Kohn Law Group v. Auto Parts Manufacturing MS
| AUTO PARTS MANUFACTURING MISSISSIPPI, INC., a Mississippi corporation |
| KOHN LAW GROUP, INC., a California corporation |
| 13-55023 |
| January 4, 2013 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Docket Report
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| Filing 45 MANDATE ISSUED.(MJM, JSB and SSI) Costs taxed against Appellant in the amount of $55.80. [9590951] (Walker, Synitha) [Entered: 06/29/2015 08:40 AM] |
| Filing 44 Filed (ECF) Appellee Auto Parts Manufacturing Mississippi, Inc. bill of costs (Form 10) in the amount of $55.80 USD. Date of service: 06/05/2015 [9563081] [13-55023] (Matthias, Michael) [Entered: 06/05/2015 10:55 AM] |
| Filing 43 FILED OPINION (MICHAEL J. MELLOY, JAY S. BYBEE and SANDRA S. IKUTA) we note that the parties have filed motions: to supplement the record; to file supplemental briefs; and for the Court to take judicial notice of developments in the proceedings in the Mississippi state court, the Northern District of Mississippi, and the Fifth Circuit. These motions are denied. It is rarely appropriate for an appellate court to take judicial notice of facts that were not before the district court. Flick v. Liberty Mut. Fire Ins. Co., 205 F.3d 386, 392 n.7 (9th Cir. 2000). Neither party has demonstrated extraordinary circumstances required to supplement the record on appeal. See Lowry v. Barnhart, 329 F.3d 1019, 1024 (9th Cir. 2003); AFFIRMED. Judge: MJM Authoring. FILED AND ENTERED JUDGMENT. [9561313] (MM) [Entered: 06/04/2015 09:37 AM] |
| Filing 42 Filed (ECF) Appellant Kohn Law Group, Inc. Correspondence: to withdraw that portion of the Motion of Oct. 15, 2013 which had moved to strike the Supplemental Excerpts of Record (or "SER").. Date of service: 02/06/2015 [9412973] [13-55023] (Kohn, Robert) [Entered: 02/06/2015 03:26 PM] |
| Filing 41 ARGUED AND SUBMITTED TO MICHAEL J. MELLOY, JAY S. BYBEE and SANDRA S. IKUTA. [9412005] (FB) [Entered: 02/06/2015 10:47 AM] |
| Filing 40 Filed (ECF) Appellant Kohn Law Group, Inc. Motion to take judicial notice of additional proceedings in the Mississippi interpleader case, Motion to file supplemental brief. Date of service: 01/07/2015. [9374595] [13-55023] (Kohn, Robert) [Entered: 01/07/2015 04:51 PM] |
| Filing 39 Terminated Gabriel E. Drucker for Auto Parts Manufacturing Mississippi, Inc. in 13-55023 [9364208] (RR) [Entered: 12/29/2014 02:56 PM] |
| Filing 38 Filed (ECF) Appellee Auto Parts Manufacturing Mississippi, Inc. Motion for miscellaneous relief [Motion to Remove Attorney From Service List]. Date of service: 12/29/2014. [9364126] [13-55023] (Matthias, Michael) [Entered: 12/29/2014 02:39 PM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Robert E. Kohn, Esquire for Appellant Kohn Law Group, Inc.. [9349141] [13-55023] (Kohn, Robert) [Entered: 12/15/2014 11:18 AM] |
| Filing 36 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Michael Roland Matthias for Appellee Auto Parts Manufacturing Mississippi, Inc.. [9348001] [13-55023] (Matthias, Michael) [Entered: 12/12/2014 03:15 PM] |
| Filing 35 REVISED: Notice of Oral Argument on Friday, February 6, 2015 - 09:00 A.M. - Courtroom 3 - Pasadena, CA. **NOTE: Coutroom changed.** View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9344627] (GEV) [Entered: 12/10/2014 03:44 PM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Michael Roland Matthias for Appellee Auto Parts Manufacturing Mississippi, Inc.. [9328677] [13-55023] (Matthias, Michael) [Entered: 11/26/2014 02:51 PM] |
| Filing 33 Notice of Oral Argument on Friday, February 6, 2015 - 09:00 A.M. - Courtroom 2 - Pasadena, CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9324328] (LN) [Entered: 11/24/2014 12:22 PM] |
| Filing 32 Filed (ECF) Appellant Kohn Law Group, Inc. citation of supplemental authorities. Date of service: 11/19/0214. [9319553] [13-55023] (Kohn, Robert) [Entered: 11/19/2014 04:04 PM] |
| Filing 31 Received 7 paper copies of Reply brief [ # 28 ] filed by Kohn Law Group, Inc.. [8886561] (SD) [Entered: 12/03/2013 02:24 PM] |
| Filing 30 Filed clerk order: The reply brief [ # 28 ] submitted by Kohn Law Group, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8883122] (WWP) [Entered: 12/02/2013 07:47 AM] |
| Filing 29 Filed (ECF) Appellant Kohn Law Group, Inc. Motion to take judicial notice of filings made in the Mississippi interpleader action, after the Stay Order of Dec. 11, 2012 (CONDITIONAL MOTION). Date of service: 11/27/2013. [8882213] (Kohn, Robert) [Entered: 11/27/2013 05:17 PM] |
| Filing 28 Submitted (ECF) Reply Brief for review. Submitted by Appellant Kohn Law Group, Inc.. Date of service: 11/27/2013. [8882207] (Kohn, Robert) [Entered: 11/27/2013 05:12 PM] |
| Filing 27 Filed (ECF) Appellee Auto Parts Manufacturing Mississippi, Inc. response opposing motion (motion to strike portion or whole of document). Date of service: 10/25/2013. [8837923] (Matthias, Michael) [Entered: 10/25/2013 03:55 PM] |
| Filing 26 Filed clerk order (Deputy Clerk: GSS): The appellants motion to strike, and any related filings, is referred to the panel assigned to decide the merits of the appeal. The reply brief remains due November 27, 2013. [8826790] (AF) [Entered: 10/18/2013 10:27 AM] |
| Filing 25 Filed Appellee Auto Parts Manufacturing Mississippi, Inc. paper copies of excerpts of record [ # 18 ] in 1 volume. [8826769] (WWP) [Entered: 10/18/2013 10:20 AM] |
| Filing 24 Received 7 paper copies of Answering brief [ # 18 ] filed by Auto Parts Manufacturing Mississippi, Inc.. [8826188] (DB) [Entered: 10/17/2013 04:35 PM] |
| Filing 23 Streamlined request [22] by Appellant Kohn Law Group, Inc. to extend time to file the brief is approved. Amended briefing schedule: optional reply brief due 11/27/13. [8822647] (LW) [Entered: 10/16/2013 09:51 AM] |
| Filing 22 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Kohn Law Group, Inc.. New requested due date is 11/27/2013. [8822266] (Kohn, Robert) [Entered: 10/15/2013 05:20 PM] |
| Filing 21 Filed clerk order: The answering brief [ # 18 ] submitted by Auto Parts Manufacturing Mississippi, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 18 ] submitted by Auto Parts Manufacturing Mississippi, Inc.. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8821457] (WWP) [Entered: 10/15/2013 02:00 PM] |
| Filing 20 Filed (ECF) Appellant Kohn Law Group, Inc. Motion to strike whole of DEFENDANT APPELLEES MOTION FOR JUDICIAL NOTICE; and DEFENDANT-APPELLEES ANSWERING BRIEF; and SUPPLEMENTAL EXCERPTS OF RECORD and Response opposing motion (,motion to take judicial notice). Date of service: 10/15/2013. [8821270] (Kohn, Robert) [Entered: 10/15/2013 12:42 PM] |
| Filing 19 Filed (ECF) Appellee Auto Parts Manufacturing Mississippi, Inc. Motion to take judicial notice of. Date of service: 10/11/2013. [8819477] (Matthias, Michael) [Entered: 10/11/2013 03:35 PM] |
| Filing 18 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee Auto Parts Manufacturing Mississippi, Inc.. Date of service: 10/11/2013. [8819459] (Matthias, Michael) [Entered: 10/11/2013 03:31 PM] |
| Filing 17 Streamlined request [16] by Appellee Auto Parts Manufacturing Mississippi, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellee Auto Parts Manufacturing Mississippi, Inc. answering brief due 10/11/2013. The optional reply brief is due 14 days from the date of service of the answering brief. [8768980] (LW) [Entered: 09/04/2013 05:54 PM] |
| Filing 16 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Auto Parts Manufacturing Mississippi, Inc.. New requested due date is 10/11/2013 at 10:00 am. [8767967] (Matthias, Michael) [Entered: 09/04/2013 01:13 PM] |
| Filing 15 Filed Appellant Kohn Law Group, Inc. paper copies of excerpts of record [ # 12 ] in 2 volume(s). [8750514] (WWP) [Entered: 08/21/2013 08:48 AM] |
| Filing 14 Received 7 paper copies of Opening brief [ # 12 ] filed by Kohn Law Group, Inc.. [8749869] (SD) [Entered: 08/20/2013 02:47 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 12 ] submitted by Kohn Law Group, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 12 ] submitted by Kohn Law Group, Inc.. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8742595] (WWP) [Entered: 08/14/2013 11:34 AM] |
| Filing 12 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Kohn Law Group, Inc.. Date of service: 08/12/2013. [8739462]--[COURT UPDATE: Attached corrected brief. Resent NDA. 08/14/2013 by RY] (Kohn, Robert) [Entered: 08/12/2013 12:55 PM] |
| Filing 11 Streamlined request by Appellant Kohn Law Group, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellant Kohn Law Group, Inc. opening brief due 08/12/2013. Appellee Auto Parts Manufacturing Mississippi, Inc. answering brief due 09/11/2013. The optional reply brief is due 14 days from the date of service of the answering brief. [8701140] (LW) [Entered: 07/12/2013 10:11 AM] |
| Filing 10 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Kohn Law Group, Inc.. New requested due date is 08/12/2013. [8700789] (Kohn, Robert) [Entered: 07/11/2013 09:46 PM] |
| Filing 9 Filed order MEDIATION (MAC): On May 6, 2013, a telephone conference was held with Circuit Mediator Margaret A. Corrigan. Robert E. Kohn, Esq. participated on behalf of appellant; Michael R. Matthias, Esq. participated on behalf of appellee. The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeal is pending. [8618638] (BJB) [Entered: 05/07/2013 09:08 AM] |
| Filing 8 Filed order MEDIATION (BS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on May 6, 2013, at 10:30 a.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. The Circuit Mediator will initiate the conference call by contacting each person on the attached list of participants at the telephone number listed. Please be available for the call at least five minutes before the scheduled time. [8597340] (WL) [Entered: 04/22/2013 07:27 AM] |
| Filing 7 Filed order (Appellate Commissioner): The court has received and reviewed the response to the courts January 11, 2013 order to show cause. The order to show cause is discharged. The following briefing schedule shall govern this appeal. Appellant shall designate the reporters transcripts by February 28, 2013. The transcript is due May 30, 2012. Appellants opening brief and excerpts of record are due July 12, 2013; appellees answering brief is due August 12, 2013; and the optional reply brief is due within 14 days after service of the answering brief. (MOATT) [8516687] (BJB) [Entered: 02/15/2013 03:42 PM] |
| Filing 6 Filed (ECF) Appellant Kohn Law Group, Inc. corporate disclosure statement. Date of service: 01/26/2013. [8489625] (Kohn, Robert) [Entered: 01/26/2013 03:34 PM] |
| Filing 5 Filed (ECF) Appellant Kohn Law Group, Inc. response to order to show cause dated 01/11/2013. Date of service: 01/26/2013. [8489624] (Kohn, Robert) [Entered: 01/26/2013 03:08 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: KS): A review of the record suggests that this court may lack jurisdiction over the appeal because the district courts December 11, 2012 order is not a final, appealable order. See 28 U.S.C. 1291. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [8471806] (AF) [Entered: 01/11/2013 05:21 PM] |
| Filing 3 Filed (ECF) Appellant Kohn Law Group, Inc. Mediation Questionnaire. Date of service: 01/08/2013. [8466490] (Kohn, Robert) [Entered: 01/08/2013 04:32 PM] |
| Filing 2 Filed representation statement. Served on 01/03/2013. [8461207] (FB) [Entered: 01/04/2013 10:00 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/11/2013. Transcript ordered by 02/04/2013. Transcript due 05/06/2013. Appellant Kohn Law Group, Inc. opening brief due 06/17/2013. Appellee Auto Parts Manufacturing Mississippi, Inc. answering brief due 07/17/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8461201] (FB) [Entered: 01/04/2013 09:56 AM] |
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| Defendant / appellee: AUTO PARTS MANUFACTURING MISSISSIPPI, INC., a Mississippi corporation | |
| Represented By: | Michael Roland Matthias |
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| Plaintiff / appellant: KOHN LAW GROUP, INC., a California corporation | |
| Represented By: | Robert E. Kohn Esquire |
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