Kimsaprincess, Inc., et al v. Hillair Capital Management LLC, et al
| 2DIE4KOURT, a California corporation, KHLOMONEY, INC., a California corporation, KIM KARDASHIAN WEST, an individual, KOURTNEY KARDASHIAN, an individual, KIMSAPRINCESS, INC., a California corporation and KHLOE KARDASHIAN, an individual |
| HAVEN BEAUTY, INC., a Delaware corporation, HILLAIR CAPITAL MANAGEMENT, LLC, a Delaware Limited Liability Company and HILLAIR CAPITAL INVESTMENTS, LP, a Cayman Islands Limited Partnership |
| 19-55618 |
| May 30, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - Arbitration |
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| Filing 11 MANDATE ISSUED. (KMW, JHN and ADH) [11459048] (RR) [Entered: 10/09/2019 09:59 AM] |
| Filing 10 Filed order (KIM MCLANE WARDLAW, JACQUELINE H. NGUYEN and ANDREW D. HURWITZ): We have reviewed the responses to the courts June 7, 2019 order. We conclude that we lack jurisdiction over this appeal because the district courts May 21, 2019 remand order was based on a defect in removal procedure and appellees motion to remand was filed within 30 days of appellants notice of removal. See 28 U.S.C. 1447(c); Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 (1995) (holding remand order not reviewable because motion to remand filed within 30 days of removal). Accordingly, we dismiss this appeal for lack of jurisdiction. See Atlantic Nat. Trust, LLC v. Mt. Hawley Ins. Co., 621 F.3d 931, 932 & 935 (9th Cir. 2010) (holding that the court lacks appellate jurisdiction to review a federal district court order remanding a case to state court based on a ground colorably characterized as a defect for purposes of 28 U.S.C. 1447(c)). DISMISSED. [11433885] (AF) [Entered: 09/17/2019 10:16 AM] |
| Filing 9 Filed (ECF) Appellants Haven Beauty, Inc., Hillair Capital Investments, LP and Hillair Capital Management, LLC reply to response to order to show cause dated 06/07/2019. Date of service: 07/10/2019. [11359331] [19-55618] (Fayer, Gregory) [Entered: 07/10/2019 12:24 PM] |
| Filing 8 Filed (ECF) Appellees 2Die4Kourt, Kim Kardashian West, Khloe Kardashian, Kourtney Kardashian, Khlomoney, Inc. and Kimsaprincess, Inc. response to order to show cause dated 06/07/2019. Date of service: 07/08/2019. [11357214] [19-55618] (Steinsapir, Jonathan) [Entered: 07/08/2019 05:21 PM] |
| Filing 7 Filed (ECF) Appellants Haven Beauty, Inc., Hillair Capital Investments, LP and Hillair Capital Management, LLC response to order to show cause dated 06/07/2019. Date of service: 06/28/2019. [11348222] [19-55618] (Fayer, Gregory) [Entered: 06/28/2019 10:17 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: SZ): A review of the record suggests that this court may lack jurisdiction over the appeal because an order remanding a removed action to state court for lack of subject matter jurisdiction is not reviewable on appeal or otherwise under 28 U.S.C. 1447(d). See 28 U.S.C. 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 (1995); Kunzi v. Pan Am. World Airways, Inc., 833 F.2d 1291, 1293 (9th Cir. 1987). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of this 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. [11323209] (AF) [Entered: 06/07/2019 10:29 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 06/06/2019. 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.[11322871] (AD) [Entered: 06/06/2019 06:44 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 06/06/2019. 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.[11322870] (AD) [Entered: 06/06/2019 06:44 PM] |
| Filing 3 Filed (ECF) Appellants Haven Beauty, Inc., Hillair Capital Investments, LP and Hillair Capital Management, LLC Mediation Questionnaire. Date of service: 06/06/2019. [11322840] [19-55618] (Fayer, Gregory) [Entered: 06/06/2019 05:43 PM] |
| Filing 2 Filed (ECF) Appellees Kimsaprincess, Inc., Khlomoney, Inc., Kourtney Kardashian, Khloe Kardashian, Kim Kardashian West and 2Die4Kourt Mediation Questionnaire. Date of service: 06/06/2019. [11322763] [19-55618] (Steinsapir, Jonathan) [Entered: 06/06/2019 04:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/06/2019. Transcript ordered by 06/28/2019. Transcript due 07/29/2019. Appellants Haven Beauty, Inc., Hillair Capital Investments, LP and Hillair Capital Management, LLC opening brief due 09/06/2019. Appellees 2Die4Kourt, Khloe Kardashian, Kourtney Kardashian, Kim Kardashian West, Khlomoney, Inc. and Kimsaprincess, Inc. answering brief due 10/07/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11313004] (JBS) [Entered: 05/30/2019 09:18 AM] |
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