2Die4Kourt, et al v. Hillair Capital Mgmt., LLC, et al
| 2DIE4KOURT, a California corporation, KIMSAPRINCESS, INC., a California corporation, KHLOMONEY, INC., a California corporation, KOURTNEY KARDASHIAN, an individual, KIM KARDASHIAN WEST, an individual and KHLOE KARDASHIAN, an individual |
| HILLAIR CAPITAL MANAGEMENT, LLC, a Delaware Limited Liability Company, HILLAIR CAPITAL INVESTMENTS, LP, a Cayman Islands Limited Partnership, HAVEN BEAUTY, INC., a Delaware corporation, NEAL KAUFMAN, an individual, SEAN MCAVOY, an individual and DOES, 1 through 10, inclusive |
| 16-56217 |
| August 25, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
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| Document Text |
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| Filing 38 MANDATE ISSUED.(JCW, MBC and PJW) [10478112] (CW) [Entered: 06/19/2017 09:49 AM] |
| Filing 37 FILED MEMORANDUM DISPOSITION (J. CLIFFORD WALLACE, MORGAN B. CHRISTEN and PAUL J. WATFORD) AFFIRMED. FILED AND ENTERED JUDGMENT. [10450202] (PH) [Entered: 05/26/2017 11:35 AM] |
| Filing 36 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/ [10431023] (BG) [Entered: 05/11/2017 12:08 PM] |
| Filing 35 ARGUED AND SUBMITTED TO J. CLIFFORD WALLACE, MORGAN B. CHRISTEN and PAUL J. WATFORD. [10429184] (BG) [Entered: 05/10/2017 12:00 PM] |
| Filing 34 Filed clerk order (Deputy Clerk: AF): Plaintiffs-Appellees move for judicial notice of six documents filed in a related case between the parties, Haven Beauty, Inc. v. Kim Kardashian, et al., Central District Case No. CV 16-01307 JVS. The motion (Dkt. No. [ # 21 ]) is GRANTED. See Fed. R. Evid. 201. [10401720] (AF) [Entered: 04/19/2017 08:39 AM] |
| Filing 33 Added attorney Peter M. Shimamoto for Hillair Capital Management, LLC Haven Beauty, Inc. Hillair Capital Investments, LP, in case 16-56217. [10352625] (Walker, Synitha) [Entered: 03/10/2017 04:19 PM] |
| Filing 32 Filed (ECF) notice of appearance of Peter Michael Shimamoto for Appellants Haven Beauty, Inc., Hillair Capital Investments, LP and Hillair Capital Management, LLC. Date of service: 03/10/2017. [10352556] [16-56217] (Shimamoto, Peter) [Entered: 03/10/2017 03:51 PM] |
| Filing 31 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Gregory Fayer for Appellants Haven Beauty, Inc., Hillair Capital Investments, LP, Hillair Capital Management, LLC, Neal Kaufman and Sean McAvoy. [10350605] [16-56217] (Fayer, Gregory) [Entered: 03/09/2017 02:59 PM] |
| Filing 30 Filed (ECF) notice of appearance of Peter Michael Shimamoto for Appellants Haven Beauty, Inc., Hillair Capital Investments, LP and Hillair Capital Management, LLC. Date of service: 03/08/2017. [10348228] [16-56217] (Fayer, Gregory) [Entered: 03/08/2017 11:31 AM] |
| Filing 29 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena (125 South Grand Avenue, Pasadena, CA 91105). Filed by Attorney Michael Joseph Kump for Appellees 2Die4Kourt, Kim Kardashian West, Khloe Kardashian, Kourtney Kardashian, Khlomoney, Inc. and Kimsaprincess, Inc.. [10347043] [16-56217] (Kump, Michael) [Entered: 03/07/2017 02:51 PM] |
| Filing 28 Notice of Oral Argument on Wednesday, May 10, 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. [10336599] (Witt, Dusty) [Entered: 02/28/2017 01:50 PM] |
| Filing 27 This case is being considered for the May 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.[10282722] (AW) [Entered: 01/27/2017 10:14 AM] |
| Filing 26 Received 7 paper copies of Reply Brief [ # 24 ] filed by Haven Beauty, Inc., et al. [10242760] (SD) [Entered: 12/21/2016 04:16 PM] |
| Filing 25 Filed clerk order: The reply brief [ # 24 ] submitted by Haven Beauty, Inc., 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: 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. [10242508] (ANL) [Entered: 12/21/2016 03:05 PM] |
| Filing 24 Submitted (ECF) Reply Brief for review. Submitted by Appellants Hillair Capital Management, LLC, Hillair Capital Investments, LP, Haven Beauty, Inc., Sean McAvoy and Neal Kaufman. Date of service: 12/19/2016. [10239365] [16-56217] (Fayer, Gregory) [Entered: 12/19/2016 10:30 PM] |
| Filing 23 Received 7 paper copies of Answering Brief [ # 20 ] filed by 2Die4Kourt, et al. [10225691] (SD) [Entered: 12/08/2016 01:46 PM] |
| Filing 22 Filed clerk order: The answering brief [ # 20 ] submitted by 2Die4Kourt, 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. [10222358] (ANL) [Entered: 12/06/2016 02:38 PM] |
| Filing 21 Filed (ECF) Appellees 2Die4Kourt, Kim Kardashian West, Khloe Kardashian, Kourtney Kardashian, Khlomoney, Inc. and Kimsaprincess, Inc. Motion to take judicial notice of Documents specified in motion in connection with Appellees' Answering Brief filed contemporaneously herewith. Date of service: 12/05/2016. [10220557] [16-56217] (Kump, Michael) [Entered: 12/05/2016 02:26 PM] |
| Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellees 2Die4Kourt, Kim Kardashian West, Khloe Kardashian, Kourtney Kardashian, Khlomoney, Inc. and Kimsaprincess, Inc.. Date of service: 12/05/2016. [10220531] [16-56217] (Kump, Michael) [Entered: 12/05/2016 02:18 PM] |
| Filing 19 Filed 4 paper copies of excerpts of record [ # 16 ] in 7 volumes filed by Appellants Haven Beauty, Inc., et al. [10196261] (ANL) [Entered: 11/14/2016 04:56 PM] |
| Filing 18 Received 7 paper copies of Opening Brief [ # 15 ] filed by Haven Beauty, Inc., et al. [10194642] (SD) [Entered: 11/14/2016 08:59 AM] |
| Filing 17 Filed clerk order: The opening brief [ # 15 ] submitted by Haven Beauty, Inc., 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: 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 [ # 16 ] submitted by Haven Beauty, Inc., et al. 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. [10192129] (ANL) [Entered: 11/09/2016 02:48 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants Hillair Capital Management, LLC, Hillair Capital Investments, LP, Haven Beauty, Inc., Sean McAvoy and Neal Kaufman. Date of service: 11/07/2016. [10189547] [16-56217] (Fayer, Gregory) [Entered: 11/07/2016 11:43 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants Hillair Capital Management, LLC, Hillair Capital Investments, LP, Haven Beauty, Inc., Sean McAvoy and Neal Kaufman. Date of service: 11/07/2016. [10189544] [16-56217] (Fayer, Gregory) [Entered: 11/07/2016 11:15 PM] |
| Filing 14 Filed order MEDIATION (MAC): This case is released from the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. The briefing schedule is revised as follows: appellants shall file an opening brief on or before November 7, 2016; appellees shall file an answering brief on or before December 5, 2016; appellants may file an optional reply brief on or before December 19, 2016. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [10154979] (Trierweiler, Nicole) [Entered: 10/11/2016 12:02 PM] |
| Filing 13 Filed order MEDIATION (MAC): An in-person mediation conference is scheduled for Monday, October 3, 2016, beginning at 10:00 a.m., at the Richard H. Chambers United States Court of Appeals Building, 125 South Grand Avenue, Pasadena, California [contact: 626-229-7250]. Participants should gather in the Mural Room on the first floor....The court will initiate a further conference with appellants counsel only on Friday, September 30, 2016, at 2:30 p.m. Pacific Time. The court will initiate a further conference with appellees counsel only on Friday, September 30, 2016, at 3:30 p.m. Pacific Time. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further discussions prior to the scheduled mediation session. (SEE ORDER FOR FULL TEXT) [10135014] (AF) [Entered: 09/23/2016 01:29 PM] |
| Filing 12 Filed order MEDIATION (MAC): The briefing schedule is revised as follows: appellants shall file an opening brief on or before October 21, 2016; appellees shall file an answering brief on or before November 18, 2016; appellants may file an optional reply brief within fourteen (14) days from the service date of the answering brief. [10130711] (AF) [Entered: 09/21/2016 09:07 AM] |
| Filing 10 Filed order (KIM MCLANE WARDLAW and CONSUELO M. CALLAHAN) The motions (Docket Entry Nos. [ # 3 ], [ # 7 ]) to file oversized papers are granted. The oversized motion and response have been filed. Appellants motion to stay (Docket Entry No. [ # 3 ]) pending the preliminary injunction appeal is denied. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008). The briefing schedule established previously remains in effect. [10112610] (WL) [Entered: 09/06/2016 08:06 AM] |
| Filing 9 Filed (ECF) Appellants Sean McAvoy, Neal Kaufman, Hillair Capital Management, LLC, Hillair Capital Investments, LP and Haven Beauty, Inc. reply to response (motion to stay lower court action, motion to file oversized brief). Date of service: 09/02/2016. [10112137] [16-56217] (Fayer, Gregory) [Entered: 09/02/2016 03:43 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 09/14/2016, 2:30 p.m. PACIFIC Time, w/ 16-56217. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [10111151] [16-56184, 16-56217] (BLS) [Entered: 09/02/2016 09:32 AM] |
| Filing 11 Received copy of amended notice of appeal from district court. [10114678] (Walker, Synitha) [Entered: 09/07/2016 11:15 AM] |
| Filing 7 Filed (ECF) Appellees 2Die4Kourt, Kim Kardashian West, Khloe Kardashian, Kourtney Kardashian, Khlomoney, Inc. and Kimsaprincess, Inc. reply to response (). Date of service: 08/31/2016. [10109149] [16-56217] (Steinsapir, Jonathan) [Entered: 08/31/2016 06:19 PM] |
| Filing 6 Filed (ECF) Appellants Haven Beauty, Inc., Hillair Capital Investments, LP, Hillair Capital Management, LLC, Neal Kaufman and Sean McAvoy Mediation Questionnaire. Date of service: 08/29/2016. [10105495] [16-56217] (Fayer, Gregory) [Entered: 08/29/2016 05:17 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: SLL): The court has received appellants emergency motion for a stay of lower court action (Docket Entry No. [ # 3 ] ). Appellees opposition to the emergency motion is due Wednesday, August 31, 2016. Appellants reply in support of the emergency motion is due Friday, September 2, 2016. The briefing schedule established in the courts August 25, 2016 order continues to apply to this preliminary injunction appeal. [10104426] (AF) [Entered: 08/29/2016 11:50 AM] |
| Filing 4 Filed (ECF)Appellants Haven Beauty, Inc., Hillair Capital Investments, LP, Hillair Capital Management, LLC, Neal Kaufman and Sean McAvoy Correspondence: Exhibits to EMERGENCY Motion to stay lower court action. Date of service: 08/29/2016. [10104037] [16-56217]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 09/01/2016 by SLM] (Fayer, Gregory) [Entered: 08/29/2016 10:14 AM] |
| Filing 3 Filed (ECF) Appellants Haven Beauty, Inc., Hillair Capital Investments, LP, Hillair Capital Management, LLC, Neal Kaufman and Sean McAvoy EMERGENCY Motion to stay lower court action, Motion to file oversized brief. Date of service: 08/26/2016. [10103462] [16-56217] (Fayer, Gregory) [Entered: 08/26/2016 11:04 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed August 25, 2016 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than September 22, 2016; the answering brief is due October 20, 2016 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). The parties are reminded that streamlined requests for extensions of time are not available in preliminary injunction appeals. See http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000638. Any request for an extension of time must be requested under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [10101378] (Trierweiler, Nicole) [Entered: 08/25/2016 03:34 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. FRAP 3-3. (PRELIMINARY INJUNCTION APPEAL) [10100533] (BG) [Entered: 08/25/2016 10:55 AM] |
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