Orthogen International GmbH v. Edward Capla, et al
| ORTHOGEN INTERNATIONAL GMBH, for an order pursuant to 28 U.S.C. 1782 to conduct discovery for use in a foreign proceeding |
| EDWARD CAPLA and YOLANDA CAPLA |
| SERVICE |
| DOUGLAS SCHOTTENSTEIN and SCHOTTENSTEIN PAIN AND NEURO, PLLC D/B/A NY SPINE |
| 24-10411 |
| February 7, 2024 |
| U.S. Court of Appeals, Eleventh Circuit |
| Other Statutory Actions |
Docket Report
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Filing 28
ORDER: Motion to voluntarily dismiss appeal filed by Appellants Edward Capla and Yolanda Capla is GRANTED by clerk [ # 26 ]. Pursuant to FRAP 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date [Entered: 04/04/2024 01:58 PM]
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Filing 27
ORDER: Pursuant to the 11th Cir. R. 42-1(b), the appeal is DISMISSED for want of prosecution because the Intervenors Douglas Schottenstein and Schottenstein Pain and Neuro, PLLC d/b/a NY Spine failed to comply with the rules on: Certificates of Interested Persons and Corporate Disclosure Statements, Civil Appeal Statement form and Transcript Order Form within the time fixed by the rules. [Entered: 04/04/2024 01:56 PM]
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| Filing 26 MOTION to voluntarily dismiss appeal filed by Edward Capla and Yolanda Capla. Motion is Unopposed. [26] [24-10411] (ECF: Beverly Pohl) [Entered: 04/01/2024 11:43 AM] |
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Filing 25
ORDER: The Capla Appellants Emergency Motion for Stay Pending Appeal and for a Temporary Stay While the Court Considers the Motion is DENIED, as they have not made the requisite showing. See Nken v. Holder, 556 U.S. 418, 434 (2009); League of Women Voters of Fla., Inc. v. Fla. Secy of State, 32 F.4th 1363, 1370 (11th Cir. 2022). [ # 17 ] [ # 21 ] CRW, AJ and ELB (See attached order for complete text) [Entered: 03/25/2024 10:25 AM]
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| Filing 24 Notice of deficiency: Attorney Cory Hal Morris for Douglas Schottenstein and Schottenstein Pain and Neuro, PLLC d/b/a NY Spine. The following documents have not been timely filed: Transcript Order Form, Civil Appeal Statement and Certificate of Interested Persons. Counsel must immediately file a motion for leave to file them out of time and attach the complete documents to the motion as an exhibit. [Entered: 03/19/2024 09:36 AM] |
| Filing 23 Notice of Appeal filed by Attorney Cory Hal Morris for Intervenors-Appellants Douglas Schottenstein and Schottenstein Pain and Neuro, PLLC d/b/a NY Spine has been filed. According to our records, you are not a member of the Eleventh Circuit bar. Unless an attorney is appearing on behalf of the United States, a federal public defender, appointed by a federal court under the Criminal Justice Act, or otherwise appointed by this Court. 11th Cir. R. 46-1 requires admission to the Eleventh Circuit bar as a condition to practice before the court. In the alternative, an attorney who does not reside in the circuit may be eligible to apply to appear pro hac vice in a particular proceeding. See 11th Cir. R. 46-4. Document(s) may be clerically stricken and treated as though they were never filed if an application for admission has not been received. Application forms are available at www.ca11.uscourts.gov/attorney-forms-and-information. [Entered: 03/19/2024 09:21 AM] |
| Filing 22 AMENDED Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Beverly A. Pohl for Appellants Edward Capla and Yolanda Capla. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [24-10411] (ECF: Beverly Pohl) [Entered: 03/14/2024 05:46 PM] |
| Filing 21 Supplemental Motion to stay pending appeal [ # 17 ] filed by Appellants Edward Capla and Yolanda Capla. [24-10411] (ECF: Beverly Pohl) [Entered: 03/14/2024 05:44 PM] |
| Filing 20 REPLY to RESPONSE to Motion to stay pending appeal [ # 17 ] filed by Appellants Edward Capla and Yolanda Capla. [24-10411] (ECF: Beverly Pohl) [Entered: 03/13/2024 11:12 PM] |
| Filing 19 RESPONSE to Motion filed by Appellants Edward Capla and Yolanda Capla [ # 17 ] filed by Attorney Shalia Sakona for Appellee Orthogen International GmbH. [24-10411] (ECF: Shalia Sakona) [Entered: 03/13/2024 01:31 PM] |
| Filing 18 Over the phone extension granted by clerk as to Attorney Beverly A. Pohl for Appellants Edward Capla and Yolanda Capla. Appellants brief due on 04/17/2024 as to Appellant Edward Capla. Appendix due on 04/24/2024 as to Appellant Edward Capla. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 03/11/2024 08:34 AM] |
| Filing 17 EMERGENCY MOTION to stay pending appeal filed by Edward Capla and Yolanda Capla. Motion is Opposed. [17] [24-10411] (ECF: Beverly Pohl) [Entered: 03/10/2024 08:53 PM] |
| Filing 16 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Shalia Sakona for Appellee Orthogen International GmbH. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [24-10411] (ECF: Shalia Sakona) [Entered: 03/06/2024 03:47 PM] |
| Filing 15 Notice of Appeal filed by Attorney Cory Hal Morris for Intervenors-Appellants Douglas Schottenstein and Schottenstein Pain and Neuro, PLLC d/b/a NY Spine has been filed. According to our records, you are not a member of the Eleventh Circuit bar. Unless an attorney is appearing on behalf of the United States, a federal public defender, appointed by a federal court under the Criminal Justice Act, or otherwise appointed by this Court. 11th Cir. R. 46-1 requires admission to the Eleventh Circuit bar as a condition to practice before the court. In the alternative, an attorney who does not reside in the circuit may be eligible to apply to appear pro hac vice in a particular proceeding. See 11th Cir. R. 46-4. Document(s) may be clerically stricken and treated as though they were never filed if an application for admission has not been received within 21 days. Application forms are available at www.ca11.uscourts.gov/attorney-forms-and-information. [Entered: 02/29/2024 02:35 PM] |
| Filing 14 Appellate fee was paid on 02/21/2024 as to Intervenors-Appellees-Cross Appellants Douglas Schottenstein and Schottenstein Pain and Neuro, PLLC d/b/a NY Spine. [Entered: 02/29/2024 02:26 PM] |
| Filing 13 CIVIL APPEAL DOCKETED. Notice of appeal filed by Intervenors- Appellants Douglas Schottenstein and Schottenstein Pain and Neuro, PLLC d/b/a NY Spine on 02/21/2024. Fee Status: Fee Paid. The appendix is due no later than 7 days from the filing of the appellant's brief. Awaiting Appellant's Certificate of Interested Persons due on or before 03/18/2024 as to Intervenor Appellant Douglas Schottenstein [Entered: 02/29/2024 02:16 PM] |
| Filing 12 APPEARANCE of Counsel Form filed by Christopher Harwood for Orthogen International GmbH. Related cases? No. [24-10411] (ECF: Christopher Harwood) [Entered: 02/23/2024 05:26 PM] |
| Filing 11 APPEARANCE of Counsel Form filed by Shalia Sakona for Orthogen International GmbH Related cases? No. [24-10411] (ECF: Shalia Sakona) [Entered: 02/22/2024 05:38 PM] |
| Filing 10 Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 02/22/2024 10:40 AM] |
| Filing 9 Briefing Notice issued to Appellants Edward Capla and Yolanda Capla. The appellant's brief is due on or before 03/18/2024. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 02/12/2024 04:47 PM] |
| Filing 8 TRANSCRIPT INFORMATION form filed by Attorney Beverly A. Pohl for Appellants Edward Capla and Yolanda Capla. All necessary transcript(s) are on file. [Entered: 02/12/2024 04:45 PM] |
| Filing 7 Civil Appeal Statement filed by Attorney Beverly A. Pohl for Appellants Edward Capla and Yolanda Capla. Related cases? Yes. [24-10411] (ECF: Beverly Pohl) [Entered: 02/12/2024 11:14 AM] |
| Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Beverly A. Pohl for Appellants Edward Capla and Yolanda Capla. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [24-10411] (ECF: Beverly Pohl) [Entered: 02/12/2024 11:11 AM] |
| Filing 5 TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Beverly A. Pohl for Appellants Edward Capla and Yolanda Capla. All necessary transcript(s) are on file. [24-10411] (ECF: Beverly Pohl) [Entered: 02/12/2024 11:05 AM] |
| Filing 4 Amended Notice of Appeal filed by Joel V. Lumer for Appellants Edward Capla and Yolanda Capla and Beverly A. Pohl for Appellants Edward Capla and Yolanda Capla. [Entered: 02/09/2024 04:16 PM] |
| Filing 3 APPEARANCE of Counsel Form filed by Beverly A. Pohl for Edward Capla and Yolanda Capla. Related cases? No. [24-10411] (ECF: Beverly Pohl) [Entered: 02/08/2024 05:11 PM] |
| Filing 2 Appellate fee was paid on 02/06/2024 as to Appellants Edward Capla and Yolanda Capla. [Entered: 02/08/2024 03:52 PM] |
| Filing 1 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Edward Capla and Yolanda Capla on 02/06/2024. Fee Status: Fee Paid. Awaiting Appellant's Certificate of Interested Persons due on or before 02/26/2024 as to Appellant Edward Capla. Awaiting Appellee's Certificate of Interested Persons due on or before 03/07/2024 as to Appellee Orthogen International GmbH [Entered: 02/08/2024 03:48 PM] |
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