Lycurgan, Inc. v. Todd Jones
| LYCURGAN, INC., a California corporation, DBA Ares Armor |
| TODD JONES, in his official official capacity as Director of the Bureau of Alcohol, Tobacco, and Firearms Enforcement |
| 16-55341 |
| March 7, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 41 MANDATE ISSUED.(MDS, NRS and GF) [10469059] (RR) [Entered: 06/12/2017 01:03 PM] |
| Filing 40 FILED MEMORANDUM DISPOSITION (MILAN D. SMITH, JR., N. RANDY SMITH and GARY FEINERMAN) Given these circumstances, we decline to reach the remainder of Lycurgans arguments. In addition, Lycurgans motion to file a late brief is granted, Dkt. No. 36, and its motion to extend the time to file its reply is denied as moot, Dkt. No. 31. Lycurgans two motions for judicial notice are denied. See Dkt. Nos. 15, 37. AFFIRMED; FILED AND ENTERED JUDGMENT. [10402407] (PH) [Entered: 04/19/2017 12:13 PM] |
| Filing 39 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10388478] (DJW) [Entered: 04/07/2017 02:36 PM] |
| Filing 38 ARGUED AND SUBMITTED TO MILAN D. SMITH, JR., N. RANDY SMITH and GARY FEINERMAN. [10386377] (DJW) [Entered: 04/06/2017 12:10 PM] |
| Filing 37 Filed (ECF) Appellant Lycurgan, Inc. Supplemental Motion to take judicial notice of letter of September 8, 2016 Hon. Loretta E. Lynch, Attorney General, to Hon. Paul Ryan, Speaker of the House, transmitted pursuant to 28 U.S.C. section 530D(a). Date of service: 01/31/2017. [10297651] [16-55341] --[COURT UPDATE: Updated docket text to reflect content of filing. 1/31/2017 by TYL] (McMillan, Scott) [Entered: 01/31/2017 04:26 PM] |
| Filing 36 Filed (ECF) Appellant Lycurgan, Inc. Unopposed Motion to file a late brief. Date of service: 01/30/2017. [10291159] [16-55341] (McMillan, Scott) [Entered: 01/30/2017 06:45 PM] |
| Filing 35 Submitted (ECF) Reply Brief for review. Submitted by Appellant Lycurgan, Inc.. Date of service: 01/30/2017. [10291158] [16-55341]--[COURT UPDATE: Attached corrected brief. 02/01/2017 by SLM] (McMillan, Scott) [Entered: 01/30/2017 06:43 PM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Daniel Everett Butcher, Esquire for Appellee Todd Jones. [10288806] [16-55341] (Butcher, Daniel) [Entered: 01/27/2017 04:17 PM] |
| Filing 33 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Scott A. McMillan for Appellant Lycurgan, Inc.. [10279185] [16-55341] (McMillan, Scott) [Entered: 01/25/2017 10:44 AM] |
| Filing 32 Notice of Oral Argument on Thursday, April 6, 2017 - 09:00 A.M. - Courtroom 3 - 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. [10279113] (DJW) [Entered: 01/25/2017 10:21 AM] |
| Filing 31 Filed (ECF) Appellant Lycurgan, Inc. Motion to extend time to file Reply brief until 01/25/2017. Date of service: 01/09/2017. [10259949] [16-55341] (McMillan, Scott) [Entered: 01/09/2017 10:51 PM] |
| Filing 30 Filed (ECF) Appellee Todd Jones Correspondence: Regarding availability for oral argument. Date of service: 12/19/2016 [10239257] [16-55341] (Butcher, Daniel) [Entered: 12/19/2016 05:08 PM] |
| Filing 29 This case is being considered for the April 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.[10237634] (AW) [Entered: 12/16/2016 05:04 PM] |
| Filing 28 Filed clerk order (Deputy Clerk: GS): Granting Motion (Docket Entry No. [ # 27 ] ) (ECF Filing) filed by Appellant Lycurgan, Inc.; Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellant Lycurgan, Inc.. The optional reply brief is due 01/09/2017. [10228665] (GS) [Entered: 12/12/2016 11:10 AM] |
| Filing 27 Filed (ECF) Appellant Lycurgan, Inc. Unopposed Motion to extend time to file Reply brief until 01/09/2017. Date of service: 12/08/2016. [10226066] [16-55341] (McMillan, Scott) [Entered: 12/08/2016 03:50 PM] |
| Filing 26 Filed 4 paper copies of supplemental excerpts of record [ # 23 ] in 1 volume(s) filed by Appellee Todd Jones. [10218399] (KT) [Entered: 12/02/2016 10:12 AM] |
| Filing 25 Received 7 paper copies of Answering Brief [ # 22 ] filed by Todd Jones. [10217627] (SD) [Entered: 12/01/2016 02:53 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 22 ] submitted by Todd Jones 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. The Court has reviewed the supplemental excerpts of record [ # 23 ] submitted by Todd Jones. 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. [10211843] (KT) [Entered: 11/28/2016 01:06 PM] |
| Filing 23 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Todd Jones. Date of service: 11/25/2016. [10210768] [16-55341] (Butcher, Daniel) [Entered: 11/25/2016 01:09 PM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellee Todd Jones. Date of service: 11/25/2016. [10210766] [16-55341] (Butcher, Daniel) [Entered: 11/25/2016 01:05 PM] |
| Filing 21 Streamlined request [20] by Appellee Todd Jones to extend time to file the brief is approved. Amended briefing schedule: Appellee Todd Jones answering brief due 11/25/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [10157319] (TH) [Entered: 10/12/2016 04:16 PM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Todd Jones. New requested due date is 11/25/2016. [10157305] [16-55341] (Butcher, Daniel) [Entered: 10/12/2016 04:12 PM] |
| Filing 19 Received 8 paper copies of Opening Brief [ # 12 ] filed by Lycurgan, Inc.. [10150332] (SD) [Entered: 10/05/2016 02:52 PM] |
| Filing 18 Filed 4 paper copies of excerpts of record [ # 13 ] in 4 volume(s) filed by Appellant Lycurgan, Inc. [10149394] (KT) [Entered: 10/05/2016 10:33 AM] |
| Filing 17 Filed clerk order: The opening brief [ # 12 ] submitted by Lycurgan, 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 CM/ECF. The Court has reviewed the excerpts of record [ # 13 ] submitted by Lycurgan, 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. [10138013] (KT) [Entered: 09/27/2016 07:55 AM] |
| Filing 16 Filed clerk order (Deputy Clerk: GS): The appellants motion (Docket Entry No. [ # 14 ]) to file the opening brief (Docket Entry No. [ # 12 ]) late is granted. The opening brief (Docket Entry No. [ # 12 ]) submitted on September 23, 2016 shall be filed. The answering brief is due October 26, 2016. The optional reply brief is due within 14 days after service of the answering brief. [10136903] (WL) [Entered: 09/26/2016 01:27 PM] |
| Filing 15 Filed (ECF) Appellant Lycurgan, Inc. Motion to take judicial notice of filings in companion case in district court Lycurgan, Inc., etc., v. Jones, U.S.D.C. So. Dist Cal., Case No. 14-cv-0548. Date of service: 09/23/2016. [10134045] [16-55341] (McMillan, Scott) [Entered: 09/23/2016 04:16 AM] |
| Filing 14 Filed (ECF) Appellant Lycurgan, Inc. Motion to file a late brief. Date of service: 09/23/2016. [10134044] [16-55341] (McMillan, Scott) [Entered: 09/23/2016 04:11 AM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellant Lycurgan, Inc.. Date of service: 09/23/2016. [10134043] [16-55341] (McMillan, Scott) [Entered: 09/23/2016 04:09 AM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellant Lycurgan, Inc.. Date of service: 09/23/2016. [10134042] [16-55341] (McMillan, Scott) [Entered: 09/23/2016 04:03 AM] |
| Filing 11 Filed clerk order (Deputy Clerk: GS): Granting Late Motion [ # 10 ] (ECF Filing) motion to extend time to file brief filed by Appellant Lycurgan, Inc. Appellant Lycurgan, Inc. opening brief due 09/20/2016. Appellee Todd Jones answering brief due 10/20/2016. The optional reply brief is due 14 days after service of the answering brief. [10117868] (GS) [Entered: 09/09/2016 10:50 AM] |
| Filing 10 Filed (ECF) Appellant Lycurgan, Inc. Unopposed Motion to extend time to file Opening brief until 09/20/2016. Date of service: 09/07/2016. [10115058] [16-55341] (McMillan, Scott) [Entered: 09/07/2016 01:26 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: GS): The appellant's motion [ # 8 ] to extend time to file appellant opening brief until 09/08/2016 Appellant Lycurgan, Inc. opening brief due 09/08/2016. Appellee Todd Jones answering brief due 10/11/2016 The optional reply brief is due 14 days after service of the answering brief. [10106278] (GS) [Entered: 08/30/2016 11:58 AM] |
| Filing 8 Filed (ECF) Appellant Lycurgan, Inc. Unopposed Motion to extend time to file Opening brief until 09/08/2016, Motion to extend time to file record on appeal until 09/08/2016. Date of service: 08/24/2016. [10099289] [16-55341] (McMillan, Scott) [Entered: 08/24/2016 02:14 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: GS): Granting Second Motion [ # 6 ] (ECF Filing) motion to extend time to file brief filed by Appellant Lycurgan, Inc. Appellant Lycurgan, Inc. opening brief due 08/29/2016. Appellee Todd Jones answering brief due 09/28/2016. The optional reply brief is due 14 days after service of the answering brief. [10046377] (GS) [Entered: 07/11/2016 04:33 PM] |
| Filing 6 Filed (ECF) Appellant Lycurgan, Inc. Unopposed Motion to extend time to file Opening brief until 08/29/2016. Date of service: 07/08/2016. [10043259] [16-55341] (McMillan, Scott) [Entered: 07/08/2016 08:48 AM] |
| Filing 5 Streamlined request [4] by Appellant Lycurgan, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellant Lycurgan, Inc. opening brief due 07/14/2016. Appellee Todd Jones answering brief due 08/15/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [10006118] (TH) [Entered: 06/08/2016 09:11 AM] |
| Filing 4 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Lycurgan, Inc.. New requested due date is 07/14/2016. [10005899] [16-55341] (McMillan, Scott) [Entered: 06/07/2016 06:59 PM] |
| Filing 3 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. [9936328] (BS) [Entered: 04/12/2016 12:51 PM] |
| Filing 2 Filed (ECF) Appellant Lycurgan, Inc. Mediation Questionnaire. Date of service: 03/13/2016. [9899825] [16-55341] (McMillan, Scott) [Entered: 03/13/2016 04:57 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/14/2016. Appellant Lycurgan, Inc. opening brief due 06/14/2016. Appellee Todd Jones answering brief due 07/14/2016. Appellant's optional reply brief is due 14 days after service of the answering brief. [9891220] (RT) [Entered: 03/07/2016 09:35 AM] |
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| Plaintiff / appellant: LYCURGAN, INC., a California corporation, DBA Ares Armor | |
| Represented By: | Scott A. McMillan |
| Represented By: | Michelle D. Volk |
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| Defendant / appellee: TODD JONES, in his official official capacity as Director of the Bureau of Alcohol, Tobacco, and Firearms Enforcement | |
| Represented By: | Daniel Everett Butcher Esquire |
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