A.C.L. Computers and Software, v. USA
| A.C.L. COMPUTERS AND SOFTWARE, INC. |
| UNITED STATES OF AMERICA |
| 17-15633 |
| April 5, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 10, 2018. A more recent docket listing may be available from PACER.
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| Filing 38 MANDATE ISSUED.(EES, RAP and SSI) [10972804] (RR) [Entered: 08/10/2018 09:56 AM] |
| Filing 37 FILED MEMORANDUM DISPOSITION (EUGENE E. SILER, RICHARD A. PAEZ and SANDRA S. IKUTA) AFFIRMED. FILED AND ENTERED JUDGMENT. [10911760] (MM) [Entered: 06/18/2018 09:39 AM] |
| Filing 36 SUBMITTED ON THE BRIEFS TO EUGENE E. SILER, RICHARD A. PAEZ and SANDRA S. IKUTA. [10909364] (KT) [Entered: 06/14/2018 02:14 PM] |
| Filing 35 Filed clerk order (Deputy Clerk: AF): The Court is of the opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted without oral argument on June 14, 2018, at San Francisco, California. Fed. R. App. P. 34(a)(2)(C). [10890257] (AF) [Entered: 05/30/2018 04:16 PM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney David S. Ratner for Appellant A.C.L. Computers and Software, Inc.. [10852930] [17-15633] (Ratner, David) [Entered: 04/26/2018 05:51 PM] |
| Filing 33 Added attorney David S. Ratner for A.C.L. Computers and Software, Inc., in case 17-15633. [10851877] (RR) [Entered: 04/26/2018 10:53 AM] |
| Filing 32 Filed (ECF) notice of appearance of David S. Ratner for Appellant A.C.L. Computers and Software, Inc.. Date of service: 04/25/2018. [10851345] [17-15633] (Ratner, David) [Entered: 04/25/2018 06:22 PM] |
| Filing 31 Notice of Oral Argument on Thursday, June 14, 2018 - 09:00 A.M. - Courtroom 1 - San Francisco 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: SAN FRANCISCO Office. [10824526] (AKM) [Entered: 04/04/2018 02:36 PM] |
| Filing 30 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for June 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10770491] (AW) [Entered: 02/20/2018 06:04 PM] |
| Filing 29 Received 7 paper copies of Reply Brief [ # 27 ] filed by A.C.L. Computers and Software, Inc.. [10738693] (SD) [Entered: 01/25/2018 01:51 PM] |
| Filing 28 Filed clerk order: The reply brief [ # 27 ] submitted by A.C.L. Computers and Software, 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 CM/ECF. [10732307] (KT) [Entered: 01/22/2018 09:51 AM] |
| Filing 27 Submitted (ECF) Reply Brief for review. Submitted by Appellant A.C.L. Computers and Software, Inc.. Date of service: 01/19/2018. [10731009] [17-15633] (Ginsberg, Jeffrey) [Entered: 01/19/2018 01:46 PM] |
| Filing 26 Received 7 paper copies of Answering Brief [ # 24 ] filed by USA. [10721876] (SD) [Entered: 01/11/2018 01:34 PM] |
| Filing 25 Filed clerk order: The answering brief [ # 24 ] submitted by USA 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. [10711306] (KT) [Entered: 01/03/2018 01:35 PM] |
| Filing 24 Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 01/02/2018. [10709969] [17-15633]--[COURT UPDATE: Attached certificate of service. 01/03/2018 by SLM] (Wall, Robin) [Entered: 01/02/2018 03:51 PM] |
| Filing 23 Streamlined request [22] by Appellee USA to extend time to file the brief is approved. Streamlined requests allow for a 30 day extension of time to file the brief. Amended briefing schedule: Appellee United States of America answering brief due 01/02/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10665130] (JN) [Entered: 11/22/2017 02:50 PM] |
| Filing 22 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 12/29/2017. [10664397] [17-15633] (Wall, Robin) [Entered: 11/22/2017 10:55 AM] |
| Filing 21 Filed 4 paper copies of excerpts of record [ # 16 ] in 2 volume(s) filed by Appellant A.C.L. Computers and Software, Inc.. [10649678] (KWG) [Entered: 11/09/2017 01:35 PM] |
| Filing 20 Received corrected deficiency of the paper copies of the excerpts of record, which are bound properly, from Appellant A.C.L. Computers and Software, Inc. [10649674] (KWG) [Entered: 11/09/2017 01:33 PM] |
| Filing 19 Received 7 paper copies of Opening Brief [ # 15 ] filed by A.C.L. Computers and Software, Inc.. [10647855] (SD) [Entered: 11/08/2017 11:36 AM] |
| Filing 18 Received Appellant A.C.L. Computers and Software, Inc. excerpts of record [ # 16 ] in 2 volumes. Deficiencies: excerpts are bound improperly. Notified counsel (See attached notice). [10646513] (KWG) [Entered: 11/07/2017 02:16 PM] |
| Filing 17 Filed clerk order: The opening brief [ # 15 ] submitted by A.C.L. Computers and Software, 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 [ # 16 ] submitted by A.C.L. Computers and Software, 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. [10643554] (KT) [Entered: 11/03/2017 04:25 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellant A.C.L. Computers and Software, Inc.. Date of service: 10/30/2017. [10637144] [17-15633] (Ginsberg, Jeffrey) [Entered: 10/30/2017 09:26 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellant A.C.L. Computers and Software, Inc.. Date of service: 10/30/2017. [10637137] [17-15633]--[COURT UPDATE: Attached corrected PDF of brief. 11/03/2017 by RY] (Ginsberg, Jeffrey) [Entered: 10/30/2017 08:53 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: GS): The appellants motion (Docket Entry No. [ # 13 ]) to file a substitute opening brief is granted. The substitute opening brief is due October 31, 2017. Failure to timely file the substitute opening brief will result in dismissal of this appeal for failure to prosecute. 9th Cir. R. 42-1. The Clerk will strike the opening brief submitted at Docket Entry No. [8]. The answering brief is now due November 30, 2017. The optional reply brief is due within 21 days after service of the answering brief. [10601828] (AF) [Entered: 10/02/2017 01:59 PM] |
| Filing 13 Filed (ECF) Appellant A.C.L. Computers and Software, Inc. Motion for miscellaneous relief [motion to file substitute opening brief]. Date of service: 09/18/2017. [10584985] [17-15633] (Ginsberg, Jeffrey) [Entered: 09/18/2017 02:11 PM] |
| Filing 12 Attorney A. Douglas Mastroianni in 17-15633 substituted by Attorney Jeffrey Martin Ginsberg I in 17-15633 [10584278] (RR) [Entered: 09/18/2017 10:02 AM] |
| Filing 11 Filed (ECF) notice of appearance of Jeffrey Martin Ginsberg for Appellant A.C.L. Computers and Software, Inc.. Date of service: 09/15/2017. [10583606] [17-15633] (Ginsberg, Jeffrey) [Entered: 09/15/2017 03:38 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: GB): On August 8, 2017, the court dismissed this appeal for failure to prosecute because appellant had not filed the opening brief. See 9th Cir. R. 42-1. Appellant has now submitted the opening brief. The motion to reinstate this appeal is granted (Docket Entry No. [ # 7 ]). The August 8, 2017 order is vacated, and the appeal is reinstated. Appellants motion to recall the mandate (Docket Entry No. [ # 7 ]) is denied as moot. The August 8, 2017 order stated the mandate would issue 21 days after the date of the order. The Clerk shall file the opening brief and excerpts of record at Docket Entry Nos. [8] and [9]. The answering brief is due October 16, 2017, and the optional reply brief is due 21 days after service of the answering brief. [10583449] (Buccinio, Gabriela) [Entered: 09/15/2017 02:49 PM] |
| Filing 9 STRICKEN PER ORDER [ # 14 ]. See replacement excerpts [ # 16 ]. Submitted (ECF) excerpts of record. Submitted by Appellant A.C.L. Computers and Software, Inc.. Date of service: 08/28/2017. [10583366]--[COURT ENTERED FILING to correct entry [ # 7 ].] (SLM) [Entered: 09/15/2017 02:27 PM] |
| Filing 8 STRICKEN PER ORDER [ # 14 ]. Submitted (ECF) Opening Brief for review. Submitted by Appellant A.C.L. Computers and Software, Inc.. Date of service: 08/28/2017. [10583361]--[COURT ENTERED FILING to correct entry [ # 7 ].] (SLM) [Entered: 09/15/2017 02:26 PM] |
| Filing 7 Filed (ECF) Appellant A.C.L. Computers and Software, Inc. Motion to recall the mandate and Response supporting motion (to dismiss case for failure to prosecute under Circuit Rule 42-1, to issue mandate (for dispositive orders which act as mandate only)). Date of service: 08/28/2017. [10561799] [17-15633]--[COURT UPDATE: Removed brief and excerpts of record (filed correctly in entries [8] and [9]). 09/15/2017 by SLM] (Mastroianni, A.) [Entered: 08/28/2017 10:44 PM] |
| Filing 6 Filed order (Deputy Clerk: EU) Dismissing case for failure to prosecute (Cir. Rule 42-1) Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file opening brief. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [10537645] (EU) [Entered: 08/08/2017 03:48 PM] |
| Filing 5 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [10455050] (CL) [Entered: 05/31/2017 04:56 PM] |
| Filing 4 Filed Mediation order: This case is under consideration for inclusion in the Mediation Program. By 05/19/2017 , counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [10423618] (CL) [Entered: 05/05/2017 11:21 AM] |
| Filing 3 Filed (ECF) Appellant A.C.L. Computers and Software, Inc. Mediation Questionnaire. Date of service: 04/23/2017. [10407265] [17-15633] (Mastroianni, A.) [Entered: 04/23/2017 04:35 PM] |
| Filing 2 Filed order MEDIATION: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire...dismiss the appeal voluntarily... or show cause in writing why this appeal should not be dismissed. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [10400084] (BLS) [Entered: 04/18/2017 10:17 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/12/2017. Appellant A.C.L. Computers and Software, Inc. opening brief due 07/13/2017. Appellee United States of America answering brief due 08/14/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. [10384378] (JMR) [Entered: 04/05/2017 11:03 AM] |
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| Plaintiff / appellant: A.C.L. COMPUTERS AND SOFTWARE, INC. | |
| Represented By: | Jeffrey Martin Ginsberg Esquire |
| Represented By: | David S. Ratner |
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| Defendant / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Robin Michael Wall |
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