STM Atlantic N.V., et al v. Dong Yin Development Holdings, et al
| DONG YIN DEVELOPMENT HOLDINGS LIMITED, a Hong Kong unlimited company, CHINA ORIENT ASSET MANAGEMENT INTERNATIONAL HOLDING LIMITED, a Hong Kong limited company and LUDWIG CHANG, an individual |
| STM ATLANTIC N.V., a Dutch company, STM GROUP, INC., EMIL YOUSSEFZADEH, an individual and UMAR JAVED, an individual |
| GLOBAL-IP CAYMAN and GLOBAL IP USA, INC. |
| 18-55769 |
| June 12, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
Docket Report
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| Filing 44 Filed order (Deputy Clerk: OC) Appellants motion to voluntarily dismiss the appeal, filed May 20, 2019, is GRANTED. The copy of this order constitutes the mandate. [11305722] (OC) [Entered: 05/22/2019 11:36 AM] |
| Filing 43 Filed (ECF) Appellants Global IP USA, Inc. and Global-IP Cayman Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 05/20/2019. [11302963] [18-55769] (Kreindler, Charles) [Entered: 05/20/2019 01:36 PM] |
| Filing 42 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jeffrey B. Isaacs, Esquire for Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh. Hearing in Pasadena on 06/14/2019 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/08/2019. [11257006] [18-55769] (Isaacs, Jeffrey) [Entered: 04/08/2019 05:14 PM] |
| Filing 41 Notice of Oral Argument on Friday, June 14, 2019 - 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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Friday, June 14, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11247468] (AW) [Entered: 03/31/2019 06:14 AM] |
| Filing 40 UPDATED This case is being considered for an upcoming oral argument calendar in Pasadena. The June sittings dates have changed. The June sittings dates in Pasadena are June 10-14, 2019. Please review the Pasadena sitting dates for June 2019 and the 2 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 file # Form 32 immediately using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. 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 immediately , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation). [11220159] (KS) [Entered: 03/07/2019 03:22 PM] |
| Filing 39 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for June 2019 and the 2 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 file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. 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 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11201100] (AW) [Entered: 02/20/2019 12:31 PM] |
| Filing 38 Filed clerk order (Deputy Clerk: LBS): Appellees motions (Docket Entry Nos. [ # 27 ] and [ # 35 ]) to supplement the record on appeal and for judicial notice, the proposed supplementation, and any related responses thereto, are referred to the merits panel for resolution. Any discussion of the proposed supplementation in the parties briefs may be stricken or disregarded if the merits panel denies appellees motion to supplement the record. [11173929] (JBS) [Entered: 01/31/2019 09:43 AM] |
| Filing 37 Streamlined request [36] by Appellants Global IP USA, Inc. and Global-IP Cayman to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 03/06/2019. [11173428] (Witt, Dusty) [Entered: 01/30/2019 04:29 PM] |
| Filing 36 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Global IP USA, Inc. and Global-IP Cayman. New requested due date is 03/06/2019. [11173172] [18-55769] (Kreindler, Charles) [Entered: 01/30/2019 02:30 PM] |
| Filing 35 Filed (ECF) Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh Supplemental Motion to take judicial notice of Superior Court Minute Order in Chris Chen v. Global IP Cayman et al., Los Angeles Superior Court Case No. BC673421. Date of service: 01/25/2019. [11167663] [18-55769] (Friedberg, Jerome) [Entered: 01/25/2019 04:39 PM] |
| Filing 34 Filed 4 paper copies of supplemental excerpts of record [ # 29 ] in 1 volume(s) filed by Appellees. [11163587] (KWG) [Entered: 01/23/2019 01:50 PM] |
| Filing 33 Received 7 paper copies of Answering Brief [ # 28 ] filed by Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh. [11163413] (RG) [Entered: 01/23/2019 12:27 PM] |
| Filing 32 Filed clerk order: The answering brief [ # 28 ] 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 Court has reviewed the supplemental excerpts of record [ # 29 ] submitted by appellees. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11157900] (SML) [Entered: 01/17/2019 04:09 PM] |
| Filing 31 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 28 ]. Original Text: Filed (ECF) Errata to Answering Brief ([ # 28 ] Brief Submitted for Review (ECF Filing)). Filed by Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh. Date of service: 01/15/2019. [11154476] [18-55769] (Friedberg, Jerome) [Entered: 01/15/2019 05:35 PM] |
| Filing 30 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 28 ]. Original Text: Filed (ECF) Errata to Answering Brief ([ # 28 ] Brief Submitted for Review (ECF Filing)). Filed by Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh. Date of service: 01/15/2019. [11154468] [18-55769] (Friedberg, Jerome) [Entered: 01/15/2019 05:28 PM] |
| Filing 29 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh. Date of service: 01/14/2019. [11152977] [18-55769] --[COURT UPDATE: Attached corrected excerpts of record. 1/17/2019 by TYL] (Friedberg, Jerome) [Entered: 01/14/2019 11:53 PM] |
| Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh. Date of service: 01/14/2019. [11152976] [18-55769]--[COURT UPDATE: Edited docket text to reflect correct party filers. 01/15/2019 by RY] --[COURT UPDATE: Attached corrected brief. 1/17/2019 by TYL] (Friedberg, Jerome) [Entered: 01/14/2019 11:50 PM] |
| Filing 27 Filed (ECF) Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh Motion to supplement record on appeal. Date of service: 01/04/2019. [11142663] [18-55769] (Isaacs, Jeffrey) [Entered: 01/04/2019 06:10 PM] |
| Filing 26 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 25 ]) for an extension of time to file the answering brief is granted. The answering brief is due January 14, 2019. The optional reply brief is due within 21 days after service of the answering brief. [11117280] (JBS) [Entered: 12/11/2018 01:30 PM] |
| Filing 25 Filed (ECF) Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh Unopposed Motion to extend time to file Answering brief until 01/14/2019. Date of service: 12/06/2018. [11112316] [18-55769] (Friedberg, Jerome) [Entered: 12/06/2018 12:31 PM] |
| Filing 24 Streamlined request [23] by Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh to extend time to file the brief is approved. Amended briefing schedule: Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh answering brief due 12/13/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11072547] (Witt, Dusty) [Entered: 11/05/2018 04:09 PM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh. New requested due date is 12/13/2018. [11071951] [18-55769] (Friedberg, Jerome) [Entered: 11/05/2018 01:32 PM] |
| Filing 22 Received 7 paper copies of Opening Brief [ # 18 ] filed by Global IP USA, Inc. and Global-IP Cayman. [11048075] (RG) [Entered: 10/16/2018 09:12 AM] |
| Filing 21 Filed four paper copies of excerpts of record [ # 19 ] in 4 volume(s) filed by Appellants. [11047582] (GV) [Entered: 10/15/2018 04:09 PM] |
| Filing 20 Filed clerk order: The opening brief [ # 18 ] submitted by Global IP USA, Inc. and Global-IP Cayman 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 [ # 19 ] submitted by Global IP USA, Inc. and Global-IP Cayman. 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. [11044617] (KWG) [Entered: 10/12/2018 10:02 AM] |
| Filing 19 Submitted (ECF) excerpts of record. Submitted by Appellants Global IP USA, Inc. and Global-IP Cayman. Date of service: 10/12/2018. [11044485] [18-55769] (Kreindler, Charles) [Entered: 10/12/2018 09:20 AM] |
| Filing 18 Submitted (ECF) Opening Brief for review. Submitted by Appellants Global IP USA, Inc. and Global-IP Cayman. Date of service: 10/12/2018. [11044470] [18-55769] (Kreindler, Charles) [Entered: 10/12/2018 09:16 AM] |
| Filing 17 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion [ # 16 ] for a second extension of time to file the opening brief is granted. The opening brief is due October 12, 2018. The answering brief is due November 13, 2018. The optional reply brief is due within 21 days after service of the answering brief. [11001328] (LBS) [Entered: 09/05/2018 11:51 AM] |
| Filing 16 Filed (ECF) Appellants Global IP USA, Inc. and Global-IP Cayman Unopposed Motion to extend time to file Opening brief until 10/12/2018. Date of service: 09/05/2018. [11001107] [18-55769] (Kreindler, Charles) [Entered: 09/05/2018 10:45 AM] |
| Filing 15 Streamlined request [14] by Appellants Global IP USA, Inc. and Global-IP Cayman to extend time to file the brief is approved. Amended briefing schedule: Appellants Global IP USA, Inc. and Global-IP Cayman opening brief due 09/12/2018. Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh answering brief due 10/12/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10964215] (Witt, Dusty) [Entered: 08/02/2018 02:34 PM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Global IP USA, Inc. and Global-IP Cayman. New requested due date is 09/12/2018. [10963605] [18-55769] (Kreindler, Charles) [Entered: 08/02/2018 09:40 AM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [10933054] (VS) [Entered: 07/06/2018 09:01 AM] |
| Filing 12 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 07/05/2018, 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... [10916989] (VS) [Entered: 06/21/2018 09:45 AM] |
| Filing 11 Filed (ECF) Appellants Global IP USA, Inc. and Global-IP Cayman Mediation Questionnaire. Date of service: 06/19/2018. [10914129] [18-55769] (Kreindler, Charles) [Entered: 06/19/2018 01:33 PM] |
| Filing 10 Filed order (WILLIAM C. CANBY and JOHNNIE B. RAWLINSON) The motion to file under seal Exhibits 1-6 to the request for an emergency stay pending appeal is denied (Docket Entry No. 2). See Interim 9th Cir. R. 27-13(a). Within 21 days after the date of this order, appellants may file a motion to withdraw Exhibits 1-6 (Docket Entry No. 2-2). The Clerk shall maintain Docket Entry No. 2-2 under seal until the expiration of the 21-day period, and until disposition of a motion to withdraw if one is timely filed. If no motion to withdraw is filed, the Clerk shall unseal Exhibits Docket Entry No. 2-2. Appellants motion to stay the district courts June 8, 2018 order pending appeal is denied (Docket Entry No. [ # 3 ]). See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The briefing schedule established previously remains in effect. The parties briefs shall further address the jurisdictional and mootness questions raised in response to the request to stay the district courts order. [10913036] (JBS) [Entered: 06/18/2018 04:23 PM] |
| Filing 9 Filed (ECF) Appellants Global IP USA, Inc. and Global-IP Cayman reply to response (motion to stay lower court action). Date of service: 06/18/2018. [10912356] [18-55769] (Kreindler, Charles) [Entered: 06/18/2018 12:54 PM] |
| Filing 8 Filed (ECF) Appellants Global IP USA, Inc. and Global-IP Cayman Correspondence: Intention to File Reply Re Request for Immediate Stay (Circuit Rule 27). Date of service: 06/15/2018 [10910574] [18-55769] (Kreindler, Charles) [Entered: 06/15/2018 11:27 AM] |
| Filing 7 Filed (ECF) Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 06/15/2018. [10909943] [18-55769] (Friedberg, Jerome) [Entered: 06/15/2018 12:49 AM] |
| Filing 6 Added attorney Karin Dougan Vogel for Global IP USA, Inc. Global-IP Cayman, in case 18-55769. [10909422] (NAC) [Entered: 06/14/2018 02:30 PM] |
| Filing 5 Filed (ECF) notice of appearance of Karin Dougan Vogel for Appellants Global IP USA, Inc. and Global-IP Cayman. Date of service: 06/14/2018. [10909161] [18-55769] (Vogel, Karin) [Entered: 06/14/2018 01:27 PM] |
| Filing 4 Filed (ECF) Appellants Global IP USA, Inc. and Global-IP Cayman Correspondence: CIRCUIT RULE 27-3 CERTIFICATE. Date of service: 06/14/2018 [10908505] [18-55769] (Kreindler, Charles) [Entered: 06/14/2018 09:43 AM] |
| Filing 3 Filed (ECF) Appellants Global IP USA, Inc. and Global-IP Cayman Redacted Motion to stay lower court action. Date of service: 06/13/2018. [10907642] [18-55769] (Kreindler, Charles) [Entered: 06/13/2018 03:09 PM] |
| Filing 2 Filed (ECF) UNDER SEAL Appellants Global IP USA, Inc. and Global-IP Cayman motion to file document under seal and submit sealed document. Type of document: other (Specific Documents). Date of service: 06/13/2018. [10907590] [18-55769]--[COURT UPDATE: Attached corrected PDF of certificate of service. 06/14/2018 by RY] (Kreindler, Charles) [Entered: 06/13/2018 02:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/19/2018. Appellants Global IP USA, Inc. and Global-IP Cayman opening brief due 08/13/2018. Appellees Umar Javed, STM Atlantic N.V., STM Group, Inc. and Emil Youssefzadeh answering brief due 09/13/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10906339] (RT) [Entered: 06/12/2018 05:35 PM] |
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