Bright Harry v. KCG Americas LLC, et al
| EDWARD W. WEDBUSH, President of Wedbush, GREG HOSTETLER, KCG Compliance Officer, COMPUTER VOICE SYSTEMS, INC., ROBERT SYLVERNE, CEO of ION, USA, CARL GILMORE, Director of KCG Futures, PAUL STURM, CEO of QST, PATRICK J. FLYNN, President of MST Wedbush Securities Inc., SCOTT WILLIAM BENZ, VP, KCG AMERICAS LLC, ANDREA PIGNATARO, CEO of ION, Global, ION TRADING, INC., WEDBUSH SECURITIES INC., MAIN STREET TRADING, INC. and DANIEL B. COLEMAN, CEO for KCG |
| BRIGHT HARRY |
| 19-15013 |
| January 3, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 46 Filed clerk order (Deputy Clerk: NA): Appellants motion to take judicial notice (Docket Entry No. [ # 45 ]) is referred to the panel that will consider the merits of this appeal. [11530709] (HC) [Entered: 12/12/2019 04:02 PM] |
| Filing 45 Filed (ECF) Appellant Bright Harry Motion to take judicial notice of Documents from the 9th Circuit for Case # 18-73070, especially DktEntry #s 10-1, 21, 23, Documents from the District Court, especially Sub-exhibits in Exhibit T21, or in the Alternative, Documents for Supplemental Brief, on Appellees' Falsities and Fraud.. Date of service: 12/05/2019. [11522976] [19-15013] (Harry, Bright) [Entered: 12/05/2019 04:00 PM] |
| Filing 44 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 45 ]. Original Text: Submitted (ECF) further excerpts of record. Submitted by Appellant Bright Harry. Date of service: 12/03/2019. [11520146] [19-15013] (Harry, Bright) [Entered: 12/03/2019 10:07 PM] |
| Filing 43 Filed 4 paper copies of excerpts of record [ # 36 ] in 1 volume (consisting of Exhibit T19 (district court docket entry No. 59), titled "Volume 1(b)") filed by Appellant Bright Harry. [11483982] (LA) [Entered: 10/30/2019 04:19 PM] |
| Filing 42 Filed 4 incomplete paper copies of excerpts of record [ # 36 ] in 1 volume filed by Appellant Bright Harry (paper copies are missing Exhibit T19 (district court docket entry No. 59) included in electronic version). [11480119] (LA) [Entered: 10/28/2019 02:11 PM] |
| Filing 41 Received 7 paper copies of Reply Brief [ # 37 ] filed by Bright Harry. [11476148] (DB) [Entered: 10/24/2019 11:19 AM] |
| Filing 40 Filed clerk order: The Court has reviewed the further excerpts of record [ # 39 ] submitted by Bright Harry. 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. [11475436] (LA) [Entered: 10/23/2019 04:40 PM] |
| Filing 39 Submitted (ECF) further excerpts of record. Submitted by Appellant Bright Harry. Date of service: 10/22/2019. [11473425] [19-15013] (Harry, Bright) [Entered: 10/22/2019 02:31 PM] |
| Filing 38 Filed clerk order: The reply brief [ # 37 ] submitted by Bright Harry 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: not applicable. The Court has reviewed the excerpts of record [ # 36 ] submitted by Bright Harry. 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. [11469337] (KWG) [Entered: 10/18/2019 10:05 AM] |
| Filing 37 Submitted (ECF) Reply Brief for review. Submitted by Appellant Bright Harry. Date of service: 10/17/2019. [11468937] [19-15013] (Harry, Bright) [Entered: 10/17/2019 11:07 PM] |
| Filing 36 Submitted (ECF) excerpts of record. Submitted by Appellant Bright Harry. Date of service: 10/17/2019. [11468899] [19-15013]--[COURT UPDATE: Combined into a single PDF. 10/18/2019 by KWG] (Harry, Bright) [Entered: 10/17/2019 07:24 PM] |
| Filing 35 Received 7 paper copies of Answering Brief [ # 23 ] filed by KCG Americas LLC, et al. [11456890] (SD) [Entered: 10/07/2019 03:58 PM] |
| Filing 34 Filed 4 paper copies of supplemental excerpts of record [ # 27 ] in 3 volume(s) filed by Appellees Computer Voice Systems, Inc., et al. [11453539] (LA) [Entered: 10/03/2019 03:42 PM] |
| Filing 33 Received 7 paper copies of Answering Brief [ # 26 ] filed by Computer Voice Systems, Inc., et al. [11453321] (SD) [Entered: 10/03/2019 02:39 PM] |
| Filing 32 Filed clerk order: The answering brief [ # 23 ] submitted by KCG Americas LLC, et al. 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 submitted to the principal office of the Clerk. [11451318] (LA) [Entered: 10/02/2019 11:19 AM] |
| Filing 31 Filed clerk order: The answering brief [ # 26 ] submitted by Computer Voice Systems, Inc., et al. 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 [ # 27 ] submitted by Computer Voice Systems, Inc., et al. 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. [11448382] (LA) [Entered: 09/30/2019 11:53 AM] |
| Filing 30 Filed 4 paper copies of supplemental excerpts of record [ # 25 ] in 5 volume(s) filed by Appellees ION Trading, Inc., et al. [11448162] (LA) [Entered: 09/30/2019 10:43 AM] |
| Filing 29 Received 7 paper copies of Answering Brief [ # 24 ] filed by ION Trading, Inc., et al.. [11447876] (SD) [Entered: 09/30/2019 09:27 AM] |
| Filing 28 Filed clerk order: The answering brief [ # 24 ] submitted by ION Trading, Inc., et al. 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 [ # 25 ] submitted by ION Trading, Inc., et al. 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. [11444795] (LA) [Entered: 09/26/2019 12:20 PM] |
| Filing 27 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Scott William Benz, Computer Voice Systems, Inc. and Paul Sturm. Date of service: 09/25/2019. [11444136] [19-15013]--[COURT UPDATE: Attached corrected PDFs. 09/30/2019 by LA] (Corcoran, Edward) [Entered: 09/25/2019 08:40 PM] |
| Filing 26 Submitted (ECF) Answering Brief for review. Submitted by Appellees Scott William Benz, Computer Voice Systems, Inc. and Paul Sturm. Date of service: 09/25/2019. [11444135] [19-15013]--[COURT UPDATE: Attached corrected PDF. 09/30/2019 by LA] (Corcoran, Edward) [Entered: 09/25/2019 08:37 PM] |
| Filing 25 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees ION Trading, Inc., Andrea Pignataro and Robert Sylverne. Date of service: 09/25/2019. [11443948] [19-15013] (Lewis, Danielle) [Entered: 09/25/2019 04:12 PM] |
| Filing 24 Submitted (ECF) Answering Brief for review. Submitted by Appellees ION Trading, Inc., Andrea Pignataro and Robert Sylverne. Date of service: 09/25/2019. [11443916] [19-15013] (Lewis, Danielle) [Entered: 09/25/2019 03:59 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees KCG Americas LLC, Daniel B. Coleman, Carl Gilmore, Greg Hostetler, Patrick J. Flynn, Main Street Trading, Inc., Edward W. Wedbush and Robert Sylverne. Date of service: 09/25/2019. [11443811] [19-15013]--[COURT UPDATE: Attached corrected brief. 10/02/2019 by LA] (Henderson, Jeffry) [Entered: 09/25/2019 03:12 PM] |
| Filing 22 Streamlined request [21] by Appellees Scott William Benz, Computer Voice Systems, Inc. and Paul Sturm to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Scott William Benz, Daniel B. Coleman, Computer Voice Systems, Inc., Patrick J. Flynn, Carl Gilmore, Greg Hostetler, ION Trading, Inc., KCG Americas LLC, Main Street Trading, Inc., Andrea Pignataro, Paul Sturm, Robert Sylverne, Edward W. Wedbush and Wedbush Securities Inc. answering brief due 09/25/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11397597] (DLM) [Entered: 08/14/2019 04:04 PM] |
| Filing 21 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Scott William Benz, Computer Voice Systems, Inc. and Paul Sturm. New requested due date is 09/06/2019. [11397032] [19-15013] (Corcoran, Edward) [Entered: 08/14/2019 11:52 AM] |
| Filing 20 Terminated Gregg Anthony Thornton for Robert Sylverne, Andrea Pignataro and ION Trading, Inc. in 19-15013 (Contact information out of date) [11384717] (TYL) [Entered: 08/01/2019 04:00 PM] |
| Filing 19 Received 7 paper copies of Opening Brief [ # 14 ] filed by Bright Harry. [11382288] (SD) [Entered: 07/31/2019 10:01 AM] |
| Filing 18 Added Attorney(s) Jeffry Henderson for party(s) Appellee Edward W. Wedbush Appellee Patrick J. Flynn Appellee Greg Hostetler Appellee KCG Americas LLC Appellee Wedbush Securities Inc. Appellee Daniel B. Coleman Appellee Main Street Trading, Inc. Appellee Carl Gilmore, in case 19-15013. [11379714] (CW) [Entered: 07/29/2019 02:03 PM] |
| Filing 17 Filed (ECF) notice of appearance of Robert B. Christie (Greenberg Traurig, LLP, Four Embarcadero Center, Suite 3000, San Francisco, CA 94111) for Appellees Daniel B. Coleman, Patrick J. Flynn, Carl Gilmore, Greg Hostetler, Main Street Trading, Inc., KCG Americas LLC, Wedbush Securities Inc. and Edward W. Wedbush. Date of service: 07/29/2019. (Party previously proceeding without counsel: No) [11379711] [19-15013] (Christie, Robert) [Entered: 07/29/2019 02:02 PM] |
| Filing 16 Filed (ECF) notice of appearance of Jeffry M. Henderson (Greenberg Traurig, LLP, Four Embarcadero Center, Ste. 3000, San Francisco, CA 94111) for Appellees KCG Americas LLC, Daniel B. Coleman, Carl Gilmore, Greg Hostetler, Main Street Trading, Inc., Patrick J. Flynn, Edward W. Wedbush and Wedbush Securities Inc.. Date of service: 07/29/2019. (Party previously proceeding without counsel: No) [11379696] [19-15013] (Henderson, Jeffry) [Entered: 07/29/2019 01:56 PM] |
| Filing 15 Filed clerk order: The opening brief [ # 14 ] submitted by Bright Harry 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: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [11377309] (LA) [Entered: 07/25/2019 05:28 PM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellant Bright Harry. Date of service: 07/25/2019. [11376575] [19-15013] (Harry, Bright) [Entered: 07/25/2019 12:06 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: SM): Appellants opposed motion (Docket Entry No. [ # 9 ]) to consolidate Nos. 19-15013 and 19-15014 is denied. Appellants motions (Docket Entry Nos. [ # 8 ] and [ # 10 ]) to stay appellate proceedings are denied. Briefing shall proceed as follows: appellants opening brief is due July 25, 2019; appellees answering brief is due August 26, 2019; and the optional reply brief is due within 21 days after service of the answering brief. [11343767] (AF) [Entered: 06/25/2019 12:34 PM] |
| Filing 12 Filed (ECF) Appellant Bright Harry reply to response (). Date of service: 06/07/2019. [11323499] [19-15013] (Harry, Bright) [Entered: 06/07/2019 01:12 PM] |
| Filing 11 Filed (ECF) Appellees ION Trading, Inc., Andrea Pignataro and Robert Sylverne response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing) motion to consolidate cases). Date of service: 05/30/2019. [11314354] [19-15013] (Lewis, Danielle) [Entered: 05/30/2019 04:25 PM] |
| Filing 10 Filed (ECF) Appellant Bright Harry Motion to stay appellate proceedings. Date of service: 05/21/2019. [11305085] [19-15013] (Harry, Bright) [Entered: 05/21/2019 08:45 PM] |
| Filing 9 Filed (ECF) Appellant Bright Harry Motion to consolidate cases 19-15013 and 19-15014. Date of service: 05/21/2019. [11305082] [19-15013] (Harry, Bright) [Entered: 05/21/2019 08:40 PM] |
| Filing 8 Filed (ECF) Appellant Bright Harry Motion to stay appellate proceedings. Date of service: 05/15/2019. [11298967] [19-15013] (Harry, Bright) [Entered: 05/15/2019 02:53 PM] |
| Filing 7 Received copy of 2nd amended notice of appeal from district court. [11288706] (CW) [Entered: 05/07/2019 08:58 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: JW): On January 8, 2019, this court issued an order staying appellate proceedings pending disposition of the motion to vacate in the district court. On April 19, 2019, the district court denied the motion. The stay order filed January 8, 2019, is lifted and this appeal shall proceed. Briefing shall proceed as follows: appellants opening brief is due June 7, 2019; appellees answering brief is due July 8, 2019; and appellants optional reply brief is due within 21 days after service of appellees brief. [11287794] (AF) [Entered: 05/06/2019 02:01 PM] |
| Filing 5 Received copy of amended notice of appeal from district court, filed 5/2/19 [11285849] (CW) [Entered: 05/03/2019 10:53 AM] |
| Filing 4 Attorney Sophia Lau substituted by Attorney Edward A. Corcoran in 19-15013 [11166246] (CW) [Entered: 01/25/2019 07:01 AM] |
| Filing 3 Filed (ECF) notice of appearance of Edward A. Corcoran for Appellees Scott William Benz, Computer Voice Systems, Inc. and Paul Sturm. Substitution for Attorney Ms. Sophia Lau for Appellees Scott William Benz, Computer Voice Systems, Inc. and Paul Sturm. Date of service: 01/25/2019. (Party previously proceeding without counsel: No) [11166234] [19-15013] (Corcoran, Edward) [Entered: 01/25/2019 06:18 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The December 26, 2018 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending September 24, 2018 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11145103] (CKP) [Entered: 01/08/2019 11:30 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Bright Harry opening brief due 03/01/2019. Appellees Scott William Benz, Daniel B. Coleman, Computer Voice Systems, Inc., Patrick J. Flynn, Carl Gilmore, Greg Hostetler, ION Trading, Inc., KCG Americas LLC, Main Street Trading, Inc., Andrea Pignataro, Paul Sturm, Robert Sylverne, Edward W. Wedbush and Wedbush Securities Inc. answering brief due 04/01/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11140224] (RT) [Entered: 01/03/2019 12:08 PM] |
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