Softketeers, Inc. v. Regal West Corporation, et al
| DON MAI INC., California corporations, RAND NEEVES, VU HO, THAI TRAN INC., THAI QUOC TRAN, VU HO INC., REGAL WEST CORPORATION, a Washington corporation, DBA Regal Logistics, DON MAI and TRUNG NGOC DOAN, individual |
| SOFTKETEERS, INC., a California corporation |
| 19-55529 |
| May 8, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| SOFTKETEERS, INC. V. REGAL WEST CORP. |
Docket Report
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This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 Filed four paper copies of excerpts of record [ # 28 ], [36] in 5 volume(s) (Volume 5 UNDER SEAL) filed by Appellants. [11345731] (GV) [Entered: 06/26/2019 03:09 PM] |
| Filing 41 Received 7 paper copies of Opening Brief [35] filed UNDER SEAL by appellants. [11344397] (SD) [Entered: 06/25/2019 04:07 PM] |
| Filing 40 Filed clerk order (Deputy Clerk: th): Granting the Appellee's Motion [ # 39 ] (ECF Filing) for a 5-day extension of time to file the answering brief. Appellee Softketeers, Inc. answering brief due 07/08/2019. The optional reply brief is due 21 days after service of the answering brief. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). [11343157] (TH) [Entered: 06/25/2019 08:16 AM] |
| Filing 39 Filed (ECF) Appellee Softketeers, Inc. Motion to extend time to file Answering brief until 07/08/2019. Date of service: 06/21/2019. [11340165] [19-55529] (Sears, Lannie) [Entered: 06/21/2019 09:29 AM] |
| Filing 38 Filed clerk order: The redacted opening brief [ # 27 ] submitted by appellants is filed. No paper copies are required at this time. [11337972] (KT) [Entered: 06/19/2019 04:31 PM] |
| Filing 37 Filed clerk order: The opening brief [35] submitted by appellants is filed UNDER SEAL. 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 Court has reviewed the excerpts of record [ # 28 ], [36] submitted by appellants. 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. [11337970] (KT) [Entered: 06/19/2019 04:30 PM] |
| Filing 36 Submitted (ECF) UNDER SEAL excerpts of record Vol 5. Submitted by Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc.. Date of service: 06/05/2019. (Court-entered filing, excerpts of record originally submitted in [29].) [11337832] (WL) [Entered: 06/19/2019 03:36 PM] |
| Filing 35 Submitted (ECF) UNDER SEAL Unredacted Opening Brief for review. Submitted by Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc.. Date of service: 06/05/2019. (Court-entered filing, brief originally submitted in [29].) [11337830] (WL) [Entered: 06/19/2019 03:35 PM] |
| Filing 34 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [29]) to file the unredacted opening brief and Volume 5 of the excerpts of record under seal is granted. The Clerk shall publicly file the motion, the redacted opening brief, and Volumes 1 through 4 of the excerpts of record, and shall file the unredacted brief and Volume 5 under seal. Appellants unopposed motion (Docket Entry No. [30]) to maintain under seal Exhibit B to appellees opposition to motion to stay, submitted at Docket Entry No. [20] with a notice of intent to unseal, is granted. The Clerk shall publicly file the notice and shall maintain the exhibit under seal. The existing briefing schedule shall continue in effect. (Sealed Documents) [11337827] (WL) [Entered: 06/19/2019 03:34 PM] |
| Filing 33 Filed Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc. motion to maintain under seal Exhibit B to appellees opposition to motion to stay Deficiencies: None. Served on 06/07/2019. (Court-entered filing of motion submitted under seal at [30]) [11337820] (WL) [Entered: 06/19/2019 03:33 PM] |
| Filing 32 Filed Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc. motion to file the unredacted opening brief and Volume 5 of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 06/05/2019. (Court-entered filing of motion submitted under seal at [29]) [11337806] (WL) [Entered: 06/19/2019 03:29 PM] |
| Filing 31 Filed (ECF) notice of filing document ([20]) publicly pursuant to Interim Circuit Rule 27-13(f). Filed by Appellee Softketeers, Inc.. Date of service: 05/17/2019. (Court-entered filing) [11337798] (WL) [Entered: 06/19/2019 03:27 PM] |
| Filing 30 Filed (ECF) UNDER SEAL Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc. and Vu Ho Inc. motion to maintain document under seal. Date of service: 06/07/2019. [11323452] [19-55529] (Schoenhard, Paul) [Entered: 06/07/2019 12:29 PM] |
| Filing 29 Filed (ECF) UNDER SEAL Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc. motion to file document under seal and submit sealed document. Type of document: brief (excerpts of record). Date of service: 06/05/2019. [11320868] [19-55529] (Schoenhard, Paul) [Entered: 06/05/2019 02:35 PM] |
| Filing 28 Submitted (ECF) excerpts of record. Submitted by Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc.. Date of service: 06/05/2019. [11320849] [19-55529] (Schoenhard, Paul) [Entered: 06/05/2019 02:27 PM] |
| Filing 27 Submitted (ECF) Opening Brief for review. Submitted by Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc.. Date of service: 06/05/2019. [11320834] [19-55529]--[COURT UPDATE: Attached corrected pdf. 06/06/2019 by LA] (Schoenhard, Paul) [Entered: 06/05/2019 02:22 PM] |
| Filing 26 Received copy of amended notice of appeal from district court. [11320528] (RR) [Entered: 06/05/2019 12:04 PM] |
| Filing 25 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11319308] (BS) [Entered: 06/04/2019 01:48 PM] |
| Filing 24 Filed order (EDWARD LEAVY and CONSUELO M. CALLAHAN) The emergency motion (Docket Entry Nos. [ # 14 ]-1 & [ # 15 ]-2) to stay pending appeal the district courts May 6, 2019 preliminary injunction order is denied. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The motion to file under seal portions of the emergency motion to stay preliminary injunction and certain supporting exhibits, and the motion to file under seal portions of the reply in support of the emergency stay motion (Docket Entry Nos. [ # 15 ] & [23]-1) are granted. See Interim 9th Cir. R. 27-13. The Clerk shall publicly file the public versions of the emergency motion to stay preliminary injunction, Exhibits 15, 16, and 17 thereto, and the reply in support of the emergency stay motion (Docket Entry Nos. [ # 14 ]-1, [ # 14 ]-16, [ # 14 ]-17, [ # 14 ]-18 & [ # 22 ]), but shall maintain under seal the unredacted versions of the emergency motion to stay preliminary injunction, Exhibits 15, 16, and 17 thereto, and the reply in support of the emergency stay motion (Docket Entry Nos. [ # 15 ]-2, [ # 15 ]-3, [ # 15 ]-4, [ # 15 ]-5 & [23]-2). The motion to file under seal portions of the opposition to the emergency motion to stay preliminary injunction (Docket Entry No. [19]-1) is granted. See Interim 9th Cir. R. 27-13. The Clerk shall publicly file the public version of the opposition (Docket Entry No. [ # 18 ]-1), but shall maintain under seal the unredacted version of the opposition (Docket Entry No. [19]-2). The briefing schedule established previously remains in effect. [11304765] (WL) [Entered: 05/21/2019 03:17 PM] |
| Filing 23 Filed (ECF) UNDER SEAL Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc. motion to file document under seal and submit sealed document. Type of document: other (Reply in Support of Motion). Date of service: 05/20/2019. [11302226] [19-55529] (Schoenhard, Paul) [Entered: 05/20/2019 08:36 AM] |
| Filing 22 Filed (ECF) Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc. reply to response (). Date of service: 05/20/2019. [11302214] [19-55529]--[COURT UPDATE: Attached corrected PDF of reply (cover). 05/20/2019 by RY] (Schoenhard, Paul) [Entered: 05/20/2019 08:32 AM] |
| Filing 21 Filed (ECF) Appellee Softketeers, Inc. Correspondence: Errata certificate of compliance. Date of service: 05/19/2019. [11302120] [19-55529] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 5/21/2019 by TYL] (Sears, Lannie) [Entered: 05/19/2019 07:30 PM] |
| Filing 20 Filed (ECF) UNDER SEAL Appellee Softketeers, Inc. notice of intent to unseal previously sealed material. Material: other (Exhibit B to Plaintiff-AppelleesOpposition to Defendants-Appellants Emergency Motion to Stay, titled Declaration of Randy Neeves in Support of Defendants' Ex Parte Application to Stay Preliminary Injunction and Ex Parte App,),SKIP). Date of service: 05/17/2019. [11301730] [19-55529] (Sears, Lannie) [Entered: 05/17/2019 02:57 PM] |
| Filing 19 Filed (ECF) UNDER SEAL Appellee Softketeers, Inc. motion to file document under seal and submit sealed document. Type of document: other (PLAINTIFF-APPELLEE'S OPPOSITION TO DEFENDANTS-APPELLANT'S EMERGENCY MOTION TO STAY). Date of service: 05/17/2019. [11301709] [19-55529] (Sears, Lannie) [Entered: 05/17/2019 02:51 PM] |
| Filing 18 Filed (ECF) Appellee Softketeers, Inc. response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 05/17/2019. [11301702] [19-55529] (Sears, Lannie) [Entered: 05/17/2019 02:48 PM] |
| Filing 17 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 06/04/2019, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11301277] (BS) [Entered: 05/17/2019 11:29 AM] |
| Filing 16 Filed clerk order (Deputy Clerk: AL): The court has received appellants emergency motion to stay the district courts preliminary injunction under Circuit Rule 27-3, filed on May 15, 2019. Appellees response to the emergency motion is due May 17, 2019 at 3:00 p.m. PDT. Appellants optional reply is due May 20, 2019 at 9:00 a.m. PDT. The briefing schedule established previously remains in effect. [11299780] (WL) [Entered: 05/16/2019 10:26 AM] |
| Filing 15 Filed (ECF) UNDER SEAL Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc. motion to file document under seal and submit sealed document. Type of document: other (motion and exhibits). Date of service: 05/15/2019. [11299419] [19-55529]--[COURT UPDATE: Attached PDF of certificate of service. 05/17/2019 by RY] (Schoenhard, Paul) [Entered: 05/15/2019 07:00 PM] |
| Filing 14 Filed (ECF) Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc. EMERGENCY Motion to stay lower court action. Date of service: 05/15/2019. [11299417] [19-55529] (Schoenhard, Paul) [Entered: 05/15/2019 06:53 PM] |
| Filing 13 The Mediation Questionnaire for this case was filed on 05/13/2019. 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.[11296024] (AD) [Entered: 05/13/2019 06:44 PM] |
| Filing 12 The Mediation Questionnaire for this case was filed on 05/13/2019. 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.[11296012] (AD) [Entered: 05/13/2019 06:44 PM] |
| Filing 11 Added attorney Mary Hallerman for Rand Neeves Thai Quoc Tran Don Mai Vu Ho Inc. Don Mai Inc. Vu Ho Thai Tran Inc. Trung Ngoc Doan Regal West Corporation, in case 19-55529. [11295889] (RR) [Entered: 05/13/2019 04:37 PM] |
| Filing 10 Filed (ECF) Appellee Softketeers, Inc. Mediation Questionnaire. Date of service: 05/13/2019. [11295709] [19-55529] (Sears, Lannie) [Entered: 05/13/2019 03:39 PM] |
| Filing 9 Filed (ECF) notice of appearance of Lannie Rex Sears for Appellee Softketeers, Inc.. Substitution for Attorney Lannie Rex Sears for Appellee Softketeers, Inc.. Date of service: 05/13/2019. (Party previously proceeding without counsel: No) [11295704] [19-55529] (Sears, Lannie) [Entered: 05/13/2019 03:37 PM] |
| Filing 8 Filed (ECF) notice of appearance of Mary Declan Hallerman for Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc.. Date of service: 05/13/2019. (Party previously proceeding without counsel: No) [11295573] [19-55529] (Hallerman, Mary) [Entered: 05/13/2019 03:01 PM] |
| Filing 7 Filed (ECF) Appellants Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Regal West Corporation, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc. Mediation Questionnaire. Date of service: 05/13/2019. [11295108] [19-55529] (Schoenhard, Paul) [Entered: 05/13/2019 01:05 PM] |
| Filing 6 Added attorney Sarah Hogarth for Rand Neeves Thai Quoc Tran Don Mai Vu Ho Inc. Don Mai Inc. Vu Ho Thai Tran Inc. Trung Ngoc Doan Regal West Corporation, in case 19-55529. [11293486] (NAC) [Entered: 05/10/2019 01:10 PM] |
| Filing 5 Added attorney Nicole M. Jantzi for Rand Neeves Thai Quoc Tran Don Mai Vu Ho Inc. Don Mai Inc. Vu Ho Thai Tran Inc. Trung Ngoc Doan Regal West Corporation, in case 19-55529. [11293475] (NAC) [Entered: 05/10/2019 01:07 PM] |
| Filing 4 Filed (ECF) notice of appearance of Sarah P. Hogarth for Appellants Regal West Corporation, Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc.. Date of service: 05/10/2019. (Party previously proceeding without counsel: No) [11293472] [19-55529] (Hogarth, Sarah) [Entered: 05/10/2019 01:07 PM] |
| Filing 3 Filed (ECF) notice of appearance of Nicole M. Jantzi for Appellants Regal West Corporation, Trung Ngoc Doan, Don Mai Inc., Vu Ho, Don Mai, Rand Neeves, Thai Tran Inc., Thai Quoc Tran and Vu Ho Inc.. Date of service: 05/10/2019. (Party previously proceeding without counsel: No) [11293456] [19-55529] (Jantzi, Nicole) [Entered: 05/10/2019 01:02 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed May 8, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than June 5, 2019; the answering brief is due July 3, 2019 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11292398] (WL) [Entered: 05/09/2019 02:16 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction, C.R. 3-3. [11291097] (JBS) [Entered: 05/08/2019 03:08 PM] |
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