Michael Eshelman, et al v. Othoclear Holdings, Inc., et al
| MICHAEL B. ESHELMAN, D.D.S., PETER F. SILCHER, D.D.S. and LORI I. SILCHER |
| OTHOCLEAR HOLDINGS, INC., a British Virgin Islands Company, ORTHOCLEAR, INC., a Delaware corporation, MUHAMMAD ZIAULLAH CHISHTI, HAUFENG CHARLES WEN, PETER RIEPENHAUSEN, ARTHUR T. TAYLOR, SAIYED ATIQ RAZA, JOSEPH BREELAND, PATRICIA HUMELL SEIFERT, CHRISTOPHER KAWAJA, MUDASSAR RATHORE, PAUL BADAWI, 3I TECHNOLOGY PARTNERS III, LP and 3I GROUP PLC, a Public Limited Company registered in England and Wales |
| 09-15600 |
| April 1, 2009 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Fraud |
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Filing 18
Order filed (Deputy Clerk: CAG) The parties have stipulated to the dismissal of this appeal under Fed. R. App. P. 42(b). This appeal is dismissed. Costs and fees shall be allocated according to the provisions of the stipulation. A copy of this order sent to the district court shall act as and for the mandate of this court. [7305986] (BJB) [Entered: 04/19/2010 10:15 AM]
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| Filing 17 Filed (ECF) Appellants Michael B. Eshelman, Lori I. Silcher and Peter F. Silcher Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 04/15/2010. [7302733] (Sparer, Alan) [Entered: 04/15/2010 11:52 AM] |
| Filing 16 Filed order (Appellate Commissioner) The parties' joint motion to further stay appellate proceedings is granted. This appeal is stayed until April 15, 2010. On or before the expiration of the stay the appellants shall file the opening brief or file a motion that requests appropriate relief, and addresses the status of the settlement negotiations. If the appellants file the opening brief, the answering brief shall be due May 17, 2010, and the reply brief shall be due within 14 days after service of the answering brief. The filing of the opening brief or failure to file a motion shall terminate the stay. Any further motion to stay appellate proceedings shall include the steps the parties have taken to expedite the settlement of this appeal. (Pro Mo) [7203604] (MS) [Entered: 01/21/2010 03:42 PM] |
| Filing 15 Filed (ECF) Appellants Michael B. Eshelman, Lori I. Silcher, Peter F. Silcher and Appellees Joseph Breeland, Muhammad Ziaullah Chishti, OrthoClear, Inc., Othoclear Holdings, Inc., Saiyed Atiq Raza, Peter Riepenhausen, Arthur T. Taylor and Haufeng Charles Wen Joint Motion to stay proceedings pending settlement. Date of service: 01/11/2010. [7190684] (Haber, Marc) [Entered: 01/11/2010 04:53 PM] |
| Filing 14 Filed clerk order (Deputy Clerk:CAG): Based on circumstances cited, the appellants' motion to further stay appellate proceedings is granted. This appeal is stayed until February 1, 2010. On or before the expiration of the stay, the appellants shall file the opening brief, or file a motion that requests appropriate relief, and addresses the status of the settlement negotiations. If the appellants file the opening brief, the answering brief shall be due March 3, 2010, and the reply brief shall be due within 14 days after service of the answering brief. The filing of the opening brief or failure to file a motion shall terminate the stay. Any further motion to stay appellate proceedings shall include the steps the parties have taken to expedite the settlement of this appeal. [7112005] (AF) [Entered: 10/29/2009 09:49 AM] |
| Filing 13 Filed (ECF) Appellants Michael B. Eshelman, Lori I. Silcher and Peter F. Silcher Motion to stay proceedings pending settlement. Date of service: 10/23/2009. [7106351] (Sparer, Alan) [Entered: 10/23/2009 02:05 PM] |
| Filing 12 Filed clerk order (Deputy Clerk:CAG): The appellants' motion to further stay appellate proceedings is granted. This appeal is stayed until November 2, 2009 On or before the expiration of the stay, the appellants shall file the opening brief, or file a motion that requests appropriate relief, and addresses the status of the settlement negotiations. If the appellants file the opening brief, the answering brief shall be due December 2, 2009, and the reply brief shall be due within 14 days after service of the answering brief. The filing of the opening brief or failure to file a motion shall terminate the stay. [7026052] (AF) [Entered: 08/13/2009 10:08 AM] |
| Filing 11 Filed (ECF) Appellants Michael B. Eshelman, Lori I. Silcher and Peter F. Silcher Motion to stay proceedings. Date of service: 08/11/2009. [7023825] (Sparer, Alan) [Entered: 08/11/2009 03:21 PM] |
| Filing 10 Fee status changed ( [Case Number 09-15600: pd] ). [6986909] (AF) [Entered: 07/09/2009 02:22 PM] |
| Filing 9 Filed clerk order (Deputy Clerk:CAG): The clerk shall amend court records to reflect that the appellants paid the docketing fees to the district court on March 20, 2009. The appellants' motion for an extension is construed as a motion to stay appellate proceedings. So construed, the motion is granted. This appeal is stayed until September 2, 2009. On or before the expiration of the stay, the appellants shall file the opening brief, or file a motion that requests appropriate relief, and addresses the status of the settlement negotiations. If the appellants file the opening brief, the answering brief shall be due October 2, 2009, and the reply brief shall be due within 14 days after service of the answering brief. The filing of the opening brief or failure to file a motion shall terminate the stay. [6986901] (AF) [Entered: 07/09/2009 02:20 PM] |
| Filing 8 Received Attorney Alan W. Sparer for Appellants Michael B. Eshelman, Peter F. Silcher and Lori I. Silcher letter dated 07/07/2009 re: aplt's motion for 50-day extension is now unopposed by all respondents. Served on 07/07/2009 [6986867] (EL) [Entered: 07/09/2009 02:12 PM] |
| Filing 7 Filed (ECF) Appellants Michael B. Eshelman, Lori I. Silcher and Peter F. Silcher Motion to extend time to file Opening brief until 09/02/2009. Date of service: 07/02/2009. [6979992] (Sparer, Alan) [Entered: 07/02/2009 04:43 PM] |
| Filing 6 Received Appellants' notice of designation of reporter's transcript. (EL) [Entered: 04/28/2009 02:24 PM] |
| Filing 5 Filed order MEDIATION (RGA): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. (AF) [Entered: 04/23/2009 03:28 PM] |
| Filing 4 Filed order MEDIATION (VLS): This case is under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Roxane G. Ashe, Circuit Mediator, in writing, by fax at (415) 355-8566, of their clients views on whether:......This communication shall not be served on the opposing party and shall not be filed with the court. The existing briefing schedule remains in effect pending the determination whether the case will be selected for inclusion in the Mediation Program. (AF) [Entered: 04/09/2009 10:24 AM] |
| Filing 3 Filed Appellants Michael B. Eshelman, Lori I. Silcher and Peter F. Silcher Civil Appeals Docketing Statement. Served on 03/25/2009. (GR) [Entered: 04/01/2009 11:07 AM] |
| Filing 2 Filed representation notice of Alan W. Sparer, Marc C. Haber, James S. Nabwangu (GR) [Entered: 04/01/2009 11:04 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: No. The schedule is set as follows: Designation of RT for Appellant Michael B. Eshelman, Lori I. Silcher and Peter F. Silcher due 04/06/2009. Designation of RT for Appellee 3i Group PLC, 3i Technology Partners III, LP, Paul Badawi, Joseph Breeland, Muhammad Ziaullah Chishti, Christopher Kawaja, OrthoClear, Inc., Othoclear Holdings, Inc., Mudassar Rathore, Saiyed Atiq Raza, Peter Riepenhausen, Patricia Humell Seifert, Arthur T. Taylor and Haufeng Charles Wen due 04/15/2009. Transcript order for Appellant Michael B. Eshelman, Appellant Lori I. Silcher and Appellant Peter F. Silcher due 04/27/2009. Transcript due for Court Reporter Sahar McVickar, Court Reporter on 05/26/2009. Certificate of record due 05/04/2009. Appellant Michael B. Eshelman, Appellant Lori I. Silcher and Appellant Peter F. Silcher opening brief due 07/13/2009. Appellee 3i Group PLC, Appellee 3i Technology Partners III, LP, Appellee Paul Badawi, Appellee Joseph Breeland, Appellee Muhammad Ziaullah Chishti, Appellee Christopher Kawaja, Appellee OrthoClear, Inc., Appellee Othoclear Holdings, Inc., Appellee Mudassar Rathore, Appellee Saiyed Atiq Raza, Appellee Peter Riepenhausen, Appellee Patricia Humell Seifert, Appellee Arthur T. Taylor and Appellee Haufeng Charles Wen answering brief due 08/10/2009. Appellant's optional reply brief is due 14 days after service of the answering brief. (GR) [Entered: 04/01/2009 11:00 AM] |
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