Pierry, Inc. v. Thirty-One Gifts, LLC
| PIERRY, INC. |
| THIRTY-ONE GIFTS, LLC |
| 20-16769 |
| September 15, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 22 Filed order MEDIATION (SMC): The briefing schedule previously set by the court is amended as follows: the first brief on cross-appeal is due January 22, 2021; the second brief on crossappeal is due February 22, 2021; the third brief on cross-appeal is due March 24, 2021; and the optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [11887122] [20-16769, 20-16869] (JBS) [Entered: 11/09/2020 03:53 PM] |
| Filing 21 Received copy of amended notice of appeal from district court filed on 10/29/2020. [11876342] [20-16769, 20-16869] (QDL) [Entered: 10/29/2020 04:08 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: LCC): A review of the record and plaintiff-appellants response to this courts October 1, 2020 order reveals that the district court has denied the post-judgment motion. Accordingly, the stay of proceedings is lifted, and these cross-appeals shall proceed. The first brief on cross-appeal is due December 23, 2020; the second brief on cross-appeal is due January 22, 2021; the third brief on cross-appeal is due February 22, 2021; and the optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [11873923] [20-16769, 20-16869] (JBS) [Entered: 10/28/2020 09:40 AM] |
| Filing 19 Filed (ECF) Appellant Pierry, Inc. in 20-16769 response to Court order dated 10/01/2020. Date of service: 10/23/2020 [11869494] [20-16769, 20-16869] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 10/23/2020 by TYL] (Feuer, Ben) [Entered: 10/23/2020 09:00 AM] |
| Filing 18 MEDIATION STATUS REPORT DUE - 11/18/2020. See order for details. [11867702] [20-16769, 20-16869] (BLS) [Entered: 10/21/2020 04:26 PM] |
| Filing 17 Filed order MEDIATION (SMC): Cross-Appeal No. 20-16869 is under consideration for inclusion in the Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. A dial-in assessment conference in cross-appeal no. 20-16869 will be held in conjunction with appeal no. 20-16769 on October 21, 2020, at 11:30 a.m. Pacific Time. Each participant will receive an email modifying the dial-in information. Please notify the Mediation Office at mediation@ca9.uscourts.gov if counsel does not receive an email or if additional participants should be added. Except for the above changes, all provisions of the courts order of September 25, 2020, shall apply. [11846211] [20-16769, 20-16869] (JBS) [Entered: 10/02/2020 04:40 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: LCC):The courts records reflect that plaintiff-appellant timely filed a motion listed in Federal Rule of Appellate Procedure 4(a)(4), which is still pending. The notices of appeal are 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); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). Within 7 days after the district courts ruling on the pending motion, the parties shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute their respective appeals. To appeal the district courts ruling on the post-judgment motion, an amended notice of appeal must be filed within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11844542] [20-16769, 20-16869] (TSP) [Entered: 10/01/2020 04:11 PM] |
| Filing 15 The Mediation Questionnaire for this case was filed on 10/01/2020. 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.[11843897]. [20-16769] (AD) [Entered: 10/01/2020 12:44 PM] |
| Filing 14 Filed (ECF) Appellant Thirty-One Gifts, LLC in 20-16869, Appellee Thirty-One Gifts, LLC in 20-16769 Mediation Questionnaire. Date of service: 10/01/2020. [11843617] [20-16869, 20-16769] (Fisher, Nathaniel) [Entered: 10/01/2020 10:46 AM] |
| Filing 13 Added Attorney(s) Ben Feuer for party(s) Appellant Pierry, Inc., in case 20-16769. [11841797] [20-16769, 20-16869] (QDL) [Entered: 09/30/2020 08:47 AM] |
| Filing 12 Filed (ECF) notice of appearance of Ben Feuer (California Appellate Law Group LLP, 96 Jessie St, San Francisco, CA 94105) for Appellant Pierry, Inc.. Date of service: 09/29/2020. (Party was previously proceeding with counsel.) [11841576] [20-16769]--[COURT UPDATE: Spread docket text to 20-16869. 09/30/2020 by SLM] (Feuer, Ben) [Entered: 09/29/2020 05:26 PM] |
| Filing 11 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Thirty-One Gifts, LLC Mediation Questionnaire due on 10/02/2020. First cross appeal brief due 12/23/2020 for Pierry, Inc.. Second brief on cross appeal due 01/22/2021 for Thirty-One Gifts, LLC. Third brief on cross appeal due 02/22/2021 for Pierry, Inc. Optional cross appeal reply brief is due within 21 days of service of third brief on cross appeal. [11837291] [20-16869, 20-16769] (JBS) [Entered: 09/25/2020 02:03 PM] |
| Filing 10 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 10/21/2020, 11:30 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11836671] (BLS) [Entered: 09/25/2020 09:06 AM] |
| Filing 9 Attorneys Kendra J. Hall and Tyler M. Paetkau in 20-16769 substituted by Attorney Susan Yorke in 20-16769 [11836344] (QDL) [Entered: 09/24/2020 04:57 PM] |
| Filing 8 Filed (ECF) notice of appearance of Susan Reid Yorke (California Appellate Law Group LLP, 96 Jessie Street, San Francisco, CA 94105) for Appellant Pierry, Inc.. Substitution for Kendra J. Hall for Appellant Pierry, Inc. and Mr. Tyler M. Paetkau, Esquire for Appellant Pierry, Inc.. Date of service: 09/24/2020. (Party was previously proceeding with counsel.) [11836316] [20-16769] (Yorke, Susan) [Entered: 09/24/2020 04:46 PM] |
| Filing 7 Added Attorney(s) David M. Rice for party(s) Appellee Thirty-One Gifts, LLC, in case 20-16769. [11832318] (QDL) [Entered: 09/22/2020 09:36 AM] |
| Filing 6 Filed (ECF) notice of appearance of David Mullany Rice (Squire Patton Boggs (US), LLP, 275 Battery Street, Suite 2600, San Francisco, CA 94111) for Appellee Thirty-One Gifts, LLC. Date of service: 09/22/2020. (Party was previously proceeding with counsel.) [11832301] [20-16769] (Rice, David) [Entered: 09/22/2020 09:30 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 09/21/2020. 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.[11831909]. [20-16769] (AD) [Entered: 09/21/2020 06:44 PM] |
| Filing 4 Attorney Benjamin Patrick Smith in 20-16769 substituted by Attorney Nathaniel Kawika Fisher in 20-16769 [11831783] (QDL) [Entered: 09/21/2020 05:06 PM] |
| Filing 3 Filed (ECF) notice of appearance of Nathaniel Kawika Fisher (Squire Patton Boggs (US) LLP, 275 Battery Street, Suite 2600, San Francisco, CA 94111) for Appellee Thirty-One Gifts, LLC. Substitution for Attorney Mr. Benjamin Patrick Smith for Appellee Thirty-One Gifts, LLC. Date of service: 09/21/2020. (Party was previously proceeding with counsel.) [11831756] [20-16769] (Fisher, Nathaniel) [Entered: 09/21/2020 05:00 PM] |
| Filing 2 Filed (ECF) Appellant Pierry, Inc. Mediation Questionnaire. Date of service: 09/21/2020. [11831404] [20-16769] (Paetkau, Tyler) [Entered: 09/21/2020 03:08 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Pierry, Inc. Mediation Questionnaire due on 09/22/2020. Transcript ordered by 10/14/2020. Transcript due 11/13/2020. Appellant Pierry, Inc. opening brief due 12/23/2020. Appellee Thirty-One Gifts, LLC answering brief due 01/22/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11824037] (JBS) [Entered: 09/15/2020 09:37 AM] |
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