In re: National Holdings Corp
Petitioner: NATIONAL HOLDINGS CORPORATION, dba National Securities
Respondent: PHILIP J. CHARVAT
Case Number: 15-303
Filed: June 4, 2015
Court: U.S. Court of Appeals, Sixth Circuit
Nature of Suit: Other
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Docket Report

This docket was last retrieved on November 3, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2016 Opinion or Order Filing 20 ORDER filed : DENIED petition petition for 1292(b) [ # 1 ] filed by National Holdings Corporation. Karen Nelson Moore, Julia Smith Gibbons and Richard Allen Griffin, Circuit Judges. (LAS) [Entered: 11/03/2016 12:42 PM]
August 10, 2016 Opinion or Order Filing 19 ORDER filed: In view of the status report filed on 08/05/16, this matter is hereby restored to the court's active docket. The petitioner is hereby granted 30 days in which to file a supplemental petition as indicated in the court's order of 08/12/15. (LAS) [Entered: 08/10/2016 08:55 AM]
August 5, 2016 Filing 18 STATUS REPORT filed by Mr. Andrew Evan Samuels for National Holdings Corporation. Certificate of Service: 08/05/2016. Next status report due 09/06/2016 (AES) [Entered: 08/05/2016 08:52 AM]
June 21, 2016 Filing 17 STATUS REPORT filed by Mr. Andrew Evan Samuels for National Holdings Corporation. Certificate of Service: 06/21/2016. [In Mey, awaiting 6CA ruling on the issue of whether the defs delivery of a cashiers check to plf's counsel mooted the plfs claims. ] See 6th Cir. No. 14-2574, ECF Nos. 34-35. [NDA regenerated w/update status rpt date.] Next status report due: 08/05/2016 (AES) [Entered: 06/21/2016 09:07 AM]
May 6, 2016 Filing 16 STATUS REPORT filed by Mr. Rand L. McClellan for National Holdings Corporation. Certificate of Service: 05/06/2016. [In Mey, the parties filed supplemental briefing on the issue of whether the defs delivery of a cashiers check to plfs counsel mooted the plfs claims. See 6th Cir. No. 14-2574, ECF Nos. 34-35.] Certificate of Service: 03/22/2016. Next status report due 06/21/2016. [NDA regenerated w/update status rpt date.]--[Edited 05/06/2016 by LS] (RLM) [Entered: 05/06/2016 09:36 AM]
March 22, 2016 Filing 15 STATUS REPORT filed by Mr. Rand L. McClellan for National Holdings Corporation. [In Campbell-Ewald, Sp Ct affirmed the Ninth Circuits judgment on 01/20/16, in Mey, parties briefing defs motion for leave to supplement the appellate record w/evidence of defs tender of complete relief to the plf; see 6th Cir. No. 14-2574, ECF Nos. 30, 32, in MD On-Line, 6CA aff'd MIEDs judgment on 02/02/16; see 6th Cir. No. 15-3508, ECF No. 45. Certificate of Service: 03/22/2016. Next status report due 05/06/2016. [NDA regenerated w/update status rpt date.]--[Edited 03/22/2016 by LS] (RLM) [Entered: 03/22/2016 09:14 AM]
February 8, 2016 Filing 14 STATUS REPORT filed by Mr. Andrew Evan Samuels for National Holdings Corporation. [In Campbell-Ewald, Supreme Ct affirmed Ninth Circuit's judgment on 01/20/16; In Mey, plaintiff filed Campbell-Ewald as a supplemental authority on 1/20/16, see 6COA Case No. 14-2574; In MD On-Line, 6COA affirmed the EDMI judgment in Case No. 15-3508.]. Certificate of Service: 02/08/2016. Next status report due 03/22/2016--[Edited 02/10/2016 by LS] (AES) [Entered: 02/08/2016 05:51 PM]
February 8, 2016 Filing 13 STATUS REPORT filed by Mr. Rand L. McClellan for National Holdings Corporation. In Campbell-Ewald, Supreme Ct affirmed Ninth Circuit's judgment on 01/20/16; In Mey, plaintiff filed Campbell-Ewald as a supplemental authority on 1/20/16; In MD On-Line, plaintiff filed Campbell-Ewald as a supplemental authority on 1/29/16. Certificate of Service: 02/08/2016. Next status report due 03/09/2016--[Edited 02/08/2016 by RLJ] (RLM) [Entered: 02/08/2016 09:05 AM]
December 23, 2015 Filing 12 STATUS REPORT filed by Mr. Rand L. McClellan for National Holdings Corporation. In Campbell-Ewald, the Supreme Court heard oral argument on October 14, 2015. In Mey, this Court canceled its August 5, 2015 oral argument date. Oral argument has not been rescheduled. In MD On-Line, merits briefing was completed on December 18, 2015. See 6th Cir. No. 15-3508, ECF No. 41. Certificate of Service: 12/23/2015. Next status report due 02/08/2016. (Notice of Docket Activity regenerated to show the correct date for filing next status report.)--[Edited 12/28/2015 by LMN] (RLM) [Entered: 12/23/2015 08:31 AM]
November 11, 2015 Filing 11 STATUS REPORT filed by Mr. Rand L. McClellan for National Holdings Corporation. Certificate of Service: 11/11/2015. [In Campbell-Ewald, Sp Ct heard oa 10/14/15; in Mey, 6CA canceled oa & not rescheduled. In MD On-Line, appellants filed corrected brf on 10/21/15. See 6th Cir. No. 15-3508, ECF No. 39.] Next status report due 12/28/2015--[Edited 11/12/2015 by RLJ] (Counsel notifed of next status report via Notice of Docket Activity.)--[Edited 11/12/2015 by LS] (RLM) [Entered: 11/11/2015 08:46 AM]
September 28, 2015 Filing 10 STATUS REPORT filed by Mr. Rand L. McClellan for National Holdings Corporation. In Campbell-Ewald, oral argument remains scheduled for October 14, 2015. In Mey, this Court canceled its August 5, 2015 oral argument date. Oral argument has not been rescheduled. In MD On-Line, this Court denied the defendants-appellants motion to stay the appeal pending a decision in Campbell-Ewald. See 6th Cir. No. 15-3508, ECF No. 35. The defendants-appellants principal brief is due on October 15, 2015. Certificate of Service: 09/28/2015. Next status report due 11/12/2015--[Edited 09/28/2015 by RLJ] (RLM) [Entered: 09/28/2015 12:38 PM]
September 28, 2015 Filing 9 **LOCKED - COUNSEL ADVISED TO REFILE UNDER CORRECT RELIEF**FILED: Petitioner National Holdings Corporation's Report on the Status of Campbell-Ewald, Mey, and MD One-Line by Mr. Rand L. McClellan for National Holdings Corporation. Certificate of Service: 09/28/2015.--[Edited 09/28/2015 by RLJ] (RLM) [Entered: 09/28/2015 11:28 AM]
August 13, 2015 Filing 8 RULING to hold case in abeyance pending a ruling in Ewald-Campbell, Mey and MD On-Line (YH) [Entered: 08/13/2015 11:45 AM]
August 12, 2015 Opinion or Order Filing 7 ORDER: the Clerk is DIRECTED to hold this petition for permission to appeal in abeyance. National Holdings is ORDERED to FILE a report every forty-five days regarding the status of Ewald-Campbell, Mey, and MD On-Line. Upon being advised by National Holdings of the disposition of these appeals, the court clerk shall return the case to the active docket. National Holdings is ORDERED to file a supplemental petition within thirty days of the case being returned to the active docket in which it shall address whether review of the district court's order is still necessary and, if so, what issues support review. Upon receipt of the supplement, the petition will be resumitted to the court. The first Status report is due 09/28/2015. Karen Nelson Moore, Circuit Judge; Julia Smith Gibbons, Circuit Judge and Richard Allen Griffin, Circuit Judge. (LAJ) [Entered: 08/12/2015 10:50 AM]
June 10, 2015 Filing 6 APPEARANCE filed for Respondent Philip J. Charvat by Brian K. Murphy. Certificate of Service: 06/10/2015. (BKM) [Entered: 06/10/2015 11:05 AM]
June 5, 2015 Filing 5 APPEARANCE filed for Petitioner National Holdings Corporation by Andrew E. Samuels. Certificate of Service: 06/05/2015. (AES) [Entered: 06/05/2015 11:26 AM]
June 5, 2015 Filing 4 APPEARANCE filed for Petitioner National Holdings Corporation by Rand L. McClellan. Certificate of Service: 06/05/2015. (RLM) [Entered: 06/05/2015 11:24 AM]
June 5, 2015 Filing 3 APPEARANCE filed for Petitioner National Holdings Corporation by Joseph E. Ezzie. Certificate of Service: 06/05/2015. (JEE) [Entered: 06/05/2015 11:20 AM]
June 4, 2015 Filing 2 The case manager for this case is: Louise Schwarber. (LAS) [Entered: 06/04/2015 04:24 PM]
June 4, 2015 Filing 1 Permission for Leave to Appeal Docketed. Request filed by Petitioner National Holdings Corporation. (LAS) [Entered: 06/04/2015 04:20 PM]

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Respondent: PHILIP J. CHARVAT
Represented By: Brian K. Murphy
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Petitioner: NATIONAL HOLDINGS CORPORATION, dba National Securities
Represented By: Andrew Evan Samuels
Represented By: Rand L. McClellan
Represented By: Joseph Edward Ezzie
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