOR HEARING ORAL ARGUMENT is denied. (lc)
|
| Filing 33 REQUEST for Order for Proposed Order Granting Scheduling Request and Leave to File Docketed Supplemental Brief filed by Appellant Filter Recycling Services Inc. (Sigelman, Paul) |
| Filing 32 REQUEST for Hearing Oral Argument on Appeal and Application for Leave to File Supplemental Brief, and Schedule any Opposition filed by Appellant Filter Recycling Services Inc. (Attachments: #1 Supplement Supplemental Brief)(Sigelman, Paul) |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:First EX PARTE APPLICATION to Supplement Writ/Appeal of Filter Recycling re Memorandum of Points and Authorities in Support (non-motion) #15 #29 . The following error(s) was found: Proposed order missing was not submitted as a separate attachment.Title page is missing, PDF is incomplete missing main document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 30 Amendment to First EX PARTE APPLICATION to Supplement Writ/Appeal of Filter Recycling re Memorandum of Points and Authorities in Support (non-motion) #15 First EX PARTE APPLICATION to Supplement Writ/Appeal of Filter Recycling re Memorandum of Points and Authorities in Support (non-motion) #15 #29 filed by Appellee Filter Recycling Services Inc. (Attachments: #1 Memorandum, #2 Exhibit Deitz, #3 Proposed Order)(Sigelman, Paul) |
| Filing 29 First EX PARTE APPLICATION to Supplement Writ/Appeal of Filter Recycling re Memorandum of Points and Authorities in Support (non-motion) #15 filed by defendant/appellant Filter Recycling Services Inc. (Attachments: #1 Memorandum Brief On Recent Authority, #2 Exhibit Deitz Case)(Perlman, Deborah) |
| Filing 28 REPLY Reply Brief on Appeal MOTION for Writ of review on lack of bankruptcy jurisdiction #6 filed by Appellee Filter Recycling Services Inc. (Sigelman, Paul) |
| Filing 27 APPELLANTS REPLY BRIEF filed by Appellant Jim Arnold. (Attachments: #1 Appendix)(Weiss, Thomas) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Points and Authorities in Opposition (non-motion) #25 . The following error(s) was found: Incorrect event selected. The correct event is: Appellees reply brie. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 25 MEMORANDUM of Points and Authorities in Opposition Re: Memorandum of Points and Authorities in Support (non-motion) #15 (Attachments: #1 Appendix Appellee's Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29)(Wright, David) |
| Filing 24 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: RE MOTION TO DISMISS BANKRUPTCY APPEAL FILED BY RESPONDENT SHAWN BENNETT.Court hears oral argument and takes the matter under submission #9 .Court Reporter: Maria Bustillos. (lc) |
| Filing 23 NOTICE filed by Appellees Beam Triple LLC, Blue Furrow Thirty LLC, Container Management Systems LLC, Daniels Triple LLC, Environmental Logistics Inc, Variety Employment Corporation, Variety Investments LLC, Victorville Holdings LLC, Walker Triple LLC. of Election to Proceed as Single Appellee (Schrader, Jason) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Filter Recycling EX PARTE APPLICATION to Shorten Time for Hearing to 4/9/12 #18 . The following error(s) was found: Missing Proposed order which was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 21 REPLY in Support of MOTION to Dismiss Appeal MOTION to Dismiss Bankruptcy Appeal #9 filed by Appellant Shawn Bennett. (Wright, David) |
| Filing 20 OPPOSITION opposition re: EX PARTE APPLICATION for Relief from Local Rule 7-9 Regarding Opposition Brief and/or For Order Shortening Time or Opposition re #13 MEMORANDUM in Opposition to Motion (opposition filed by FRS on behalf of Jim Arnold) EX PARTE APPLICATION for Relief from Local Rule 7-9 Regarding Opposition Brief and/or For Order Shortening Time or Opposition re #13 MEMORANDUM in Opposition to Motion (opposition filed by FRS on behalf of Jim Arnold) #19 , EX PARTE APPLICATION to Shorten Time for Hearing to 4/9/12 #18 filed by Appellant Shawn Bennett. (Wright, David) |
| Filing 19 EX PARTE APPLICATION for Relief from Local Rule 7-9 Regarding Opposition Brief and/or For Order Shortening Time or Opposition re #13 MEMORANDUM in Opposition to Motion (opposition filed by FRS on behalf of Jim Arnold) filed by Co-Appellant Jim Arnold Filter Recycling Services Inc. (Attachments: #1 Proposed Order)(Weiss, Thomas) |
| Filing 18 EX PARTE APPLICATION to Shorten Time for Hearing to 4/9/12 filed by Defendant Filter Recycling Services Inc.(Sigelman, Paul) |
| Filing 17 OPPOSITION to MOTION to Dismiss Appeal MOTION to Dismiss Bankruptcy Appeal #9 filed by Appellee Filter Recycling Services Inc. (Sigelman, Paul) |
| Filing 16 Writ of Mandamus (Sigelman, Paul) |
| Filing 15 MEMORANDUM of Points and Authorities in Support (Sigelman, Paul) |
| Filing 14 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Appeal MOTION to Dismiss Bankruptcy Appeal #9 (filed concurrently with Opposition to Motion to Dismiss Appeal) filed by Appellant Filter Recycling Services Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Weiss, Thomas) |
| Filing 13 MEMORANDUM in Opposition to MOTION to Dismiss Appeal MOTION to Dismiss Bankruptcy Appeal #9 (filed concurrently with Request for Judicial Notice) filed by Appellee Filter Recycling Services Inc. (Weiss, Thomas) |
| Filing 12 OPPOSITION opposition re: MOTION to Stay pending review of writ/appeal #7 filed by Appellant Shawn Bennett. (Attachments: #1 Declaration David C. Wright, #2 Exhibit 1, #3 Exhibit 2)(Wright, David) |
| Filing 11 CERTIFICATE OF READINESS AND COMPLETION OF RECORD with copy of docket received from Bankruptcy Court. Transcripts requested and filed. Appellants Opening Brief due by 3/26/2012. Appellee Brief due by 4/9/2012. Appellants Reply Brief due by 4/23/2012. (lc) |
| Filing 10 NOTICE RE: BANKRUPTCY APPEAL BRIEFING SCHEDULE issued. Certificate of readiness docketed on 3/12/12, Appellants opening brief to be filed and served by 3/26/12. Appellee brief must be filed and served no later than 14 days after Appellants opening brief. If Appellee filed cross-appeal, the brief shall include issues and arguments pertinent to the cross-appeal. Appellant reply brief must be filed and served not later than 14 days after service of Appellees brief. If Appellee has cross-appealed, she/he may file and serve a reply brief to the response of the Appellant to issues presented in the cross-appeal within 14 days after service of Appellants reply brief. (lc) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Appeal, MOTION to Dismiss Bankruptcy Appeal filed by Respondent Shawn Bennett. Motion set for hearing on 4/9/2012 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration David C. Wright, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Proposed Order)(Wright, David) |
| Filing 8 APPENDIX TO MOTION FOR STAY EXS 3-7 re MOTION to Stay pending review of writ/appeal #7 filed by Appellee Filter Recycling Services Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Perlman, Deborah) |
| Filing 7 NOTICE OF MOTION AND MOTION to Stay pending review of writ/appeal filed by appellant Filter Recycling Services Inc. (Attachments: #1 Appendix Appendix to Motion for Stay, #2 Exhibit Ex 1 to Motion for Stay, #3 Exhibit Ex 2 part 1 to Motion for Stay, #4 Exhibit Ex 2 part 2 to Motion for Stay, #5 Exhibit Ex 2 part 3 to Motion for Stay)(Perlman, Deborah) |
| Filing 6 NOTICE OF MOTION AND MOTION for Writ of review on lack of bankruptcy jurisdiction filed by appellant Filter Recycling Services Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibitg 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 30)(Perlman, Deborah) |
| Filing 5 NOTICE OF REFERRAL OF APPEAL (ADVERSARY) prepared by the United States Bankruptcy Court on 2/7/12. (Attachments: #1 Bankruptcy docket)(mrgo) |
| Filing 4 NOTICE of Related Case(s) filed by appellee Filter Recycling Services Inc. Related Case(s): EDCV 10-274 DDP. (mrgo) |
| Filing 3 NOTICE OF ELECTION TO TRANSFER filed by Appellee Filter Recycling Services Inc electing to transfer the Appeal to the District Court. (mrgo) |
|
Filing 2
JOINT NOTICE OF APPEAL: Re: Order re: Motion of Filter Recycling Services for Remand entered on 1/18/12 by Bankruptcy Judge Meredith Jury, filed in the Bankruptcy Court on 1/18/12. Bankruptcy Court case number: RS 97-23453 MJ, Adversary number: 07-01119 MJ, BAP case number: N/A. Filed by In re Debtor Jon L Bennett, Jr, Appellant Shawn Bennett, Appellee Filter Recycling Services Inc.(mrgo) Modified on 2/10/2012 (mrgo).
|
| Filing 1 NOTICE REGARDING APPEAL FROM BANKRUPTCY COURT. One of the parties having so requested, this appeal from the Bankruptcy Court is assigned to Judge Dean D. Pregerson for all further proceedings. Bankruptcy Court case number: RS 97-23453 MJ, Adversary number: 07-01119 MJ, BAP case number: N/A, filed by appellant Shawn Bennett. (mrgo) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
