Pierry, Inc. v. Thirty-One Gifts, LLC
Plaintiff: PIERRY, INC.
Counter Claimant: THIRTY-ONE GIFTS, LLC
Case Number: 20-16869
Filed: September 25, 2020
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
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Docket Report

This docket was last retrieved on January 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2021 Filing 15 Filed order (Deputy Clerk: SMC) Pursuant to the parties stipulated motion (Docket Entry No. [ # 14 ]), these appeals are voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and fees on appeal. A copy of this order shall serve as and for the mandate of this court. [11953372] [20-16769, 20-16869] (JBS) [Entered: 01/05/2021 03:45 PM]
January 5, 2021 Filing 14 Filed (ECF) Appellee Thirty-One Gifts, LLC in 20-16769, Appellant Thirty-One Gifts, LLC in 20-16869 Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 01/05/2021. [11952218] [20-16769, 20-16869] (Fisher, Nathaniel) [Entered: 01/05/2021 08:56 AM]
December 15, 2020 Filing 13 Filed order MEDIATION (SMC): The briefing schedule previously set by the court is amended as follows: The first brief on cross-appeal is due February 22, 2021; the second brief on crossappeal is due March 24, 2021; the third brief on cross-appeal is due April 23, 2021; and the optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [11928037] [20-16769, 20-16869] (JBS) [Entered: 12/15/2020 11:08 AM]
November 9, 2020 Filing 12 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]
October 29, 2020 Filing 11 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]
October 28, 2020 Filing 10 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]
October 23, 2020 Filing 9 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]
October 21, 2020 Filing 8 MEDIATION STATUS REPORT DUE - 11/18/2020. See order for details. [11867702] [20-16769, 20-16869] (BLS) [Entered: 10/21/2020 04:26 PM]
October 2, 2020 Filing 7 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]
October 1, 2020 Filing 6 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]
October 1, 2020 Filing 5 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.[11843896]. [20-16869] (AD) [Entered: 10/01/2020 12:44 PM]
October 1, 2020 Filing 4 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]
September 30, 2020 Filing 3 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]
September 29, 2020 Filing 2 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]
September 25, 2020 Filing 1 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]

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Counter claimant: THIRTY-ONE GIFTS, LLC
Represented By: David M. Rice
Represented By: Nathaniel Kawika Fisher
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Plaintiff: PIERRY, INC.
Represented By: Susan Yorke
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