Strategic Partners, Inc. v. A. Douglas Mastroianni
| STRATEGIC PARTNERS, INC. |
| KOI DESIGN, LLC and A. DOUGLAS MASTROIANNI |
| 18-55798 |
| June 15, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 63 Filed order (Deputy Clerk: AT): Appellant A. Douglas Mastroianni has not responded to the courts March 4, 2020 or April 9, 2020 orders. This appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court. [11690064] (AF) [Entered: 05/13/2020 03:43 PM] |
| Filing 62 Filed clerk order (Deputy Clerk: AT): On March 4, 2020, this court ordered appellant A. Douglas Mastroianni, within 21 days, to file a motion to voluntarily dismiss this appeal or a statement indicating that appellant wishes to proceed with the appeal. To date, appellant has not complied with the courts March 4, 2020 order. Appellant is granted one additional opportunity to comply with the March 4, 2020 order. Within 21 days after the date of this order, appellant shall file a motion to voluntarily dismiss this appeal or a statement indicating that appellant wishes to proceed with this appeal. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. This appeal is stayed pending further order of the court. [11656838] (RT) [Entered: 04/09/2020 04:40 PM] |
| Filing 61 Terminated Appellant Koi Design, LLC in 18-55798 [11618143] (AF) [Entered: 03/04/2020 02:16 PM] |
| Filing 60 Deleted Incorrect Entry. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [61]. Original Text: Terminated Appellant A. Douglas Mastroianni in 18-55798 [11618140] (AF) [Entered: 03/04/2020 02:15 PM] |
| Filing 59 Filed clerk order (Deputy Clerk: AT): The court has received the stipulation to dismiss these consolidated appeals (Docket Entry No. [ # 58 ] in 18-55798). Appeal Nos. 18-56478 and 19-55678 are dismissed. See Fed. R. App. P. 42(b). All pending motions in Nos. 18-56478 and 19-55678 are denied as moot. The stipulation has not been signed by A. Douglas Mastroianni, appellant in 18-55798. Appeal No. 18-55798 is dismissed as to appellant Koi Design, LLC only. Within 21 days after the filing date of this order, appellant Mastroianni shall file a motion to voluntarily dismiss appeal No. 18-55798 or a statement indicating that appellant Mastroianni wishes to proceed with the appeal. Appeal No. 18-55798 is stayed pending resolution of this order. This order served on the district court shall act as and for the mandate of this court in appeal Nos. 18-56478 and 19-55678. [11618138] (AF) [Entered: 03/04/2020 02:14 PM] |
| Filing 58 Filed (ECF) Appellant Koi Design, LLC in 18-55798 Stipulated Motion to dismiss the case. Date of service: 02/13/2020. [11597172] [18-55798, 18-56478, 19-55678]--[COURT ENTERED FILING to correct entry [57].] (SLM) [Entered: 02/13/2020 04:21 PM] |
| Filing 57 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 58 ]. Original Text: Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478, 19-55678 status report (as required by Court order dated 10/24/2019). Date of service: 02/13/2020 [11597076] [18-55798, 18-56478, 19-55678] (Rozansky, Nicholas) [Entered: 02/13/2020 03:53 PM] |
| Filing 56 Filed clerk order (Deputy Clerk: KWH): On October 24, 2019, this appeal was stayed in light of the parties representation that they had reached a tentative settlement. On November 22, 2019, the parties indicated that they expected the settlement agreement to be approved in mid-December. Within 30 days of this order, the parties shall file a joint status report or an appropriate motion. [11581561] [18-55798, 18-56478, 19-55678] (RT) [Entered: 01/31/2020 04:34 PM] |
| Filing 55 Filed (ECF) Appellee Strategic Partners, Inc. in 18-55798, 18-56478, 19-55678 status report (as required by Court order dated 10/24/2019). Date of service: 11/22/2019 [11509423] [18-55798, 18-56478, 19-55678] (Foss, Taylor) [Entered: 11/22/2019 03:15 PM] |
| Filing 54 Filed clerk order (Deputy Clerk: KWH): On October 4, 2019, the parties notified the court that they have reached a tentative settlement which will resolve these appeals. The parties indicate they are in the process of drafting a settlement agreement which will be presented to the bankruptcy court for approval. In light of the pending settlement, these appeals and all pending motions are stayed. Within 30 days of the date of this order, the parties shall file a joint status report or an appropriate motion. [11475936] [18-55798, 18-56478, 19-55678] (JPD) [Entered: 10/24/2019 10:04 AM] |
| Filing 53 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478, 19-55678 Correspondence: Notice of Pending Settlement. Date of service: 10/04/2019 [11454536] [18-55798, 18-56478, 19-55678] (Seflin, Susan) [Entered: 10/04/2019 12:40 PM] |
| Filing 52 Filed (ECF) Appellee Strategic Partners, Inc. in 18-55798, 18-56478, 19-55678 response opposing motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing)). Date of service: 09/13/2019. [11431048] [18-55798, 18-56478, 19-55678] (Foss, Taylor) [Entered: 09/13/2019 12:44 PM] |
| Filing 51 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478, 19-55678 response to Court order dated 08/23/2019. Date of service: 09/06/2019. [11423581] [18-55798, 18-56478, 19-55678] (Rozansky, Nicholas) [Entered: 09/06/2019 12:59 PM] |
| Filing 50 Filed clerk order (Deputy Clerk: KWH): The court has reviewed the parties response s to the courts July 12, 2019 order. Within 14 days, appellant Koi Design, LLC may file a supplemental memorandum in support of its motion for summary reversal. Within 7 days of service of appellants supplemental memorandum, appellee Strategic Partners, Inc. may file a supplemental opposition. The supplemental filings shall not exceed 20 pages. [11408311] [18-55798, 18-56478, 19-55678] (AF) [Entered: 08/23/2019 11:04 AM] |
| Filing 49 Filed (ECF) Appellee Strategic Partners, Inc. in 18-55798, 18-56478, 19-55678 response to Court order dated 07/12/2019. Date of service: 07/19/2019. [11370405] [18-55798, 18-56478, 19-55678] (Foss, Taylor) [Entered: 07/19/2019 05:11 PM] |
| Filing 48 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478, 19-55678 response to Court order dated 07/12/2019. Date of service: 07/19/2019. [11369933] [18-55798, 18-56478, 19-55678] (Rozansky, Nicholas) [Entered: 07/19/2019 02:26 PM] |
| Filing 47 Filed clerk order (Deputy Clerk: AL): The court has reviewed appellants third status report. The limited remand in appeals Nos. 18-55798 and 18-56478 is terminated. Appellants request to consolidate appeals Nos. 18-55798, 18-56478, and 19-55678 (Docket Entry No. [ # 44 ] in No. 18-55798) is granted. The Clerk shall consolidate these appeals. Within 7 days after the date of this order, the parties shall inform the court whether they wish the court to rule on the pending motions for summary reversal (Docket Entry No. [ # 18 ] in No. 18-55798) and for an order requiring appellant to post a bond (Docket Entry No. [ # 27 ] in No. 18-55798), or whether they wish to withdraw the motions. Briefing is suspended pending the parties responses to this order. [11361649] [18-55798, 18-56478, 19-55678] (OC) [Entered: 07/12/2019 10:38 AM] |
| Filing 46 Added attorney Susan K Seflin for Koi Design, LLC, in case 18-55798 Susan K Seflin for Koi Design, LLC, in case 18-56478. [11332018] [18-55798, 18-56478] (NAC) [Entered: 06/14/2019 01:30 PM] |
| Filing 45 Filed (ECF) notice of appearance of Susan K. Seflin for Appellant Koi Design, LLC in 18-55798, 18-56478. Date of service: 06/14/2019. (Party previously proceeding without counsel: No) [11332015] [18-55798, 18-56478] (Seflin, Susan) [Entered: 06/14/2019 01:29 PM] |
| Filing 44 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 status report (as required by Court order dated 05/03/2019). Date of service: 06/14/2019 [11331631] [18-55798, 18-56478] (Rozansky, Nicholas) [Entered: 06/14/2019 10:58 AM] |
| Filing 43 Filed clerk order (Deputy Clerk: AL): The court has reviewed appellants second status report (Docket Entry No. [ # 42 ] in 18-55798; Docket Entry No. [ # 42 ] in 18-56478). Appellants request to continue the limited remand is granted. Within 60 days after the date of this order or within 7 days after the district courts ruling on the Rule 60(b) motion, whichever occurs first, appellant shall file: (1) a report on the status of district court proceedings and motion for appropriate relief; or (2) the opening brief. The filing of the opening brief or the failure to file report will terminate the limited remand. If the opening brief is filed, the answering and optional reply briefs shall be filed in accordance with the time limits set forth in Federal Rule of Appellate Procedure 31(a). Resolution of all other pending motions remains stayed until resolution of the limited remand. [11285726] [18-55798, 18-56478] (AF) [Entered: 05/03/2019 09:58 AM] |
| Filing 42 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 status report (as required by Court order dated 03/29/2019). Date of service: 04/26/2019 [11278731] [18-55798, 18-56478] (Rozansky, Nicholas) [Entered: 04/26/2019 12:05 PM] |
| Filing 41 Filed clerk order (Deputy Clerk: AL): The court has reviewed appellants status report (Docket Entry No. [ # 40 ] in 18-55798; Docket Entry No. [ # 40 ] in 18-56478). Appellants request to continue the limited remand is granted. Within 30 days after the date of this order or within 7 days after the district courts ruling on the Rule 60(b) motion, whichever occurs first, appellant shall file: (1) a report on the status of district court proceedings and motion for appropriate relief; or (2) the opening brief. The filing of the opening brief or the failure to file a report will terminate the limited remand. If the opening brief is filed, the answering and optional reply briefs shall be filed in accordance with the time limits set forth in Federal Rule of Appellate Procedure 31(a). Resolution of all other pending motions remains stayed until resolution of the limited remand. [11246275] [18-55798, 18-56478] (RT) [Entered: 03/29/2019 10:04 AM] |
| Filing 40 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 status report (as required by Court order dated 01/22/2019). Date of service: 03/22/2019 [11239087] [18-55798, 18-56478] (Rozansky, Nicholas) [Entered: 03/22/2019 12:32 PM] |
| Filing 39 Filed order (RONALD M. GOULD and RICHARD A. PAEZ) Appellant Koi Design, LLCs motion for a limited remand (Docket Entry No. [ # 35 ] in No. 18-55798) is granted. This appeal is remanded to the district court for the limited purpose of enabling the appellant to file and the district court to consider a Federal Rule of Civil Procedure 60(b) motion. Within 60 days after the date of this order or within 7 days after the district courts ruling on the Rule 60(b) motion, whichever occurs first, appellant shall file: (1) a report on the status of district court proceedings and motion for appropriate relief; or (2) the opening brief. The filing of the opening brief or the failure to file a report will terminate the limited remand. If the opening brief is filed, the answering and optional reply briefs shall be filed in accordance with the time limits set forth in Federal Rule of Appellate Procedure 31(a). Resolution of all other pending motions is stayed until resolution of the limited remand. [11161549] [18-55798, 18-56478] (RT) [Entered: 01/22/2019 01:40 PM] |
| Filing 38 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 reply to response (). Date of service: 01/21/2019. [11160157] [18-55798, 18-56478] (Gabriel, Larry) [Entered: 01/21/2019 10:09 AM] |
| Filing 37 Filed (ECF) Appellee Strategic Partners, Inc. in 18-55798, 18-56478 response to motion ([ # 35 ] Motion (ECF Filing), [ # 35 ] Motion (ECF Filing)). Date of service: 01/18/2019. [11159853] [18-55798, 18-56478] (Foss, Taylor) [Entered: 01/18/2019 04:31 PM] |
| Filing 36 Filed clerk order (Deputy Clerk: LAB): The court has received appellants emergency motion for leave to present motion to district court to vacate default and default judgment, at Docket Entry No. [ # 35 ] in appeal No. 18-55798. Any opposition to the emergency motion must be filed by January 20, 2019 at 5 p.m. Any optional reply must be filed by January 21, 2019 at 5 p.m. [11158084] [18-55798, 18-56478] (RT) [Entered: 01/17/2019 05:45 PM] |
| Filing 35 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 EMERGENCY Motion for miscellaneous relief [Emergency Motion Pursuant to FRAP 12.1(b) and Circuit Rule 27-3 for Leave to Present Motion to District Court to Vacate Default and Default Judgment]. Date of service: 01/16/2019. [11156304] [18-55798, 18-56478] (Gabriel, Larry) [Entered: 01/16/2019 05:05 PM] |
| Filing 34 Filed (ECF) Appellee Strategic Partners, Inc. in 18-55798, 18-56478 reply to response (). Date of service: 01/07/2019. [11143139] [18-55798, 18-56478] (Foss, Taylor) [Entered: 01/07/2019 10:35 AM] |
| Filing 33 Added attorney Nicholas Anton Rozansky for Koi Design, LLC, in cases 18-55798 and 18-56478. [11141584] [18-55798, 18-56478] (QDL) [Entered: 01/04/2019 11:24 AM] |
| Filing 32 Filed (ECF) notice of appearance of Nicholas A. Rozansky for Appellant Koi Design, LLC in 18-56478, 18-55798. Date of service: 01/04/2019. (Party previously proceeding without counsel: No) [11141370] [18-56478, 18-55798] (Rozansky, Nicholas) [Entered: 01/04/2019 10:06 AM] |
| Filing 31 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 response opposing motion ([ # 27 ] Motion (ECF Filing), [ # 27 ] Motion (ECF Filing)). Date of service: 12/31/2018. [11137102] [18-55798, 18-56478] (Gabriel, Larry) [Entered: 12/31/2018 11:39 AM] |
| Filing 30 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 reply to response (). Date of service: 12/31/2018. [11137091] [18-55798, 18-56478] (Gabriel, Larry) [Entered: 12/31/2018 11:34 AM] |
| Filing 29 Attorney Efrat M. Cogan in 18-55798 and 18-56478 substituted by Attorney Larry Wayne Gabriel in 18-55798 and 18-56478. [11134678] [18-55798, 18-56478] (QDL) [Entered: 12/27/2018 11:35 AM] |
| Filing 28 Filed (ECF) notice of appearance of Larry W. Gabriel for Appellant Koi Design, LLC in 18-55798, 18-56478. Substitution for Attorney Efrat M. Cogan, Esquire for Appellant Koi Design, LLC in 18-55798, 18-56478. Date of service: 12/27/2018. (Party previously proceeding without counsel: No) [11134659] [18-55798, 18-56478] (Gabriel, Larry) [Entered: 12/27/2018 11:27 AM] |
| Filing 27 Filed (ECF) Appellee Strategic Partners, Inc. in 18-55798, 18-56478 Motion for miscellaneous relief [Plaintiff-Respondent Strategic Partners, Inc.'s Motion for Order Requiring Defendant-Appellant Koi Design LLC to Post a Bond or Other Security Pending Appeal]. Date of service: 12/21/2018. [11131467] [18-55798, 18-56478] (Foss, Taylor) [Entered: 12/21/2018 03:56 PM] |
| Filing 26 Filed (ECF) Appellee Strategic Partners, Inc. in 18-55798, 18-56478 response opposing motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing)). Date of service: 12/21/2018. [11131429] [18-55798, 18-56478] (Foss, Taylor) [Entered: 12/21/2018 03:48 PM] |
| Filing 25 Filed order (EDWARD LEAVY and ANDREW D. HURWITZ) On November 28, 2018, this court granted a temporary stay of the district courts November 21, 2018 writ of execution to give appellant Koi Design, LLC an opportunity to supplement its motion with documentation supporting its claim that enforcement of the judgment will cause it irreparable harm. The court has reviewed appellants December 7, 2018 response to the courts November 28, 2018 order, appellees response thereto and appellants reply. Appellants motion to stay execution of judgment and further district court proceedings pending appeal (Docket Entry No. [ # 12 ] in No. 18-55798) is granted. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The motion for monetary sanctions against appellee, contained within Docket Entry No. [ # 8 ] in No. 18-55798, is denied without prejudice to renewing the arguments in the consolidated opening brief. Appellants urgent motion for summary reversal will be addressed by separate order. The opposition to the motion for summary reversal is due December 24, 2018. Any reply must be filed within 7 days after service of the response. The briefing schedule established previously remains in effect. [11126443] [18-55798, 18-56478] (RT) [Entered: 12/19/2018 01:40 PM] |
| Filing 24 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 reply to response (motion to supplement motion to stay lower court action). Date of service: 12/17/2018. [11124712] [18-55798, 18-56478]--[COURT ENTERED FILING to correct entry [23].] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/19/2018 by TYL] (RY) [Entered: 12/18/2018 02:24 PM] |
| Filing 23 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Motion refiled using correct filing type in Entry: [ # 24 ]. Original Text: Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 reply to response (motion to stay lower court action, , ). Date of service: 12/17/2018. [11123517] [18-55798, 18-56478] (Cogan, Efrat) [Entered: 12/17/2018 09:09 PM] |
| Filing 22 Notice of Appearance (ECF Filing) [20] is partially rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. Attorney Matthew L. Seror must file his own notice of appearance. [11122865] [18-56478, 18-55798] (RL) [Entered: 12/17/2018 02:31 PM] |
| Filing 21 Attorney A. Douglas Mastroianni substituted by Attorney Efrat M. Cogan. [11122851] [18-56478, 18-55798] (RL) [Entered: 12/17/2018 02:28 PM] |
| Filing 20 Filed (ECF) notice of appearance of Efrat M. Cogan and Matthew L. Seror for Appellant Koi Design, LLC in 18-55798, 18-56478. Substitution for Attorney A. Douglas Mastroianni for Appellants Koi Design, LLC in 18-55798, 18-56478. Date of service: 12/17/2018. (Party previously proceeding without counsel: No) [11122426] [18-55798, 18-56478]--[COURT UPDATE: Updated docket text to reflect content of filing. 12/17/2018 by SLM] (Cogan, Efrat) [Entered: 12/17/2018 11:54 AM] |
| Filing 19 Filed (ECF) Appellee Strategic Partners, Inc. in 18-56478, 18-55798 reply to response to Court order dated 11/28/2018. Date of service: 12/14/2018. [11120792] [18-56478, 18-55798]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/14/2018 by SLM] (Foss, Taylor) [Entered: 12/14/2018 11:31 AM] |
| Filing 18 Filed (ECF) Appellant Koi Design, LLC in 18-55798, 18-56478 Urgent Motion for summary reversal. Date of service: 12/13/2018. [11120244] [18-55798, 18-56478] (Mastroianni, A.) [Entered: 12/13/2018 06:36 PM] |
| Filing 17 Filed (ECF) Appellant Koi Design, LLC in 18-56478, Appellants A. Douglas Mastroianni and Koi Design, LLC in 18-55798 response to Court order dated 11/28/2018. Date of service: 12/07/2018. [11114489] [18-56478, 18-55798] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/7/2018 by TYL] (Mastroianni, A.) [Entered: 12/07/2018 04:07 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: CZ): Appellants motion (Docket Entry No. [ # 15 ] ) for an extension of time is granted in part. The following briefing schedule shall govern these consolidated appeals: the consolidated opening brief and excerpts of record are due February 11, 2019; the consolidated answering brief is due March 12, 2019; and the consolidated optional reply brief is due within 21 days after service of the consolidated answering brief. [11104005] [18-55798, 18-56478] (RT) [Entered: 11/29/2018 04:26 PM] |
| Filing 15 Filed (ECF) Appellant Koi Design, LLC in 18-56478, 18-55798 Motion to extend time to file Opening brief until 01/14/2019. Date of service: 11/28/2018. [11101764] [18-56478, 18-55798] (Mastroianni, A.) [Entered: 11/28/2018 12:48 PM] |
| Filing 14 Filed order (BARRY G. SILVERMAN and JOHN B. OWENS) Appeal Nos. 18-55798 and 18-56478 are consolidated. The court has received appellants urgent and emergency motion to stay district court proceedings pending appeal (Docket Entry Nos. [ # 8 ] and [ # 12 ] in No. 18-55798). The motion is granted temporarily, to give appellant an opportunity to supplement the motion with documentation supporting its claim that enforcement of the judgment will cause it irreparable harm. Appellant shall provide any supporting documents it wishes the court to consider by December 7, 2018. Appellee shall file a response by December 14, 2018. The district courts November 21, 2018 writ of execution is temporarily stayed until the court rules on appellants emergency motion for a stay pending appeal. [11101113] [18-55798, 18-56478] (WL) [Entered: 11/28/2018 07:15 AM] |
| Filing 13 Filed (ECF) Appellee Strategic Partners, Inc. response opposing motion ([ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 11/27/2018. [11100914] [18-55798] (Foss, Taylor) [Entered: 11/27/2018 04:18 PM] |
| Filing 12 Filed (ECF) Appellant Koi Design, LLC EMERGENCY Motion to stay lower court action. Date of service: 11/26/2018. [11098006] [18-55798] (Mastroianni, A.) [Entered: 11/26/2018 08:43 AM] |
| Filing 11 Streamlined request [10] by Appellants Koi Design, LLC and A. Douglas Mastroianni to extend time to file the brief is approved. Amended briefing schedule: Appellants Koi Design, LLC and A. Douglas Mastroianni opening brief due 11/28/2018. Appellee Strategic Partners, Inc. answering brief due 12/28/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11057722] (JN) [Entered: 10/23/2018 03:23 PM] |
| Filing 10 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Koi Design, LLC and A. Douglas Mastroianni. New requested due date is 11/23/2018. [11057348] [18-55798] (Mastroianni, A.) [Entered: 10/23/2018 01:47 PM] |
| Filing 9 Filed (ECF) Appellee Strategic Partners, Inc. response opposing motion ([ # 8 ] Motion (ECF Filing), [ # 8 ] Motion (ECF Filing)). Date of service: 10/09/2018. [11039208] [18-55798] (Foss, Taylor) [Entered: 10/09/2018 01:10 PM] |
| Filing 8 Filed (ECF) Appellant Koi Design, LLC Urgent Motion to stay lower court action. Date of service: 09/27/2018. [11027695] [18-55798] (Mastroianni, A.) [Entered: 09/27/2018 01:38 PM] |
| Filing 7 Filed order (MICHAEL DALY HAWKINS, RICHARD R. CLIFTON and N. RANDY SMITH) The court has reviewed the parties responses to this courts June 20, 2018 order to show cause why this appeal should not be dismissed for lack of jurisdiction. The $250,000 sanction payable to the court was a punitive fine constituting a criminal contempt order. Bingman v. Ward, 100 F.3d 653, 655-56 (9th Cir. 1996) (holding criminal contempt orders are appealable when entered). Accordingly, the order to show cause is discharged. Appellants request that this appeal be construed as a mandamus, contained within the response at Docket Entry No. [ # 4 ] , is denied as moot. The opening brief and excerpts of record are due October 29, 2018; the answering brief is due November 28, 2018; and the optional reply brief is due within 21 days after service of the answering brief. [11014462] (RT) [Entered: 09/17/2018 03:55 PM] |
| Filing 6 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. [10960608] (CL) [Entered: 07/31/2018 09:43 AM] |
| Filing 5 Filed (ECF) Appellee Strategic Partners, Inc. reply to response to order to show cause dated 06/20/2018. Date of service: 07/20/2018. [10949959] [18-55798] (Foss, Taylor) [Entered: 07/20/2018 11:54 AM] |
| Filing 4 Filed (ECF) Appellant Koi Design, LLC response to Court order dated 07/11/2018. Date of service: 07/11/2018. [10939190] [18-55798] (Mastroianni, A.) [Entered: 07/11/2018 09:35 PM] |
| Filing 3 Filed (ECF) Appellee Strategic Partners, Inc. Mediation Questionnaire. Date of service: 06/22/2018. [10918939] [18-55798] (Foss, Taylor) [Entered: 06/22/2018 01:09 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: SSL): A review of the record suggests that this court may lack jurisdiction over the appeal because this court lacks jurisdiction to entertain interlocutory appeals imposing sanctions against a party to ongoing litigation. McCright v. Santoki, 976 F.2d 568 (9th Cir. 1992); Stanley v. Woodford, 449 F.3d 1060, 1065 (9th Cir. 2006) (order awarding sanctions against attorney was not final decision for purposes of appeal). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [10916085] (JMR) [Entered: 06/20/2018 02:45 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/22/2018. Transcript ordered by 07/16/2018. Transcript due 08/14/2018. Appellants Koi Design, LLC and A. Douglas Mastroianni opening brief due 09/24/2018. Appellee Strategic Partners, Inc. answering brief due 10/24/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10911397] (RT) [Entered: 06/15/2018 05:38 PM] |
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