Cerner Middle East Limited v. Belbadi Enterprises LLC, et al
| VANDEVCO LIMITED, a Washington corporation and BELBADI ENTERPRISES LLC, a U.A.E. limited liability company |
| CERNER MIDDLE EAST LIMITED, a Cayman Islands Exempted Company |
| 17-35157 |
| February 21, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 51 MANDATE ISSUED.(RRC, CMC and RTB) [11463602] (RL) [Entered: 10/15/2019 10:00 AM] |
| Filing 50 FILED OPINION (RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and ROGER T. BENITEZ) REVERSED and REMANDED for further proceedings. Judge: RRC Authoring. FILED AND ENTERED JUDGMENT. [11439957] (AKM) [Entered: 09/23/2019 08:47 AM] |
| Filing 49 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/ [11047664] (KAD) [Entered: 10/15/2018 04:31 PM] |
| Filing 48 ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and ROGER T. BENITEZ. [11044623] (KAD) [Entered: 10/12/2018 10:03 AM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Warren E. Gluck for Appellant Cerner Middle East Limited. [11005491] [17-35157] (Gluck, Warren) [Entered: 09/10/2018 09:57 AM] |
| Filing 46 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Mr. Garrett S. Garfield for Appellant Cerner Middle East Limited. [11004990] [17-35157]--[COURT UPDATE: Attached corrected acknowledgment of hearing notice. 09/10/2018 by SLM] (Garfield, Garrett) [Entered: 09/07/2018 04:36 PM] |
| Filing 45 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Mr. Paul Henry Trinchero for Appellees Belbadi Enterprises LLC and Vandevco Limited. [11004829] [17-35157] (Trinchero, Paul) [Entered: 09/07/2018 03:29 PM] |
| Filing 44 Notice of Oral Argument on Friday, October 12, 2018 - 9:00 am - PO 2nd Floor Ctrm - Portland OR. 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 and within 21 days of Friday, October 12, 2018, file the completed form via Appellate CM/ECF. [10959414] (AW) [Entered: 07/30/2018 01:45 PM] |
| Filing 43 This case is being considered for an upcoming oral argument calendar in Portland Please review the Portland sitting dates for October 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).[10901347] (AW) [Entered: 06/08/2018 08:42 AM] |
| Filing 42 Received UNDER SEAL copy of District Court order filed on 03/07/2018. Order on conditions for transfer or proceeds [10793396] (JFF) [Entered: 03/09/2018 03:45 PM] |
| Filing 41 Filed (ECF) Appellant Cerner Middle East Limited Correspondence: regarding availability for oral argument. Date of service: 02/22/2018 [10773919] [17-35157] (Garfield, Garrett) [Entered: 02/22/2018 02:46 PM] |
| Filing 40 This case is being considered for an upcoming oral argument calendar in Portland Please review the Portland 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).[10767432] (AW) [Entered: 02/16/2018 12:35 PM] |
| Filing 39 Filed order (RICHARD A. PAEZ and SANDRA S. IKUTA) Appellants renewed motion for injunctive relief (Docket Entry No. [ # 36 ]) is granted in part and denied in part. The motion is denied to the extent appellant seeks to enjoin the proposed sale by appellees. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). However, the motion is granted to the extent appellant seeks to limit the transfer of proceeds from the sale. This matter is remanded to the district court for the limited purpose of establishing appropriate conditions limiting the transfer of proceeds. Briefing is completed. [10706433] (OC) [Entered: 12/28/2017 01:20 PM] |
| Filing 38 Filed (ECF) Appellant Cerner Middle East Limited reply to response (motion for injunction pending appeal, motion to stay lower court action). Date of service: 12/18/2017. [10694925] [17-35157] (Elkanich, David) [Entered: 12/18/2017 04:17 PM] |
| Filing 37 Filed (ECF) Appellees Belbadi Enterprises LLC and Vandevco Limited response opposing motion ([ # 36 ] Motion (ECF Filing), [ # 36 ] Motion (ECF Filing) motion for injunction pending appeal, [ # 36 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 12/11/2017. [10686041] [17-35157] (Grenley, Gary) [Entered: 12/11/2017 01:41 PM] |
| Filing 36 Filed (ECF) Appellant Cerner Middle East Limited EMERGENCY Motion for injunction pending appeal, Motion to stay lower court action. Date of service: 11/30/2017. [10673756] [17-35157] (Elkanich, David) [Entered: 11/30/2017 03:59 PM] |
| Filing 35 Received 7 paper copies of Reply Brief [ # 33 ] filed by Cerner Middle East Limited. [10594305] (RG) [Entered: 09/26/2017 10:43 AM] |
| Filing 34 Filed clerk order: The reply brief [ # 33 ] submitted by Cerner Middle East Limited 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. [10591256] (SML) [Entered: 09/22/2017 03:48 PM] |
| Filing 33 Submitted (ECF) Reply Brief for review. Submitted by Appellant Cerner Middle East Limited. Date of service: 09/22/2017. [10590666] [17-35157] (Gluck, Warren) [Entered: 09/22/2017 12:02 PM] |
| Filing 32 Received 7 paper copies of Answering Brief [ # 28 ] filed by Belbadi Enterprises LLC and Vandevco Limited. [10537059] (RG) [Entered: 08/08/2017 12:11 PM] |
| Filing 31 Streamlined request [30] by Appellant Cerner Middle East Limited to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 09/22/2017. [10534021] (Witt, Dusty) [Entered: 08/04/2017 03:05 PM] |
| Filing 30 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Cerner Middle East Limited. New requested due date is 09/22/2017. [10533526] [17-35157] (Garfield, Garrett) [Entered: 08/04/2017 11:36 AM] |
| Filing 29 Filed clerk order: The answering brief [ # 28 ] submitted by Belbadi Enterprises LLC and Vandevco Limited 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. [10531748] (SML) [Entered: 08/03/2017 10:45 AM] |
| Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellees Belbadi Enterprises LLC and Vandevco Limited. Date of service: 08/02/2017. [10531239] [17-35157] (Grenley, Gary) [Entered: 08/02/2017 04:35 PM] |
| Filing 27 Streamlined request [26] by Appellees Belbadi Enterprises LLC and Vandevco Limited to extend time to file the brief is approved. Amended briefing schedule: Appellees Belbadi Enterprises LLC and Vandevco Limited answering brief due 08/02/2017. The optional reply brief is due 21 days from the date of service of the answering brief. [10485755] (Witt, Dusty) [Entered: 06/23/2017 10:45 AM] |
| Filing 26 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Belbadi Enterprises LLC and Vandevco Limited. New requested due date is 08/02/2017. [10485500] [17-35157] (Grenley, Gary) [Entered: 06/23/2017 09:25 AM] |
| Filing 25 Received 7 paper copies of Opening Brief [ # 22 ] filed by Cerner Middle East Limited. [10446274] (RG) [Entered: 05/24/2017 08:19 AM] |
| Filing 24 Filed 4 paper copies of excerpts of record [ # 21 ] in 2 volume(s) filed by Appellant Cerner Middle East Limited. [10445933] (SML) [Entered: 05/23/2017 04:14 PM] |
| Filing 23 Filed clerk order: The opening brief [ # 22 ] submitted by Cerner Middle East Limited 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 [ # 21 ] submitted by Cerner Middle East Limited. 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. [10442819] (SML) [Entered: 05/22/2017 09:53 AM] |
| Filing 22 Submitted (ECF) Opening Brief for review. Submitted by Appellant Cerner Middle East Limited. Date of service: 05/19/2017. [10441381] [17-35157] (Gluck, Warren) [Entered: 05/19/2017 11:10 AM] |
| Filing 21 Submitted (ECF) excerpts of record. Submitted by Appellant Cerner Middle East Limited. Date of service: 05/19/2017. [10441372] [17-35157] (Gluck, Warren) [Entered: 05/19/2017 11:07 AM] |
| Filing 20 Added attorney Warren E. Gluck for Cerner Middle East Limited, in case 17-35157. [10437184] (JFF) [Entered: 05/16/2017 04:52 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: AMT): Appellants opposed motion (Docket Entry No. [ # 15 ]) to expedite is denied. The opening brief remains due June 1, 2017. [10436770] (OC) [Entered: 05/16/2017 02:59 PM] |
| Filing 18 Filed (ECF) notice of appearance of Warren E. Gluck for Appellant Cerner Middle East Limited. Date of service: 05/16/2017. [10436481] [17-35157] (Gluck, Warren) [Entered: 05/16/2017 01:58 PM] |
| Filing 17 Filed (ECF) Appellant Cerner Middle East Limited reply to response (motion to expedite case, ). Date of service: 05/08/2017. [10426579] [17-35157] (Elkanich, David) [Entered: 05/08/2017 05:02 PM] |
| Filing 16 Filed (ECF) Appellees Belbadi Enterprises LLC and Vandevco Limited response to motion ([ # 15 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing) motion to expedite case). Date of service: 05/04/2017. [10422645] [17-35157] (Grenley, Gary) [Entered: 05/04/2017 02:51 PM] |
| Filing 15 Filed (ECF) Appellant Cerner Middle East Limited Motion to expedite case. Date of service: 04/20/2017. [10405281] [17-35157] (Elkanich, David) [Entered: 04/20/2017 05:09 PM] |
| Filing 14 Filed Mediation order: 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. The briefing schedule previously established by the court remains in effect. [10391376] (LW) [Entered: 04/11/2017 09:53 AM] |
| Filing 13 MEDIATION CONFERENCE RESCHEDULED - Assessment Conference, 04/10/2017, 2:30 pm Pacific Time. (originally scheduled on 04/04/2017 ). [10382337] (LW) [Entered: 04/04/2017 10:03 AM] |
| Filing 12 Filed order (MORGAN B. CHRISTEN and JOHN B. OWENS) Appellants motion to stay the district courts February 14, 2017 order and for an injunction pending appeal (Docket Entry No. [ # 5 ]) is denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The briefing schedule established previously remains in effect. [10377706] (ME) [Entered: 03/30/2017 02:11 PM] |
| Filing 11 Filed (ECF) Appellant Cerner Middle East Limited reply to response (motion for injunction pending appeal). Date of service: 03/22/2017. [10367803] [17-35157] (Elkanich, David) [Entered: 03/22/2017 03:50 PM] |
| Filing 10 Filed (ECF) Appellees Belbadi Enterprises LLC and Vandevco Limited response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 03/17/2017. [10361768] [17-35157] (Trinchero, Paul) [Entered: 03/17/2017 02:53 PM] |
| Filing 9 Filed (ECF) Appellees Belbadi Enterprises LLC and Vandevco Limited corporate disclosure statement. Date of service: 03/17/2017. [10361742] [17-35157] (Trinchero, Paul) [Entered: 03/17/2017 02:47 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 04/04/2017, 2:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [10356284] (LW) [Entered: 03/14/2017 03:22 PM] |
| Filing 7 Filed (ECF) Appellant Cerner Middle East Limited Motion to file appendix(ices) in 0 volumes to DOCUMENTS IN SUPPORT OF MOTION FOR STAY OF ORDER OF DISMISSAL AND FOR INJUNCTION PENDING APPEAL: FED. R. APP. P. 8 (SUBMITTED BY CERNER MIDDLE EAST LIMITED). Date of service: 03/10/2017. [10352735] [17-35157] (Elkanich, David) [Entered: 03/10/2017 05:24 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: MBI): The court has received appellants emergency motion for a stay of the district courts February 14, 2017 order of dismissal, and for an injunction pending appeal of the district courts dismissal order. Appellees opposition to the emergency motion is due on Friday, March 17, 2017 at 11:59 p.m. P.D.T. Appellants optional reply is due on Wednesday, March 22, 2017 at 11:59 p.m. P.D.T. [10349852] (OC) [Entered: 03/09/2017 10:45 AM] |
| Filing 5 Filed (ECF) Appellant Cerner Middle East Limited EMERGENCY Motion for injunction pending appeal. Date of service: 03/07/2017. [10347557] [17-35157] (Elkanich, David) [Entered: 03/07/2017 06:05 PM] |
| Filing 4 Added attorney Gary I. Grenley for Vandevco Limited Belbadi Enterprises LLC, in case 17-35157. [10345163] (JFF) [Entered: 03/06/2017 04:04 PM] |
| Filing 3 Filed (ECF) notice of appearance of Gary I. Grenley for Appellees Belbadi Enterprises LLC and Vandevco Limited. Date of service: 03/06/2017. [10344857] [17-35157] (Grenley, Gary) [Entered: 03/06/2017 02:45 PM] |
| Filing 2 Filed (ECF) Appellant Cerner Middle East Limited Mediation Questionnaire. Date of service: 02/28/2017. [10336648] [17-35157] (Elkanich, David) [Entered: 02/28/2017 02:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 02/28/2017. Transcript ordered by 03/23/2017. Transcript due 04/24/2017. Appellant Cerner Middle East Limited opening brief due 06/01/2017. Appellees Belbadi Enterprises LLC and Vandevco Limited answering brief due 07/03/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. [10326870] (SB) [Entered: 02/21/2017 01:18 PM] |
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| Defendant / appellee: VANDEVCO LIMITED, a Washington corporation | |
| Represented By: | Gary I. Grenley Esquire |
| Represented By: | Paul Henry Trinchero |
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| Defendant / appellee: BELBADI ENTERPRISES LLC, a U.A.E. limited liability company | |
| Represented By: | Gary I. Grenley Esquire |
| Represented By: | Paul Henry Trinchero |
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| Plaintiff / appellant: CERNER MIDDLE EAST LIMITED, a Cayman Islands Exempted Company | |
| Represented By: | Warren E. Gluck |
| Represented By: | David J. Elkanich |
| Represented By: | Garrett S. Garfield |
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