In re: Peter Kravitz v. Dov Charney
| In re: AMERICAN APPAREL, INC., 2014 Derivative Shareholder Litigation |
| TAMMY G. FEDERMAN and PETER KRAVITZ, as Trustee for and on behalf of AAI Litigation Trust, |
| DOV CHARNEY, AMERICAN APPAREL, INC., a Delaware corporation, Nominal Defendant, DAVID DANZIGER, ROBERT GREENE, MARVIN IGELMAN, WILLIAM MAUER and ALLAN MAYER |
| 15-56258 |
| August 18, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Stockholder's Suits |
Docket Report
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This docket was last retrieved on September 22, 2017. A more recent docket listing may be available from PACER.
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| Filing 64 MANDATE ISSUED.(KMW, JSB and SYI) [10590322] (JFF) [Entered: 09/22/2017 09:59 AM] |
| Filing 63 FILED MEMORANDUM DISPOSITION (KIM MCLANE WARDLAW, JAY S. BYBEE and SUSAN ILLSTON) AFFIRMED. FILED AND ENTERED JUDGMENT. [10565417] (PH) [Entered: 08/31/2017 10:39 AM] |
| Filing 62 SUBMITTED ON THE BRIEFS TO KIM MCLANE WARDLAW, JAY S. BYBEE and SUSAN ILLSTON. [10562257] (Witt, Dusty) [Entered: 08/29/2017 10:49 AM] |
| Filing 61 Filed clerk order (Deputy Clerk: WL):The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and records and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted without oral argument on August 29, 2017, in Pasadena, California. Fed. R. App. P. 34(a)(2). [10537056] (WL) [Entered: 08/08/2017 12:10 PM] |
| Filing 60 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Kevin Hroblak for - American Apparel, Inc., Appellee American Apparel, Inc. and Appellant Peter Kravitz. [10486937] [15-56258] (Hroblak, Kevin) [Entered: 06/26/2017 06:34 AM] |
| Filing 59 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Seth Alben Aronson for Appellee Dov Charney. [10483665] [15-56258] (Aronson, Seth) [Entered: 06/22/2017 08:03 AM] |
| Filing 58 Notice of Oral Argument on Tuesday, August 29, 2017 - 09:30 A.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). 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. [10480709] (Witt, Dusty) [Entered: 06/20/2017 11:24 AM] |
| Filing 57 Terminated Peter B. Morrison for American Apparel, Inc. in 15-56258, Douglas Allen Smith for American Apparel, Inc. in 15-56258 [10463563] (JFF) [Entered: 06/07/2017 02:46 PM] |
| Filing 56 Filed (ECF) Appellee American Apparel, Inc. Correspondence: Notice of Withdrawal of Counsel/Removal from Docket. Date of service: 06/07/2017 [10463107] [15-56258] (Morrison, Peter) [Entered: 06/07/2017 12:31 PM] |
| Filing 55 Terminated Joel E. Elkins for Peter Kravitz in 15-56258 (Due to incorrect ECF account information). [10434735] (SLM) [Entered: 05/15/2017 02:39 PM] |
| Filing 54 This case is being considered for the September 2017 Pasadena oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10434536] (AW) [Entered: 05/15/2017 02:01 PM] |
| Filing 53 Filed (ECF) Appellees David Danziger, Robert Greene, Marvin Igelman, William Mauer and Allan Mayer Correspondence: Oral argument is being considered for August 7-11, 2017 and counsel for Appellees-Defendants is unavailable for oral argument on Monday, August 7, 2017 and the morning of Tuesday, August 8, 2017.. Date of service: 04/24/2017 [10408735] [15-56258] (Stigi, John) [Entered: 04/24/2017 03:15 PM] |
| Filing 52 This case is being considered for the August 2017 Pasadena oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10407708] (AW) [Entered: 04/24/2017 10:31 AM] |
| Filing 51 Received 7 paper copies of Reply Brief [ # 46 ] filed by Peter Kravitz. [10390021] (DB) [Entered: 04/10/2017 12:46 PM] |
| Filing 50 Added attorney Scott Gautier for Peter Kravitz, in case 15-56258. [10389322] (JFF) [Entered: 04/10/2017 08:54 AM] |
| Filing 49 Added attorney Todd M. Brooks for Peter Kravitz American Apparel, Inc. [10389318] (JFF) [Entered: 04/10/2017 08:51 AM] |
| Filing 48 Added attorney Kevin Hroblak for Peter Kravitz American Apparel, Inc., in case 15-56258. [10389313] (JFF) [Entered: 04/10/2017 08:49 AM] |
| Filing 47 Filed clerk order: The reply brief [ # 46 ] submitted by Peter Kravitz 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 CM/ECF. [10387805] (SML) [Entered: 04/07/2017 10:37 AM] |
| Filing 46 Submitted (ECF) Reply Brief for review. Submitted by Appellant Peter Kravitz. Date of service: 04/07/2017. [10387517] [15-56258]--[COURT UPDATE: Updated docket text to reflect correct party filer. 04/07/2017 by SLM] (Hroblak, Kevin) [Entered: 04/07/2017 08:19 AM] |
| Filing 45 Received 7 paper copies of Answering Brief [ # 40 ] filed by David Danziger, Robert Greene, Marvin Igelman, William Mauer and Allan Mayer. [10377442] (RG) [Entered: 03/30/2017 11:59 AM] |
| Filing 44 Received 7 paper copies of Answering Brief [ # 41 ] filed by Dov Charney. [10375575] (RG) [Entered: 03/29/2017 08:51 AM] |
| Filing 43 Filed clerk order: The answering brief [ # 41 ] submitted by Dov Charney 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 CM/ECF. [10372252] (SML) [Entered: 03/27/2017 11:11 AM] |
| Filing 42 Filed clerk order: The answering brief [ # 40 ] submitted by David Danziger; et al., 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 CM/ECF. [10372248] (SML) [Entered: 03/27/2017 11:10 AM] |
| Filing 41 Submitted (ECF) Answering Brief for review. Submitted by Appellee Dov Charney. Date of service: 03/24/2017. [10371587] [15-56258] (Aronson, Seth) [Entered: 03/24/2017 06:52 PM] |
| Filing 40 Submitted (ECF) Answering Brief for review. Submitted by Appellees Allan Mayer, David Danziger, Robert Greene, Marvin Igelman and William Mauer. Date of service: 03/24/2017. [10371403] [15-56258] (Stigi, John) [Entered: 03/24/2017 04:34 PM] |
| Filing 39 Streamlined request [38] by Appellee Dov Charney to extend time to file the brief is approved. Amended briefing schedule: Appellee Dov Charney answering brief due 03/24/2017. The optional reply brief is due 14 days from the date of service of the answering brief. [10306593] (DLM) [Entered: 02/08/2017 07:53 AM] |
| Filing 38 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Dov Charney. New requested due date is 03/24/2017. [10306488] [15-56258] (Aronson, Seth) [Entered: 02/07/2017 05:40 PM] |
| Filing 37 Streamlined request [36] by Appellees David Danziger, Robert Greene, Marvin Igelman, William Mauer and Allan Mayer to extend time to file the brief is approved. Amended briefing schedule: Appellees David Danziger, Robert Greene, Marvin Igelman, William Mauer and Allan Mayer answering brief due 03/24/2017. The optional reply brief is due 14 days from the date of service of the answering brief. [10306386] (DLM) [Entered: 02/07/2017 04:20 PM] |
| Filing 36 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Allan Mayer, William Mauer, Marvin Igelman, Robert Greene and David Danziger. New requested due date is 03/24/2017. [10306316] [15-56258] (Stigi, John) [Entered: 02/07/2017 03:58 PM] |
| Filing 35 Filed 4 paper copies of excerpts of record [ # 32 ] in 2 volume(s) filed by Appellant Peter Kravitz. [10288450] (ANL) [Entered: 01/27/2017 03:14 PM] |
| Filing 34 Received 7 paper copies of Opening Brief [ # 31 ] filed by Peter Kravitz. [10281300] (RG) [Entered: 01/26/2017 12:45 PM] |
| Filing 33 Filed clerk order: The opening brief [ # 31 ] submitted by Peter Kravitz 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 CM/ECF. The Court has reviewed the excerpts of record [ # 32 ] submitted by Peter Kravitz. 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. [10278480] (ANL) [Entered: 01/24/2017 04:33 PM] |
| Filing 32 Submitted (ECF) excerpts of record. Submitted by Appellant Peter Kravitz. Date of service: 01/23/2017. [10275435] [15-56258] (Hroblak, Kevin) [Entered: 01/23/2017 12:07 PM] |
| Filing 31 Submitted (ECF) Opening Brief for review. Submitted by Appellant Peter Kravitz. Date of service: 01/23/2017. [10275428] [15-56258] (Hroblak, Kevin) [Entered: 01/23/2017 12:05 PM] |
| Filing 30 Appellant Tammy G. Federman in 15-56258 substituted by Appellant Peter Kravitz in 15-56258 [10238778] (OC) [Entered: 12/19/2016 02:22 PM] |
| Filing 29 Filed clerk order (Deputy Clerk: AMT): The unopposed motion (Docket Entry No. [ # 17 ]) of Peter Kravitz, as Trustee of AAI Litigation Trust (the Litigation Trustee) to substitute party-appellant is granted. The clerk shall change the docket to reflect Peter Kravitz, as the trustee for and on behalf of AAI Litigation Trust, as the appellant and shall remove Tammy G. Federman. The Litigation Trustees unopposed motion (Docket Entry No. [ # 17 ]) to set a briefing schedule is granted. The stay of proceedings is lifted. The amended briefing schedule is as follows: the opening brief is due January 23, 2017; the answering brief is due February 22, 2017; and the optional reply brief is due within 14 days after service of the answering brief. [10238763] (OC) [Entered: 12/19/2016 02:18 PM] |
| Filing 28 Filed (ECF) Appellee Dov Charney response non-opposing motion to substitute party and to establish a schedule for briefing on the merits. Date of service: 12/15/2016 [10234967] [15-56258]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/15/2016 by SLM] (Aronson, Seth) [Entered: 12/15/2016 12:45 PM] |
| Filing 27 Attorney Leigh Anne Parker in 15-56258 substituted by Attorney Joel E. Elkins in 15-56258 [10224243] (JFF) [Entered: 12/07/2016 03:20 PM] |
| Filing 26 Filed (ECF) notice of appearance of Joel E. Elkins for Appellant Tammy G. Federman. Date of service: 12/07/2016. [10224131] [15-56258] (Elkins, Joel) [Entered: 12/07/2016 02:49 PM] |
| Filing 25 Added attorney Kevin Hroblak, Todd M. Brooks for American Apparel, Inc., in case 15-56258. [10220823] (JFF) [Entered: 12/05/2016 03:36 PM] |
| Filing 24 Added attorney Scott Gautier for American Apparel, Inc., in case 15-56258. [10220778] (JFF) [Entered: 12/05/2016 03:24 PM] |
| Filing 23 Filed (ECF) notice of appearance of Scott F. Gautier for - American Apparel, Inc.. Date of service: 12/05/2016. [10220304] [15-56258] (Gautier, Scott) [Entered: 12/05/2016 12:48 PM] |
| Filing 22 Filed (ECF) notice of appearance of Todd Michael Brooks for - American Apparel, Inc.. Date of service: 12/05/2016. [10219626] [15-56258] (Brooks, Todd) [Entered: 12/05/2016 04:21 AM] |
| Filing 21 Filed (ECF) notice of appearance of Kevin Gerald Hroblak for - American Apparel, Inc.. Date of service: 12/05/2016. [10219625] [15-56258] (Hroblak, Kevin) [Entered: 12/05/2016 04:17 AM] |
| Filing 20 Filed (ECF) Appellant Tammy G. Federman status report (as required by Court order dated 08/03/2016). Date of service: 12/01/2016 [10217732] [15-56258] (Elkins, Joel) [Entered: 12/01/2016 03:22 PM] |
| Filing 19 Added attorney Joel E. Elkins for Tammy G. Federman, in case 15-56258. [10217721] (JFF) [Entered: 12/01/2016 03:18 PM] |
| Filing 18 Filed (ECF) notice of appearance of Joel E. Elkins for Appellant Tammy G. Federman. Date of service: 12/01/2016. [10217632] [15-56258] (Elkins, Joel) [Entered: 12/01/2016 02:54 PM] |
| Filing 17 Filed (ECF) - American Apparel, Inc. Motion to substitute party. Date of service: 11/30/2016. [10216145] [15-56258] (Shemano, David) [Entered: 11/30/2016 03:34 PM] |
| Filing 16 Added attorney David Shemano for American Apparel, Inc., in case 15-56258. [10216113] (JFF) [Entered: 11/30/2016 03:27 PM] |
| Filing 15 Filed (ECF) notice of appearance of David B. Shemano for - American Apparel, Inc.. Date of service: 11/30/2016. [10215821] [15-56258] (Shemano, David) [Entered: 11/30/2016 02:21 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: AMT): The correspondence (Docket entry # [ # 13 ]) dated August 1, 2016 is construed as a motion to stay of proceedings. This appeal is stayed until December 1, 2016. See 11 U.S.C. 362. On or prior to the expiration of the stay, the appellant shall file a status report. [10074801] (OC) [Entered: 08/03/2016 04:08 PM] |
| Filing 13 Filed (ECF) Appellant Tammy G. Federman Correspondence: Case status report as directed by the Court's Order entered March 1, 2016. Date of service: 08/01/2016 [10071050] [15-56258] (Parker, Leigh) [Entered: 08/01/2016 02:29 PM] |
| Filing 12 Filed clerk order (Deputy Clerk: AMT): The correspondence dated February 26, 2016 is construed as a motion to stay of proceedings. This appeal is stayed until August 1, 2016. See 11 U.S.C. 362. On or prior to the expiration of the stay, the appellant shall file a status report. [9884007] (OC) [Entered: 03/01/2016 10:15 AM] |
| Filing 11 Filed (ECF) Appellant Tammy G. Federman Correspondence: To inform the Court of recent developments affecting the prosecution of this appeal resulting from a plan of reorganization entered in the bankruptcy proceeding of nominal defendant American Apparel, Inc.. Date of service: 02/26/2016 [9881360] [15-56258] (Parker, Leigh) [Entered: 02/26/2016 05:48 PM] |
| Filing 10 Streamlined request [9] by Appellant Tammy G. Federman to extend time to file the brief is approved. Amended briefing schedule: Appellant Tammy G. Federman opening brief due 02/16/2016. Appellees American Apparel, Inc., Dov Charney, David Danziger, Robert Greene, Marvin Igelman, William Mauer and Allan Mayer answering brief due 03/17/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [9830543] (LKK) [Entered: 01/19/2016 10:31 AM] |
| Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Tammy G. Federman. New requested due date is 02/26/2016. [9830512] [15-56258] (Parker, Leigh) [Entered: 01/19/2016 10:23 AM] |
| Filing 8 Attorneys Eric N. Landau, Kevin Hugh Logan substituted by Attorneys John P. Stigi II [9729165] (JFF) [Entered: 10/22/2015 03:13 PM] |
| Filing 7 Filed (ECF) notice of appearance of John P. Stigi III for Appellees Allan Mayer, David Danziger, Robert Greene, Marvin Igelman and William Mauer. Date of service: 10/22/2015. [9729058] [15-56258] (Stigi, John) [Entered: 10/22/2015 02:45 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: GS): The court is in receipt of the motion of appellees Allan Mayer, David Danziger, Robert Greene, Marvin Igelman, and William Mauer to substitute counsel John P. Stigi, III of Sheppard Mullin Richter & Hampton LLP in place of current counsel. Within 7 days after the date of this order, counsel John P. Stigi, III of Sheppard Mullin Richter & Hampton LLP shall file a notice of appearance. Current counsel for appellees Allan Mayer, David Danziger, Robert Greene, Marvin Igelman, and William Mauer shall remain as counsel until counsel John P. Stigi, III files a notice of appearance. The current briefing schedule shall remain in effect. A copy of this order shall be provided to counsel John P. Stigi, III at: John P. Stigi, III Sheppard Mullin Richter & Hampton LLP 1901 Avenue of the Stars, Suite 1600 Los Angeles, CA 90067 [9718980] (WL) [Entered: 10/15/2015 09:20 AM] |
| Filing 5 Filed (ECF) Appellees David Danziger, Robert Greene, William Mauer, Allan Mayer and Marvin Igelman Motion to substitute counsel. Date of service: 10/08/2015. [9713005] [15-56258] (Biffar, Travis) [Entered: 10/08/2015 05:37 PM] |
| Filing 4 Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9666834] (VS) [Entered: 08/31/2015 04:14 PM] |
| Filing 3 Filed (ECF) Appellant Tammy G. Federman Mediation Questionnaire. Date of service: 08/25/2015. [9660465] [15-56258] (Parker, Leigh) [Entered: 08/25/2015 04:21 PM] |
| Filing 2 Filed representation statement. Served on 08/17/2015. [9650640] (FB) [Entered: 08/18/2015 10:47 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/25/2015. Transcript ordered by 09/16/2015. Transcript due 12/15/2015. Appellant Tammy G. Federman opening brief due 01/25/2016. Appellees American Apparel, Inc., Dov Charney, David Danziger, Robert Greene, Marvin Igelman, William Mauer and Allan Mayer answering brief due 02/24/2016. Appellant's optional reply brief is due 14 days after service of the answering brief. [9650636] (FB) [Entered: 08/18/2015 10:46 AM] |
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