P6 LA MF Holdings SPE, LLC, et al v. Neil Shekhter, et al
| NMS BROADWAY, L.P., a limited partnership, P6 LA MF HOLDINGS I, LLC, a limited liability company, LUXE 1420 5, LLC, a limited liability company, P6 LA MF HOLDINGS SPE, LLC, a limited liability company, LUXE LA CIENEGA, LLC, a limited liability company, LUXE WASHINGTON, LLC, a limited liability company, LUXE BROADWAY, LLC, a limited liability company, LUXE 1440 5, LLC, a limited liability company, LINCOLN WALK STUDIOS, LP, a limited partnership and 1410 5TH STREET, LLC, a limited liability company |
| MARGOT SHEKHTER, as an individual and as Trustee of The NMS Family Living Trust dated September 3, 1991, NEIL SHEKHTER, as an individual and as Trustee of The NMS Family Living Trust dated September 3, 1991, NMS PROPERTIES, INC., a corporation, NMS CAPITAL PARTNERS I, LLC, a limited liability company and DOES, 1-10 |
| 17-55924 |
| June 29, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Document Text |
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| Filing 47 MANDATE ISSUED.(SPG, KMW and MBC) [11049915] (NAC) [Entered: 10/17/2018 10:09 AM] |
| Filing 46 FILED ORDER AND MEMORANDUM DISPOSITION (SUSAN P. GRABER, KIM MCLANE WARDLAW and MORGAN B. CHRISTEN) NMSs motion for judicial notice, Dkt. No. [ # 43 ], is GRANTED.; AFFIRMED FILED AND ENTERED JUDGMENT. [11023977] (SD) [Entered: 09/25/2018 09:41 AM] |
| Filing 45 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/ [10973197] (BG) [Entered: 08/10/2018 12:14 PM] |
| Filing 44 ARGUED AND SUBMITTED TO SUSAN P. GRABER, KIM MCLANE WARDLAW and MORGAN B. CHRISTEN. [10970331] (BG) [Entered: 08/08/2018 12:25 PM] |
| Filing 43 Filed (ECF) Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter Motion to take judicial notice of the California Court of Appeal opinion issued on the same date in the same Lincoln Studios appeal overturning the trial court's dismissal of Appellants' Third Amended Complaint. and Response to motion ([ # 41 ] Motion (ECF Filing), [ # 41 ] Motion (ECF Filing) motion to take judicial notice). Date of service: 06/29/2018. [10927804] [17-55924] (Frid, Alexander) [Entered: 06/29/2018 03:12 PM] |
| Filing 42 Filed clerk order (Deputy Clerk: AF): Plaintiffs-Appellees motion requesting judicial notice is GRANTED. IT IS SO ORDERED. [10927726] (AF) [Entered: 06/29/2018 02:49 PM] |
| Filing 41 Filed (ECF) Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC Motion to take judicial notice of Opinion of the California Court of Appeal, Second District, entered June 20, 2018 in Lincoln Studios LLC, et al. v. P6 LA MF Holdings SPE, LLC, No. B279305. Date of service: 06/25/2018. [10920882] [17-55924] (Fogelman, James) [Entered: 06/25/2018 01:42 PM] |
| Filing 40 Filed clerk order (Deputy Clerk: AF): Plaintiffs-Appellees request for judicial notice is GRANTED. IT IS SO ORDERED. [10914042] (AF) [Entered: 06/19/2018 12:33 PM] |
| Filing 39 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Jennifer Mira Hashmall for Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter. [10895401] [17-55924] (Hashmall, Jennifer) [Entered: 06/04/2018 01:53 PM] |
| Filing 38 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney James Prescott Fogelman for Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC. [10894241] [17-55924] (Fogelman, James) [Entered: 06/01/2018 05:29 PM] |
| Filing 37 Notice of Oral Argument on Wednesday, August 8, 2018 - 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. [10890226] (Witt, Dusty) [Entered: 05/30/2018 04:08 PM] |
| Filing 36 Received 7 paper copies of Reply Brief [ # 34 ] filed by appellants (sent to panel). [10886042] (DB) [Entered: 05/25/2018 12:25 PM] |
| Filing 35 Filed clerk order: The reply brief [ # 34 ] submitted by appellants 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. [10885378] (KT) [Entered: 05/24/2018 04:28 PM] |
| Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter. Date of service: 05/24/2018. [10885261] [17-55924] (Frid, Alexander) [Entered: 05/24/2018 03:46 PM] |
| Filing 33 Filed (ECF) Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter Correspondence: regarding availability for oral argument. Date of service: 04/25/2018 [10850340] [17-55924] (Hashmall, Jennifer) [Entered: 04/25/2018 01:05 PM] |
| Filing 32 Filed (ECF) Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC Correspondence: Letter regarding availability for oral argument. Date of service: 04/23/2018 [10847761] [17-55924] (Fogelman, James) [Entered: 04/23/2018 11:27 PM] |
| Filing 31 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for August 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).[10844893] (AW) [Entered: 04/20/2018 12:59 PM] |
| Filing 30 Filed 4 paper copies of excerpts of record [ # 23 ] in 11 volume(s) filed by Appellees. [10833237] (KT) [Entered: 04/11/2018 03:27 PM] |
| Filing 29 Received 7 paper copies of Answering Brief [ # 22 ] filed by appellees. [10833019] (SD) [Entered: 04/11/2018 02:10 PM] |
| Filing 28 Streamlined request [27] by Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter 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: the optional reply brief is due 05/29/2018. [10829143] (JN) [Entered: 04/09/2018 12:22 PM] |
| Filing 27 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter. New requested due date is 05/09/2018. [10828815] [17-55924] (Hashmall, Jennifer) [Entered: 04/09/2018 10:36 AM] |
| Filing 26 Filed clerk order: The answering brief [ # 22 ] submitted by appellees 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 appellees. 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. [10828237] (LA) [Entered: 04/06/2018 08:12 PM] |
| Filing 25 COURT DELETED INCORRECT ENTRY. Addendum attached to brief. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 22 ]. Original Text: Filed (ECF) Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC Correspondence: Addendum to Answering Brief pursuant to Circuit Rule 28-2.7. Date of service: 04/06/2018 [10828203] [17-55924] (Fogelman, James) [Entered: 04/06/2018 05:43 PM] |
| Filing 24 Filed (ECF) Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC Motion to take judicial notice. Date of service: 04/06/2018. [10828190] [17-55924] --[COURT UPDATE: Updated docket text to reflect content of filing. 4/9/2018 by TYL] (Fogelman, James) [Entered: 04/06/2018 05:35 PM] |
| Filing 23 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC, P6 LA MF Holdings SPE, LLC and Appellants Does, NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter. Date of service: 04/06/2018. [10828183] [17-55924] (Fogelman, James) [Entered: 04/06/2018 05:29 PM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC, P6 LA MF Holdings SPE, LLC and Appellants Does, NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter. Date of service: 04/06/2018. [10828160] [17-55924]--[COURT UPDATE: Attached addendum. 04/06/2018 by LA] (Fogelman, James) [Entered: 04/06/2018 05:20 PM] |
| Filing 21 Streamlined request [20] by Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC to extend time to file the brief is approved. Amended briefing schedule: Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC answering brief due 04/06/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10783677] (BG) [Entered: 03/02/2018 08:36 AM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees 1410 5th Street, LLC, P6 LA MF Holdings SPE, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P. and P6 LA MF Holdings I, LLC. New requested due date is 04/06/2018. [10783450] [17-55924] (Fogelman, James) [Entered: 03/01/2018 04:28 PM] |
| Filing 19 Filed 4 paper copies of excerpts of record [ # 16 ] in 7 volume(s) filed by Appellants. [10762173] (KT) [Entered: 02/13/2018 11:51 AM] |
| Filing 18 Received 7 paper copies of Opening Brief [ # 15 ] filed by appellants. [10762111] (SD) [Entered: 02/13/2018 11:38 AM] |
| Filing 17 Filed clerk order: The opening brief [ # 15 ] submitted by appellants 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 appellants. 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. [10752918] (KT) [Entered: 02/06/2018 09:43 AM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants Neil Shekhter, Margot Shekhter, NMS Properties, Inc. and NMS Capital Partners I, LLC. Date of service: 02/05/2018. [10752114] [17-55924] (Hashmall, Jennifer) [Entered: 02/05/2018 03:20 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants Neil Shekhter, Margot Shekhter, NMS Properties, Inc. and NMS Capital Partners I, LLC. Date of service: 02/05/2018. [10752090] [17-55924] (Hashmall, Jennifer) [Entered: 02/05/2018 03:14 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: th): Granting Appellants' Unopposed Motion [ # 13 ] (ECF Filing) to extend time to file the opening brief. Appellants's opening brief due 02/05/2018. Appellees' answering brief due 03/07/2018. The optional reply brief is due 21 days after service of the answering brief. [10699347] (TH) [Entered: 12/21/2017 11:29 AM] |
| Filing 13 Filed (ECF) Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter Unopposed Motion to extend time to file Opening brief until 02/05/2018. Date of service: 12/20/2017. [10698507] [17-55924] (Hashmall, Jennifer) [Entered: 12/20/2017 05:04 PM] |
| Filing 12 Added attorney Jennifer Mira Hashmall for NMS Capital Partners I, LLC, NMS Properties, Inc. Margot Shekhter and Neil Shekhter, in case 17-55924. [10698494] (HH) [Entered: 12/20/2017 04:55 PM] |
| Filing 11 Filed (ECF) notice of appearance of Jennifer Mira Hashmall for Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter. Date of service: 12/20/2017. [10698480] [17-55924] (Hashmall, Jennifer) [Entered: 12/20/2017 04:49 PM] |
| Filing 10 Streamlined request [9] by Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter to extend time to file the brief is approved. Amended briefing schedule: Appellants Does, NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter opening brief due 01/04/2018. Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC answering brief due 02/05/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10670186] (JN) [Entered: 11/28/2017 03:20 PM] |
| Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter. New requested due date is 01/04/2018. [10670113] [17-55924] (Tokoro, Jason) [Entered: 11/28/2017 03:03 PM] |
| Filing 8 MEDIATION ORDER FILED: 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. [10542684] (VS) [Entered: 08/14/2017 09:48 AM] |
| Filing 7 Added attorney Jason Tokoro for NMS Capital Partners I, LLC NMS Properties, Inc. Neil Shekhter, in case 17-55924. [10526146] (Walker, Synitha) [Entered: 07/28/2017 04:08 PM] |
| Filing 6 Filed (ECF) notice of appearance of Jason H. Tokoro for Appellants Neil Shekhter, Margot Shekhter, NMS Properties, Inc. and NMS Capital Partners I, LLC. Date of service: 07/28/2017. [10526126] [17-55924] (Tokoro, Jason) [Entered: 07/28/2017 04:03 PM] |
| Filing 5 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 08/11/2017, 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... [10523604] (VS) [Entered: 07/27/2017 11:10 AM] |
| Filing 4 Filed (ECF) Appellants Neil Shekhter, Margot Shekhter, NMS Properties, Inc. and NMS Capital Partners I, LLC Mediation Questionnaire. Date of service: 07/26/2017. [10522608] [17-55924] (Frid, Alexander) [Entered: 07/26/2017 03:00 PM] |
| Filing 3 MEDIATION ORDER FILED: 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. [10522201] (LW) [Entered: 07/26/2017 12:51 PM] |
| Filing 2 Terminated Jason Tokoro for Neil Shekhter, Margot Shekhter, NMS Properties, Inc. and NMS Capital Partners I, LLC in 17-55924 (Due to incorrect ECF account information). [10493020] (SLM) [Entered: 06/29/2017 03:39 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 07/06/2017. Appellants Does, NMS Capital Partners I, LLC, NMS Properties, Inc., Margot Shekhter and Neil Shekhter opening brief due 12/05/2017. Appellees 1410 5th Street, LLC, Lincoln Walk Studios, LP, Luxe 1420 5, LLC, Luxe 1440 5, LLC, Luxe Broadway, LLC, Luxe La Cienega, LLC, Luxe Washington, LLC, NMS Broadway, L.P., P6 LA MF Holdings I, LLC and P6 LA MF Holdings SPE, LLC answering brief due 01/04/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10492000] (JMR) [Entered: 06/29/2017 09:12 AM] |
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