CrossFit, Inc. v. Mustapha
| CROSSFIT, INC. |
| DONNY MUSTAPHA, individually and, d/b/a Chelmsford Sports Club, RONNIE BRIERE, individually and, d/b/a CrossFit Objective, CHRIS COOPER, individually and as Regional Media Director for CrossFit, Inc., d/b/a CrossFit Catalyst, DANNY DEE, d/b/a CrossFit Potential, MICHAEL JONES, d/b/a CrossFit, AARON LAANDES, d/b/a CrossFit Lando, MAXIMUS LEWIN, d/b/a CrossFit EastBay, WILLIAM LEXNER, d/b/a CrossFit Boost, COREY LINHART, d/b/a CrossFit Invalesco, DALE SURAN, CrossFit, Inc., General Counsel and GINA TOCCANI, d/b/a CrossFit Lowell |
| 16-1987 |
| August 2, 2016 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| Document Text |
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| MANDATE issued. [16-1987] (GB) [Entered: 09/12/2017 02:21 PM] |
| JUDGMENT entered by Jeffrey R. Howard, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and William J. Kayatta, Jr., Appellate Judge: Appeal dismissed . [16-1987] (GB) [Entered: 08/21/2017 11:25 AM] |
| MOTION to strike Mustapha's Appendix And For Leave To File Complete Appendix in Support of Appellate Brief filed by Appellee CrossFit, Inc.. Certificate of service dated 08/17/2017. [16-1987] (ZCK) [Entered: 08/17/2017 12:57 PM] |
| FIVE (5) paper copies of appellant's appendix submitted by Appellant Donny Mustapha. [16-1987] (AP) [Entered: 08/16/2017 11:39 AM] |
| RENEWED MOTION to Dismiss Appeal, Or, in the Alternative, MOTION to Extend Time to file Appellee's Brief filed by Appellee CrossFit, Inc. Certificate of service dated 08/10/2017. [16-1987] CLERK'S NOTE: Relief selection was incorrect and incomplete. Correction made by clerk's office. No further action required. (ZCK) [Entered: 08/10/2017 08:38 AM] |
ORDER entered: Upon consideration of motion, it is ordered that the time for plaintiff-appellee CrossFit, Inc. to file its responsive brief is enlarged to and including August 28, 2017 . [16-1987] (GB) [Entered: 08/10/2017 10:19 AM]
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| APPENDIX filed by Appellant Donny Mustapha. Certificate of service dated 08/08/2017. [16-1987] CLERK'S NOTE: Docket entry was edited to modify the docket text. (DM) [Entered: 08/08/2017 03:41 PM] |
| NOTICE of default and intent to dismiss issued directing appellant to file an appendix or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 45.0(a). Appendix due 08/08/2017 . [16-1987] (GB) [Entered: 07/25/2017 09:18 AM] |
| CASE submitted. Panel: Juan R. Torruella, Appellate Judge; Jeffrey R. Howard, Chief Appellate Judge; William J. Kayatta, Jr., Appellate Judge. [16-1987] (SBT) [Entered: 09/11/2017 01:06 PM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6106253-2 ] submitted by Appellant Donny Mustapha. [16-1987] (AP) [Entered: 07/24/2017 12:05 PM] |
| APPELLANT'S BRIEF and Motion for Oral Argument filed by Appellant Donny Mustapha. 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 07/24/2017 . Brief due 08/14/2017 for APPELLEE CrossFit, Inc. [16-1987]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (AP) [Entered: 07/17/2017 09:08 AM] |
| MOTION to dismiss case and RESPONSE filed by Appellee CrossFit, Inc. to electronically filed brief [ # 6105813-2 ]. Certificate of service dated 07/14/2017. [16-1987] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (ZCK) [Entered: 07/14/2017 05:24 PM] |
| BRIEF tendered by Appellant Donny Mustapha. Certificate of service dated 07/13/2017. [16-1987] (DM) [Entered: 07/13/2017 03:51 PM] |
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ORDER entered by Sandra L. Lynch, Appellate Judge: Upon consideration of defendant-appellant Donny Mustapha's motion for an extension of time to file a principal brief and plaintiff-appellee CrossFit, Inc.'s response thereto, the motion is allowed in part. The deadline for defendant-appellant to file his opening brief and appendix is enlarged to and including July 13, 2017 . Defendant-appellant will receive no further extension of this deadline. [16-1987] (GB) [Entered: 06/13/2017 10:33 AM]
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| REPLY filed by Appellant Donny Mustapha to [ # 6096615-2 ]. Certificate of service dated 06/05/2017. [16-1987] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (DM) [Entered: 06/05/2017 03:40 PM] |
| RESPONSE filed by Appellee CrossFit, Inc. to motion to extend time to file brief and/or appendix [ # 6093920-3 ], motion [ # 6093920-2 ]. Certificate of service dated 06/02/2017. [16-1987] (ZCK) [Entered: 06/02/2017 04:52 PM] |
| MOTION to extend time to file brief and appendix filed by Appellant Donny Mustapha. Certificate of service was not included. [16-1987] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. [16-1987] (DM) [Entered: 05/23/2017 10:06 AM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Upon consideration of defendant-appellant Donny Mustapha's motion for an extension of time to file a principal brief and plaintiff-appellee CrossFit, Inc.'s response thereto, the motion is allowed in part without prejudice to a renewed request for extension. The deadline for defendant-appellant to file his principal brief is enlarged to and including May 26, 2017 . Any renewed request must be accompanied by appropriate documentation concerning Mustapha's medical condition and must demonstrate a need for a continued extension. [16-1987] (KPC) [Entered: 02/28/2017 04:24 PM]
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| RESPONSE filed by Appellee CrossFit, Inc. to motion to extend time to file brief and/or appendix [ # 6068322-3 ], motion to extend time to file response [ # 6068322-2 ]. Certificate of service dated 02/21/2017. [16-1987] (ZCK) [Entered: 02/21/2017 05:32 PM] |
| MOTION to extend time to file brief and appendix filed by Appellant Donny Mustapha. Certificate of service dated 02/08/2017. [16-1987] CLERK'S NOTE: Relief selection was incorrect and/or incomplete. Correction made by clerk's office. No further action required. (DM) [Entered: 02/08/2017 03:03 PM] |
| Filing fee was paid in the district court by Appellant Donny Mustapha on 12/09/2016. [16-1987] (GAK) [Entered: 12/22/2016 12:12 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Donny Mustapha. Brief and Appendix due 03/27/2017 for appellant Donny Mustapha. [16-1987] (TS) [Entered: 12/21/2016 10:25 AM]
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| ASSENTED TO MOTION to extend time to file brief and appendix (due to medical emergency) filed by Appellant Donny Mustapha. Certificate of service dated 12/20/2016. [16-1987] CLERK'S NOTE: Relief selection was incorrect and/or incomplete. Correction made by clerk's office. No further action required. [16-1987] (DM) [Entered: 12/20/2016 09:16 PM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and Rogeriee Thompson, Appellate Judge: The appellant's motion to stay under Fed. R. App. 8 is denied . [16-1987] (TS) [Entered: 11/14/2016 01:59 PM]
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ORDER entered by Rogeriee Thompson, Appellate Judge: The appellant's motion to proceed in forma pauperis is denied . The appellant is directed to pay the filing fee within thirty days of the date of this order. Failure to do so may result in dismissal for failure to prosecute. In view of this disposition, the appellee's motion to strike the appellant's affidavit is denied as moot , and the motion to dismiss the appeal for lack of diligent prosecution is denied . [16-1987] (TS) [Entered: 11/14/2016 02:03 PM]
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| BRIEFING schedule set. Brief and Appendix due 12/27/2016 for appellant Donny Mustapha. 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. PLEASE NOTE: The December 1, 2016 amendments to the Federal Rules of Appellate Procedure reduce the word limits for briefs. The full text of the amendments, as well as a summary of major rule changes, is available # here . The changes are effective December 1, 2016. [16-1987] (TS) [Entered: 11/14/2016 02:21 PM] |
| Request to proceed in forma pauperis filed by Appellant Donny Mustapha was denied in the Court of Appeals. [16-1987] (TS) [Entered: 11/14/2016 02:33 PM] |
| NOTICE of CrossBox International Bank Account Opened on 101116 filed by Appellant Donny Mustapha. [16-1987] CLERK'S NOTE: Electronic access to document containing one or more personal identifiers was restricted by clerk's office. [16-1987] (DM) [Entered: 10/11/2016 03:32 PM] |
| AFFIDAVIT in support of memorandum [ # 6035550-2 ] filed by Appellant Donny Mustapha. [16-1987] (DM) [Entered: 10/10/2016 06:08 PM] |
| RESPONSE filed by Appellant Donny Mustapha to motion to strike document [ # 6038333-2 ], motion to strike document [ # 6038333-3 ], motion to dismiss case [ # 6038333-4 ]. [16-1987] (DM) [Entered: 10/10/2016 05:33 PM] |
| RESPONSE filed by Appellee CrossFit, Inc. to memorandum [ # 6035550-2 ]. Certificate of service dated 10/06/2016. [16-1987] (ZCK) [Entered: 10/06/2016 11:22 PM] |
| AFFIDAVIT in support of response [ # 6038330-2 ] filed by Appellee CrossFit, Inc.. Certificate of service dated 10/06/2016. [16-1987] (ZCK) [Entered: 10/06/2016 11:25 PM] |
| MOTION to strike Appellant's Affidavit to Accompany Motion for Leave to Appeal In Forma Pauperis and to dismiss case filed by Appellee CrossFit, Inc.. Certificate of service dated 10/06/2016. [16-1987] CLERK'S NOTE: Relief selection was incorrect and/or incomplete. Correction made by clerk's office. No further action required. [16-1987] (ZCK) [Entered: 10/06/2016 11:51 PM] |
| AFFIDAVIT in support of motion to strike document [ # 6038333-2 ] filed by Appellee CrossFit, Inc.. Certificate of service dated 10/06/2016. [16-1987] (ZCK) [Entered: 10/06/2016 11:53 PM] |
| MEMORANDUM in support of motion to stay [ # 6031818-2 ] filed by Appellant Donny Mustapha. Certificate of service dated 09/26/2016. [16-1987] (DM) [Entered: 09/26/2016 02:11 PM] |
| MOTION to proceed in forma pauperis filed by Appellant Donny Mustapha. Certificate of service dated 09/26/2016. [16-1987] (DM) [Entered: 09/26/2016 02:13 PM] |
| Request to proceed in forma pauperis filed by Appellant Donny Mustapha is pending in the Court of Appeals. [16-1987] (GAK) [Entered: 09/26/2016 04:05 PM] |
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ORDER granting motion to extend time to file memorandum and affidavit in support of motion to stay judgment. Memorandum and Affidavit in Support due 09/26/2016 for Donny Mustapha. [16-1987] (TS) [Entered: 09/22/2016 02:22 PM]
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| RESPONSE filed by Appellee CrossFit, Inc. to motion to stay [ # 6031818-2 ]. Certificate of service dated 09/21/2016. [16-1987] (ZCK) [Entered: 09/21/2016 02:39 PM] |
| MOTION to extend time to file a response filed by Appellant Donny Mustapha. [16-1987] (DM) [Entered: 09/21/2016 03:12 PM] |
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ORDER entered by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge: The plaintiff-appellee moves to dismiss the appeal as untimely, and for lack of diligent prosecution. The notice of appeal, filed on July 22, 2016, purports to appeal from the judgment entered on February 18, 2016, and from an order awarding attorney's fees entered on June 23, 2016. The appellant had thirty days in which to appeal. See Fed. R. App. P. 4(a)(1). The notice of appeal was untimely to appeal the judgment entered on February 18, 2016, because none of the post-judgment motions filed after the entry of judgment affected the time to file an appeal under Fed. R. App. P. 4(a)(4). The notice of appeal was effective, however, to appeal the order awarding attorney's fees. Accordingly, the appeal may proceed to the extent that the appellant challenges the order entered on June 23, 2016; the appeal is otherwise dismissed in part for lack of jurisdiction. See Bowles v. Russell, 551 U.S. 205, 214 (2007) ("the timely filing of a notice of appeal in a civil case is a jurisdictional requirement"). In view of this court's order entered on September 12, 2016, setting a new deadline for the appellant to comply with the filing-fee deadlines, the motion to dismiss the appeal for lack of diligent prosecution is denied. The appellee's motion to extend the time to file a reply is granted. [16-1987] (MNH) [Entered: 09/16/2016 01:52 PM]
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| REPLY filed by Appellee CrossFit, Inc. to response [ # 6030458-2 ]. Certificate of service dated 09/13/2016. [16-1987] (ZCK) [Entered: 09/14/2016 12:08 AM] |
| MOTION filed by Appellee CrossFit, Inc.. Certificate of service dated 09/14/2016. [16-1987] (ZCK) [Entered: 09/14/2016 11:56 AM] |
| MOTION to stay Judgment filed by Appellant Donny Mustapha. [16-1987] (DM) [Entered: 09/12/2016 08:12 AM] |
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SUPPLEMENTAL record filed. Docket entries: 215 (MOTION for Leave to Proceed in forma pauperis) and 224 (Electronic order entered on September 9, 2016 by Judge Saylor denying [215] MOTION for Leave to Proceed in forma pauperis). [16-1987] (GAK) [Entered: 09/12/2016 08:54 AM]
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| Request to proceed in forma pauperis on appeal filed by Appellant Donny Mustapha was denied in the district court by order dated 09/09/2016. [16-1987] (GAK) [Entered: 09/12/2016 09:01 AM] |
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ORDER entered. The district court denied appellant's request to proceed in forma pauperis ("IFP") on September 9, 2016 in Docket No. 1:13-cv-11498-FDS (D. Mass.). Accordingly, appellant must either pay the $505 filing fee to the clerk of the district court or file in this court a motion to proceed IFP and a fully completed Form 4 financial affidavit. See Fed. R. App. P. 24(a)(5). A copy of Form 4 is provided to the appellant with this order. If payment has been made, the appellant must submit a copy of the receipt, referencing the above docket number, to this court. The failure to take either action by September 26, 2016 and provide this court with proof thereof, will lead to dismissal of the appeal for lack of diligent prosecution. See 1st Cir. Loc. R. 3.0(b). [16-1987] (GAK) [Entered: 09/12/2016 09:02 AM]
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| A review of the district court docket indicates that a request to proceed in forma pauperis is pending for Appellant Donny Mustapha. [16-1987] (GAK) [Entered: 09/08/2016 02:31 PM] |
| 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: Laura Greenberg-Chao for CrossFit, Inc., Nicole C. Phillips for CrossFit, Inc. and Gregg S. Haladyna for Ronnie Briere. [16-1987] (TS) [Entered: 09/07/2016 08:52 AM] |
| RESPONSE filed by Appellant Donny Mustapha to motion to dismiss case [ # 6026313-2 ]. [16-1987] (DM) [Entered: 09/06/2016 01:32 PM] |
| TRANSCRIPT report/order form filed by Appellant Donny Mustapha indicating transcripts are not necessary for this appeal. [16-1987] (DM) [Entered: 08/24/2016 10:40 AM] |
| NOTICE of default issued. Appellant failed to file a transcript report/order form by the deadline. If transcripts are necessary for this appeal, appellant is directed to file a transcript order form by 09/06/2016. Absent a timely response, this court will set a briefing schedule, if appropriate. [16-1987] (TS) [Entered: 08/23/2016 11:45 AM] |
| NOTICE issued. After 09/06/2016 , the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Laura Greenberg-Chao for CrossFit, Inc., Nicole C. Phillips for CrossFit, Inc. and Gregg S. Haladyna for Ronnie Briere. [16-1987] (TS) [Entered: 08/23/2016 11:48 AM] |
| MOTION to dismiss case filed by Appellee CrossFit, Inc.. [16-1987] (ZCK) [Entered: 08/18/2016 12:54 PM] |
| MOTION to proceed in forma pauperis filed by Appellant Donny Mustapha. Certificate of service dated 08/16/2016. [16-1987] (DM) [Entered: 08/18/2016 02:42 PM] |
| NOTICE of appearance on behalf of Appellee CrossFit, Inc. filed by Attorney Zachary C. Kleinsasser. [16-1987] (ZCK) [Entered: 08/15/2016 03:14 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #211) filed by Appellant Donny Mustapha. Fee and Transcript Report/Order form due 08/16/2016. [16-1987] (TS) [Entered: 08/02/2016 11:20 AM] |
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