Concordia Partners LLC v. Pick, et al
| MARCELLE PICK and PICK ENTERPRISES LLC |
| CONCORDIA PARTNERS LLC |
| 14-1233 |
| March 6, 2014 |
| U.S. Court of Appeals, First Circuit |
| Other |
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| Archives location information for appendices only. Transfer Number: 276-2019-0010. Box Number: 61. The Court of Appeals record is held at the Federal Records Center in Waltham, MA. [14-1216, 14-1217, 14-1787, 14-1219, 14-1223, 14-1224, 14-1225, 14-1227, 14-1250, 14-1228, 14-1233, 14-1242, 14-1245] (ATC) [Entered: 03/27/2020 03:33 PM] |
| Record returned to originating court: Sealed Docs. 57, 60, 67-1, 74, 75-1, 76, 91-4 92-1, 92-2, 94, 120, [14-1233] (CC) [Entered: 07/20/2015 09:17 AM] |
| MANDATE issued. [14-1233] (GA) [Entered: 07/16/2015 08:24 AM] |
| JUDGMENT entered by Rogeriee Thompson, Appellate Judge; Kermit V. Lipez, Appellate Judge and David J. Barron, Appellate Judge. 14-1233 Dismissed [14-1233] (GA) [Entered: 06/24/2015 04:10 PM] |
| OPINION issued by Rogeriee Thompson, Appellate Judge; Kermit V. Lipez, Appellate Judge and David J. Barron, Appellate Judge. Published. [14-1233] (GA) [Entered: 06/24/2015 04:09 PM] |
| CASE argued. Panel: Rogeriee Thompson, Appellate Judge; Kermit V. Lipez, Appellate Judge and David J. Barron, Appellate Judge. Arguing attorneys: James D. Poliquin for Marcelle Pick and Pick Enterprises LLC and Daniel Nuzzi for Concordia Partners LLC. [14-1233] (LM) [Entered: 06/04/2015 03:28 PM] |
ORDER entered by Rogeriee Thompson, Appellate Judge; Kermit V. Lipez, Appellate Judge and David J. Barron, Appellate Judge: The parties are advised that they should be prepared to discuss at oral argument on Thursday, June 4, 2015, whether this Court has appellate jurisdiction to hear this interlocutory appeal under 28 U.S.C. 1292(a)(1). See 28 U.S.C. 1450 ("Whenever any action is removed from a State court to a district court of the United States . . . [a]ll injunctions, orders, and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court."); Adams v. Georgia Gulf Corp., No. 00-12, 2000 WL 34507966, at *1 (5th Cir. May 18, 2000) (per curiam). But see In re Diet Drugs, 282 F.3d 220, 231-32 & n.7 (3d Cir. 2002); Tehan v. Disability Mgmt. Servs., Inc., 111 F. Supp. 2d 542, 548 (D.N.J. 2000). The parties should also be prepared to discuss what effect, if any, the district court's March 17, 2015, Order on Motion for Contempt has on this jurisdictional question. [14-1233] (GA) [Entered: 05/29/2015 09:45 AM]
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| NOTICE Designation of attorney presenting oral argument filed by Appellee Concordia Partners LLC. Certificate of service dated 05/11/2015. [14-1233] (DN) [Entered: 05/11/2015 04:31 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney James D. Poliquin for Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service dated 05/06/2015. [14-1233] (JDP) [Entered: 05/06/2015 09:31 AM] |
| NINE (9) paper copies of reply brief [ # 5904242-2 ] submitted by Appellants Marcelle Pick and Pick Enterprises LLC. [14-1233] (CC) [Entered: 05/04/2015 12:56 PM] |
| REPLY BRIEF filed by Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service dated 04/30/2015. 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 05/08/2015. [14-1233] (KPC) [Entered: 05/01/2015 08:58 AM] |
| BRIEF tendered by Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service dated 04/30/2015. [14-1233] (JDP) [Entered: 04/30/2015 03:31 PM] |
| NOTICE: The Calendaring Notice issued on April 29, 2015 omitted the start time of court, which is 9:30 a.m. Arguing counsel are expected to arrive and check in with the courtroom deputy no later than 9:15 a.m. [14-1233] (LM) [Entered: 04/29/2015 04:09 PM] |
| CASE calendared: Thursday, 06/04/2015 Boston, Panel Courtroom. Designation form due 05/13/2015. [14-1233]. (LM) [Entered: 04/29/2015 03:03 PM] |
| NINE (9) paper copies of appellee/respondent brief [ # 5900717-2 ] submitted by Appellee Concordia Partners LLC. [14-1233] (CC) [Entered: 04/21/2015 08:43 AM] |
| SUPPLEMENTAL record filed. District Court Docket Entries # 132,133,134,134. [14-1233] (GA) [Entered: 04/16/2015 10:21 AM] |
| APPELLEE'S BRIEF filed by Appellee Concordia Partners LLC. Certificate of service dated 04/13/2015. Reply brief due 04/30/2015 for APPELLANT Marcelle Pick and Pick Enterprises LLC. 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 04/23/2015. [14-1233] (KPC) [Entered: 04/16/2015 03:20 PM] |
| CORPORATE disclosure statement filed by Appellee Concordia Partners LLC. Certificate of service dated 04/13/2015. [14-1233] (KPC) [Entered: 04/16/2015 03:25 PM] |
| BRIEF tendered by Appellee Concordia Partners LLC. Certificate of service dated 04/13/2015. [14-1233] (DN) [Entered: 04/13/2015 03:58 PM] |
| SUPPLEMENTAL record filed. District Court Docket Entries #128 and #129. [14-1233] (GA) [Entered: 03/26/2015 10:51 AM] |
| CERTIFICATE of service for pleading tendered [5893222-2] filed by Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service dated 03/12/2015. [14-1233] (JDP) [Entered: 03/18/2015 12:18 PM] |
| APPENDIX filed by Appellants Marcelle Pick and Pick Enterprises LLC. Number of volumes: 1. Number of copies: 5. Certificate of service dated 03/12/2015. [14-1233] (GA) [Entered: 03/18/2015 01:00 PM] |
| BRIEFING schedule updated. Brief due 04/13/2015 for appellee Concordia Partners LLC. [14-1233] (GA) [Entered: 03/18/2015 01:02 PM] |
| PLEADING tendered: Appendix filed by Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service was not included. [14-1233] (DJT) [Entered: 03/16/2015 04:00 PM] |
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ORDER : Upon consideration of defendants-appellants' motion, the motion for leave to file a deferred appendix is denied. The time to file an appendix is enlarged to March 13, 2015 without prejudice to defendants-appellants seeking an additional extension of time if necessary, with the assent of opposing counsel. Plaintiff-appellee's responsive brief shall be filed 30 days from the service date of the appendix. [14-1233] (GA) [Entered: 02/20/2015 01:12 PM]
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| NINE (9) paper copies of appellant/petitioner brief [ # 5884870-2 ] submitted by Appellants Marcelle Pick and Pick Enterprises LLC. [14-1233] (CC) [Entered: 02/11/2015 10:30 AM] |
| APPELLANT'S BRIEF filed by Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service dated 02/02/2015. Brief due 03/09/2015 for APPELLEE Concordia Partners LLC. 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 02/13/2015. [14-1233] (CLT) [Entered: 02/06/2015 11:16 AM] |
| CORPORATE disclosure statement filed by Appellant Pick Enterprises LLC. Certificate of service dated 02/02/2015. [14-1233] (CLT) [Entered: 02/06/2015 11:36 AM] |
| BRIEF tendered by Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service dated 02/02/2015. [14-1233] (JDP) [Entered: 02/02/2015 04:38 PM] |
| ASSENTED TO MOTION to extend time to file appendix filed by Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service dated 01/28/2015. [14-1233] (DAG) [Entered: 01/28/2015 04:21 PM] |
| NOTICE of appearance on behalf of Appellants Marcelle Pick and Pick Enterprises LLC filed by Attorney David A. Goldman, Esq.. Certificate of service dated 01/28/2015. [14-1233] (DAG) [Entered: 01/28/2015 03:37 PM] |
| SEALED UPPLEMENTAL record filed. District Court Docket Entries 91-4, 92-1, 92-2, 94. [14-1233] (GA) [Entered: 01/20/2015 04:25 PM] |
| SUPPLEMENTAL record filed. District Court Docket Entries 90-93, 95, 97-111, 113-118. [14-1233] (GA) [Entered: 01/19/2015 08:15 PM] |
| BRIEFING schedule set. Brief due 02/02/2015 for appellant Marcelle Pick and Pick Enterprises LLC. Appendix due 02/02/2015 for appellant Marcelle Pick and Pick Enterprises LLC. 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. [14-1233] (GA) [Entered: 12/24/2014 04:53 PM] |
| SUPPLEMENTAL record filed. District Court Docket Entries 61-66, 68-73, 77-87. [14-1233] (GA) [Entered: 12/10/2014 12:42 PM] |
| SEALED SUPPLEMENTAL record filed. District Court Docket Entries 67 (attachment 1,2), 74, 75 (attachment 1), 76. [14-1233] (GA) [Entered: 12/10/2014 12:43 PM] |
| LETTER regarding Motion for Remand denied filed by Attorney James D. Poliquin for Appellants Marcelle Pick and Pick Enterprises LLC. Certificate of service dated 12/05/2014. [14-1233] (JDP) [Entered: 12/05/2014 02:34 PM] |
| SEALED SUPPLEMENTAL record filed. District Court Docket Entry #57. [14-1233] (GA) [Entered: 09/24/2014 03:31 PM] |
| SUPPLEMENTAL record filed. District Court Entries # 52 and #54. [14-1233] (GA) [Entered: 09/23/2014 11:09 AM] |
| SUPPLEMENTAL record filed. District Court DE No. 50. [14-1233] (GA) [Entered: 08/28/2014 04:09 PM] |
| SUPPLEMENTAL record filed. District Court Docket Entry #48. [14-1233] (GA) [Entered: 08/18/2014 01:57 PM] |
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ORDER entered by Jeffrey R. Howard, Appellate Judge; Rogeriee Thompson, Appellate Judge and David J. Barron, Appellate Judge: We remand this case to the district court and direct that court to decide the pending motion to remand pursuant to 28 U.S.C. ' 1447. We retain jurisdiction over the interlocutory appeal of the preliminary injunction but hold that appeal in abeyance pending the district court decision on the section 1447 motion. The parties are directed to inform this court once the district court has ruled on the motion. So ordered. [14-1233] (GA) [Entered: 08/06/2014 04:56 PM]
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| NOTICE issued. After 04/17/2014, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Elliott L. Epstein for Marcelle Pick and Pick Enterprises LLC. [14-1233] (GA) [Entered: 04/03/2014 08:31 AM] |
| REPLY filed by Appellee Concordia Partners LLC to motion to remand case [ # 5808468-3 ], motion for miscellaneous relief [ # 5808468-2 ], response [ # 5810980-2 ]. Certificate of service dated 04/02/2014. [14-1233] (DN) [Entered: 04/02/2014 03:55 PM] |
| CORPORATE disclosure statement filed by Appellant Pick Enterprises LLC. Certificate of service dated 03/28/2014. [14-1233] (JDP) [Entered: 03/28/2014 11:53 AM] |
| RESPONSE filed by Appellants Marcelle Pick and Pick Enterprises LLC to motion to remand case [ # 5808468-3 ], motion for miscellaneous relief [ # 5808468-2 ]. Certificate of service dated 03/27/2014. [14-1233] (JDP) [Entered: 03/27/2014 10:16 AM] |
| REQUEST for removal from the service list filed by Attorney Martin I. Eisenstein for Appellee Concordia Partners LLC. [14-1233] (GA) [Entered: 03/20/2014 03:56 PM] |
| NOTICE allowing request for removal from service list. The following attorneys have been removed from the service list for this case: Martin I. Eisenstein for Concordia Partners LLC. [14-1233] (GA) [Entered: 03/20/2014 03:57 PM] |
| CORPORATE disclosure statement filed by Appellee Concordia Partners LLC. Certificate of service dated 03/18/2014. [14-1233] (DN) [Entered: 03/18/2014 08:14 AM] |
| MOTION to Remand filed by Appellee Concordia Partners LLC. Certificate of service dated 03/17/2014. [14-1233] CLERK'S NOTE: Relief selection was incorrect and/or incomplete. Correction made by clerk's office. No further action required. (DN) [Entered: 03/17/2014 04:30 PM] |
| NOTICE of appearance on behalf of Appellants Marcelle Pick and Pick Enterprises LLC filed by Attorney Theodore H. Kirchner. [14-1233] (THK) [Entered: 03/14/2014 11:13 AM] |
| DOCKETING statement filed by Appellants Marcelle Pick and Pick Enterprises LLC. [14-1233] (JDP) [Entered: 03/14/2014 04:29 PM] |
| NOTICE of appearance on behalf of Appellee Concordia Partners LLC filed by Attorney Daniel A. Nuzzi, Esq. Certificate of service dated 03/12/2014. [14-1233] (DN) [Entered: 03/12/2014 10:54 AM] |
| NOTICE Under FRAP 12.1(a) filed by Appellee Concordia Partners LLC. [14-1233] (DWB) [Entered: 03/12/2014 03:25 PM] |
| NOTICE of appearance on behalf of Appellants Marcelle Pick and Pick Enterprises LLC filed by Attorney James D. Poliquin. [14-1233] (JDP) [Entered: 03/12/2014 04:18 PM] |
| NOTICE of appearance on behalf of Appellee Concordia Partners LLC filed by Attorney David W. Bertoni. [14-1233] (DWB) [Entered: 03/11/2014 02:58 PM] |
| NOTICE of appearance on behalf of Appellee Concordia Partners LLC filed by Attorney Stacy O. Stitham. Certificate of service dated 03/10/2014. [14-1233] (SOS) [Entered: 03/10/2014 10:11 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #32) filed by Appellants Marcelle Pick and Pick Enterprises LLC. Docketing Statement due 03/20/2014. Appearance form due 03/20/2014. [14-1233] (GA) [Entered: 03/06/2014 11:47 AM] |
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