Joseph Padgett v. A. Wright, et al
| THE LAW FIRM OF KALLIS & ASSOCIATES, P.C, BUSTAMANTE & GAGLIASSO, P.C. and THE LAW FIRM OF KALLIS & ASSOCIATES, P.C., Rights assigned to Joseph Padgett, per July 30, 2019 Western District of Washington Bankruptcy Court Order. |
| A. CURTIS WRIGHT |
| JOSEPH PADGETT |
| 19-17268 |
| November 7, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 24, 2019. A more recent docket listing may be available from PACER.
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| Filing 18 Filed (ECF) Appellant Joseph Padgett response to Court order dated 12/03/2019. Date of service: 12/24/2019. [11543292] [19-17268]--[COURT UPDATE: Edited docket text to reflect content of filing. 12/24/2019 by QDL] (Torbet, Hugo) [Entered: 12/24/2019 10:42 AM] |
| Filing 17 Filed (ECF) Appellee Bustamante & Gagliasso, P.C. Motion for miscellaneous relief [Request for clarification of clerk's order dated December 3, 2019]. Date of service: 12/09/2019. [11525277]--[COURT ENTERED FILING to correct entry [16].] (SLM) [Entered: 12/09/2019 11:10 AM] |
| Filing 16 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 17 ]. Original Text: Filed (ECF) Appellee Bustamante & Gagliasso, P.C. response to Court order dated 12/03/2019. Date of service: 12/09/2019. [11525135] [19-17268] (Gagliasso, Robert) [Entered: 12/09/2019 10:23 AM] |
| Filing 15 Filed clerk order (Deputy Clerk: AC): This appeal challenges the district courts October 7, 2019 order concluding that the award of fees to [movants-appellees] rather than to [appellant] was justified, and reinstating a March 31, 2015 award of fees to movants-appellees. On November 21, 2019, this court received appellants notice that he is now the assignee of all legal and equitable rights herein of The Law Firm of Kallis & Associates, P.C. pursuant to an order of the United States Bankruptcy Court for the Western District of Washington. The Clerk has updated the docket to reflect that the rights of movant-appellee the Law Firm of Kallis & Associates, P.C., (Kallis) have been assigned to appellant. This court may lack jurisdiction over this appeal as to Kallis, however, because appellant and Kallis do not appear to be adverse. See, e.g., Hillblom v. United States, 896 F.2d 426, 430 (9th Cir. 1990) (a justiciable controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests (internal citations omitted)); see also Princeton Univ. v. Schmid, 455 U.S. 100, 102 (1982) (We do not sit to decide hypothetical issues or to give advisory opinions about issues as to which there are not adverse parties before us.); Village of Gambell v. Babbitt, 999 F.2d 403, 406 (9th Cir. 1993) (A claim is moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome. (internal citations omitted)). Within 21 days after the date of this order, appellant shall voluntarily dismiss this appeal as to Kallis or show cause why the appeal as to Kallis should not be dismissed for lack of jurisdiction. Briefing is suspended pending further court order. [11519744] (JBS) [Entered: 12/03/2019 03:01 PM] |
| Filing 14 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. [11514153] (BLS) [Entered: 11/27/2019 08:26 AM] |
| Filing 13 Filed Appellant Joseph Padgett Notice of rights of the Law Firm of Kallis & Associates. Paper filing deficiency: None. Served on 11/19/2019. [11512735] (QDL) [Entered: 11/26/2019 10:18 AM] |
| Filing 12 Filed clerk order (Deputy Clerk: SSR): Appellants opposed motion (Docket Entry No. [ # 2 ]) to consolidate is denied. Nos. 19-16383 and 19-17268 will proceed separately but will be calendared before the same panel assigned to consider the merits of these appeals. The opening brief remains due February 12, 2020. The answering brief is due March 13, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11506843] (JBS) [Entered: 11/21/2019 10:29 AM] |
| Filing 11 Terminated Steven Michael Berki for The Law Firm of Kallis & Associates, P.C in 19-17268 (Due to incorrect ECF account information). [11502296] (SLM) [Entered: 11/18/2019 01:03 PM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 11/18/2019. 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.[11502253]. [19-17268] (AD) [Entered: 11/18/2019 12:44 PM] |
| Filing 9 Filed (ECF) Appellant Joseph Padgett Mediation Questionnaire. Date of service: 11/18/2019. [11501486] [19-17268] (Torbet, Hugo) [Entered: 11/18/2019 07:54 AM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 11/15/2019. 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.[11500561]. [19-17268] (AD) [Entered: 11/15/2019 12:44 PM] |
| Filing 7 Filed (ECF) Appellee Bustamante & Gagliasso, P.C. Mediation Questionnaire. Date of service: 11/15/2019. [11500360] [19-17268] (Gagliasso, Robert) [Entered: 11/15/2019 11:03 AM] |
| Filing 6 Attorney Steven Michael Berki in 19-17268 substituted by Attorney Robert Gagliasso in 19-17268 [11499783] (RR) [Entered: 11/14/2019 04:51 PM] |
| Filing 5 Filed (ECF) notice of appearance of Robert Mario Gagliasso (Bustamante & Gagliasso, P.C.) for Appellee Bustamante & Gagliasso, P.C.. Substitution for Attorney Mr. Steven Michael Berki for Appellees Bustamante & Gagliasso, P.C. and The Law Firm of Kallis & Associates, P.C. Date of service: 11/14/2019. (Party was previously proceeding pro se.) [11499711] [19-17268] (Gagliasso, Robert) [Entered: 11/14/2019 04:28 PM] |
| Filing 4 Filed (ECF) Appellant Joseph Padgett reply to response (). Date of service: 11/14/2019. [11498791] [19-17268] (Torbet, Hugo) [Entered: 11/14/2019 10:33 AM] |
| Filing 3 Filed (ECF) Appellee A. Curtis Wright response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 11/12/2019. [11496049] [19-17268] (Master, Todd) [Entered: 11/12/2019 12:46 PM] |
| Filing 2 Filed (ECF) Appellant Joseph Padgett Motion to consolidate cases 19-16383, 19-17268. Date of service: 11/07/2019. [11492294] [19-17268] (Torbet, Hugo) [Entered: 11/07/2019 10:30 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Joseph Padgett Mediation Questionnaire due on 11/14/2019. Transcript ordered by 12/04/2019. Transcript due 01/03/2020. Appellant Joseph Padgett opening brief due 02/12/2020. Appellees Bustamante & Gagliasso, P.C., The Law Firm of Kallis & Associates, P.C and A. Curtis Wright answering brief due 03/13/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11492191] (JBS) [Entered: 11/07/2019 09:58 AM] |
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