Mark Smith, et al v. Nerium International, LLC, et al
| TAMMY SMITH, an individual and MARK SMITH |
| DOES, 1 through 10, inclusive, JO PRODUCTS, LLC, a limited liability company, NERIUM INTERNATIONAL, LLC, a limited liability company, DEBORAH K. HEISZ, JEFF OLSON, an individual and BO SHORT |
| 19-80177 |
| December 20, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 13 Filed order (MARY H. MURGUIA, JOHN B. OWENS and MARK J. BENNETT) The amended petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is denied. The alternate request for a writ of mandamus is denied. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977). The emergency motion to expedite is denied as moot. DENIED. [11671113] (JMR) [Entered: 04/24/2020 01:23 PM] |
| Filing 12 Filed (ECF) Petitioners Mark Smith and Tammy Smith EMERGENCY Motion to expedite case. Date of service: 04/23/2020. [11670308] [19-80177] (Bohm, James) [Entered: 04/23/2020 04:55 PM] |
| Filing 11 Filed (ECF) Respondents Nerium International, LLC and Jeff Olson answer to 1292b petition. Date of service: 03/13/2020. [11629391] [19-80177] (Latin, Monica) [Entered: 03/13/2020 01:04 PM] |
| Filing 10 Filed (ECF) Petitioners Mark Smith and Tammy Smith amended petition for permission to appeal. Date of service: 02/28/2020 [11616039] --[COURT ENTERED FILING to correct entry [9] .] (TYL) [Entered: 03/03/2020 09:38 AM] |
| Filing 9 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 10 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Petitioners Mark Smith and Tammy Smith. Date of service: 02/28/2020. [11613702] [19-80177] (Bohm, James) [Entered: 02/28/2020 05:54 PM] |
| Filing 8 Filed order (RONALD M. GOULD and PAUL J. WATFORD) Respondents argue that this court lacks jurisdiction over this petition as the petition was not filed within ten days of the entry of the district court order sought to be appealed. See 28 U.S.C. 1292(b). A review of the record, however, reveals that the petition was filed ten days after entry of the order. This court therefore has jurisdiction over the petition. Petitioners amended petition, however, fails to comply with the 20-page limit contained in Ninth Circuit Rule 5.2(b). Excluding the materials listed in Federal Rule of Appellate Procedure 5(b)(1)(E) and 32(f), the petition is over 30 pages long (whether looking solely at number of pages or using the page/word count conversion allowed by 9th Circuit Rule 32-3). Despite this, petitioners counsel certified to this court that the petition was less than 20 pages. Accordingly, we strike petitioners amended petition. Within seven days of this order, petitioners may file an amended petition which fully complies with this courts rules. Within 14 days of petitioners filing a compliant petition, respondents shall file either a replacement answer or a notice to the court that they wish to stand on their original answer. Counsel for petitioners is admonished to comply with this courts rules in future filings. [11611820] (JMR) [Entered: 02/27/2020 04:36 PM] |
| Filing 7 Filed (ECF) Respondents Nerium International, LLC and Jeff Olson answer to 1292b petition. Date of service: 01/13/2020. [11560185] [19-80177] (Latin, Monica) [Entered: 01/13/2020 02:36 PM] |
| Filing 6 Added Attorney(s) Ken Carroll for party(s) Respondent Nerium International, LLC and Respondent Jeff Olson, in case 19-80177. [11559010] (QDL) [Entered: 01/13/2020 08:41 AM] |
| Filing 5 Filed (ECF) notice of appearance of Kenneth Edwin Carroll (Carrington Coleman Sloman & Blumenthal, LLP, 901 Main Street, Suite 5500, Dallas, Texas 75202) for Respondents Nerium International, LLC and Jeff Olson. Date of service: 01/13/2020. (Party was previously proceeding with counsel.) [11558999] [19-80177] (Carroll, Ken) [Entered: 01/13/2020 08:37 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: KWH): Respondents motion for an extension of time to file a response to Petitioners 28 U.S.C. 1292(b) petition (Docket Entry No. [ # 3 ]) is granted. The response is due January 13, 2020. [11542450] (JMR) [Entered: 12/23/2019 02:32 PM] |
| Filing 3 Filed (ECF) Respondents Jo Products, LLC, Nerium International, LLC and Jeff Olson Motion for miscellaneous relief [Motion to extend time to file an answer to amended petition for permission to appeal]. Date of service: 12/23/2019. [11541911] [19-80177] --[COURT UPDATE: Updated docket text to reflect content of filing. 12/23/2019 by TYL] (Latin, Monica) [Entered: 12/23/2019 11:34 AM] |
| Filing 2 Filed (ECF) Petitioners Mark Smith and Tammy Smith amended petition for permission to appeal. Date of service: 12/20/2019 [11540862] [19-80177]--[Edited docket text to reflect content of filing. 12/20/2019 by QDL] (Bohm, James) [Entered: 12/20/2019 04:31 PM] |
| Filing 1 FILED ON 12/20/2019 PETITION FOR PERMISSION TO APPEAL PURSUANT TO RULE 1292(b). SERVED ON 12/20/2019. [11539851] (JBS) [Entered: 12/20/2019 11:49 AM] |
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