William Holley, et al v. Techtronic Industries North Am, et al
| ONE WORLD TECHNOLOGIES, INC. and TECHTRONIC INDUSTRIES NORTH AMERICA, INC. |
| PHILLIP CALVIN and WILLIAM JEFF HOLLEY |
| 19-15062 |
| January 10, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 13 Filed clerk order (Deputy Clerk: SM): The district courts docket and response to this courts January 28, 2019 order reflect that the district court has vacated the judgment and entered an amended judgment, and that a new notice of appeal has been filed to include the amended judgment. Because this court has opened appeal No. 19-15325 from the amended judgment, appellants unopposed motion for entry of new time schedule order or assignment of new case number (Docket Entry No. [ # 12 ]) is denied as moot. Additionally, appellants state in their response to the courts January 28, 2019 order (Docket Entry No. [ # 10 ]) that they do not intend to prosecute this appeal (No. 19-15062) from the vacated judgment. Within 21 days after the date of this order, appellants shall move for voluntary dismissal of appeal No. 19-15062, or show cause why appeal No. 19-15062 should not be dismissed. If appellants do not comply with this order, the Clerk shall dismiss appeal No. 19-15062 pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11212735] (OC) [Entered: 03/01/2019 10:51 AM] |
| Filing 12 Filed (ECF) Appellants Phillip Calvin and William Jeff Holley Motion for miscellaneous relief [Unopposed Motion for Entry of New Time Schedule Order or Assignment of New Case Number]. Date of service: 02/14/2019. [11190734] [19-15062] (Hill, John) [Entered: 02/14/2019 02:29 PM] |
| Filing 11 Received copy of amended notice of appeal in the 9th Cirucit. [11183013] (RL) [Entered: 02/07/2019 03:30 PM] |
| Filing 10 Filed (ECF) Appellants Phillip Calvin and William Jeff Holley response to Court order dated 01/28/2019. Date of service: 02/06/2019. [11180718] [19-15062] (Hill, John) [Entered: 02/06/2019 10:10 AM] |
| Filing 9 MEDIATION ORDER FILED: This case is released from the Mediation Program. [11180593]--[Edited 02/06/2019 by MS] (CL) [Entered: 02/06/2019 09:23 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: SM): 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). The 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, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). The parties motion to stay appellate proceedings (Docket Entry No. [ # 3 ]) is denied as moot.Within 7 days after the district courts ruling on the pending motion, appellants shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellants 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. [11169762] (OC) [Entered: 01/28/2019 03:05 PM] |
| Filing 7 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 01/31/2019, 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... [11157240] (VS) [Entered: 01/17/2019 11:49 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 01/16/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11155445] (AD) [Entered: 01/16/2019 12:44 PM] |
| Filing 5 Added attorney Jeffrey Reed Williams for Techtronic Industries North America, Inc. One World Technologies, Inc.. [11154996] (RL) [Entered: 01/16/2019 10:09 AM] |
| Filing 4 Filed (ECF) Appellants Phillip Calvin and William Jeff Holley Mediation Questionnaire. Date of service: 01/16/2019. [11154875] [19-15062] (Hill, John) [Entered: 01/16/2019 09:44 AM] |
| Filing 3 Filed (ECF) Appellants Phillip Calvin and William Jeff Holley Motion to stay appellate proceedings. Date of service: 01/15/2019. [11153784] [19-15062] (Hill, John) [Entered: 01/15/2019 01:02 PM] |
| Filing 2 Filed (ECF) notice of appearance of Jeffrey Reed Williams for Appellees One World Technologies, Inc. and Techtronic Industries North America, Inc.. Date of service: 01/14/2019. (Party previously proceeding without counsel: No) [11152512] [19-15062] (Williams, Jeffrey) [Entered: 01/14/2019 03:22 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/17/2019. Transcript ordered by 02/08/2019. Transcript due 03/11/2019. Appellants Phillip Calvin and William Jeff Holley opening brief due 04/19/2019. Appellees One World Technologies, Inc. and Techtronic Industries North America, Inc. answering brief due 05/20/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11149304] (RT) [Entered: 01/10/2019 05:02 PM] |
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