Philadelphia Indemnity Ins. Co v. Ohana Control Systems, Inc., et al
| PHILADELPHIA INDEMNITY INSURANCE COMPANY, a Pennsylvania corporation |
| AMIR BOROCHOV, OHANA CONTROL SYSTEMS, INC., A Hawaii corporation and LINDA KINJO |
| 20-16096 |
| June 4, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.
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| Filing 12 Filed order MEDIATION (RGA): A dial-in telephone conference, with counsel for appellants only, will be held on August 27, 2020, at 2:00 p.m. Pacific Time. A dial-in telephone conference, with counsel for appellee only, will be held on August 27, 2020, at 3:00 p.m. Pacific Time. Each participant will receive an email with dial-in information. The briefing schedule previously set by the court is amended as follows: appellants' opening brief is due October 5, 2020; appellee's answering brief is due November 4, 2020; appellant's optional reply brief is due within 21 days from the service date of the answering brief. [11773225] (RT) [Entered: 07/31/2020 12:21 PM] |
| Filing 11 Filed (ECF) notice of appearance of Mark Kawata (Mark S. Kawata1221 Kapiolani Blvd 808 Honolulu, Hawaii 96814) for Appellant Linda Kinjo. Substitution for Attorney Mark S. Kawata for Appellants Amir Borochov and Ohana Control Systems, Inc.. Date of service: 07/30/2020. (Party was previously proceeding with counsel.) [11772032] [20-16096] (Kawata, Mark) [Entered: 07/30/2020 01:26 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: LCC): A review of the record reflects that the district court has denied the motion for a new trial and that an amended notice of appeal has been filed to include the order denying the motion. Accordingly, the notice of appeal is so amended, and this appeal shall proceed. The opening brief and excerpts of record are due September 8, 2020; the answering brief is due October 8, 2020; and the optional reply brief is due within 21 days after service of the answering brief. [11744935] (AF) [Entered: 07/07/2020 03:27 PM] |
| Filing 9 Received copy of amended notice of appeal from district court. [11740664] (NAC) [Entered: 07/02/2020 09:30 AM] |
| Filing 8 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a dial-in telephone assessment conference with counsel at the date and time indicated above to explore settlement potential. Each participant on the attached list will receive an email with dial-in information. If there are any changes or additions to the list, please notify the Mediation Office at mediation@ca9.uscourts.gov. Also, please notify Circuit Mediator Roxane G. Ashe immediately by email (roxane_ashe@ca9.uscourts.gov) if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All communications should include the Ninth Circuit case number in the subject line. All discussions that take place in the context of the assessment conference are confidential. See Circuit Rule 33-1. For more detailed information about the assessment conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. [11736756] (RT) [Entered: 06/29/2020 02:42 PM] |
| Filing 7 MEDIATION ORDER FILED: By 06/24/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. SEE ORDER FOR DETAILS. [11717404] (VS) [Entered: 06/10/2020 11:54 AM] |
| Filing 6 Added Attorney(s) Roy T. Ogawa for party(s) Appellee Philadelphia Indemnity Insurance Company, in case 20-16096. [11716416] (NAC) [Entered: 06/09/2020 03:35 PM] |
| Filing 5 Filed (ECF) notice of appearance of Roy T. Ogawa (Ogawa Lau Nakamura & Jew, 707 Richards Street Suite 600, Honolulu HI 96813) for Appellee Philadelphia Indemnity Insurance Company. Date of service: 06/09/2020. (Party was previously proceeding with counsel.) [11716381] [20-16096] (Ogawa, Roy) [Entered: 06/09/2020 03:18 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 06/09/2020. 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.[11715970]. [20-16096] (AD) [Entered: 06/09/2020 12:44 PM] |
| Filing 3 Filed (ECF) Appellants Amir Borochov, Linda Kinjo and Ohana Control Systems, Inc. Mediation Questionnaire. Date of service: 06/09/2020. [11715850] [20-16096] (Kawata, Mark) [Entered: 06/09/2020 11:51 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): 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 Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). 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. [11712525] (TSP) [Entered: 06/05/2020 12:13 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Amir Borochov, Linda Kinjo and Ohana Control Systems, Inc. Mediation Questionnaire due on 06/11/2020. Transcript ordered by 06/25/2020. Transcript due 07/27/2020. Appellants Amir Borochov, Linda Kinjo and Ohana Control Systems, Inc. opening brief due 09/03/2020. Appellee Philadelphia Indemnity Insurance Company answering brief due 10/05/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11710723] (JBS) [Entered: 06/04/2020 09:29 AM] |
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