Kelly Barnett v. Ubimodo, Inc., et al
| SOTERIA INSTITUTE, UBIMODO INSURANCE LLC, STARR INDEMNITY & LIABILITY COMPANY, UBIMODO, INC., ARMOUR RISK MANAGEMENT, UBIMODO LTD CANADA and SCOTT WARNER |
| KELLY A. BARNETT and KELLY BARNETT |
| 20-35299 |
| April 2, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 11 Filed order (Appellate Commissioner): The opposed motion by Shannon McCabe, Esq. and Gregory Lynch, Esq. to withdraw as counsel (Docket Entry No. [ # 7 ] ) is granted. The Clerk shall update the docket to reflect that appellee Scott Warner is proceeding pro se in this appeal. Appellees Ubimodo, Inc., Ubimodo Insurance LLC, and Ubimodo LTD Canada (collectively, Ubimodo) may not proceed pro se. See, e.g., D-Beam Limited Partnership v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004) (recognizing the longstanding rule that corporations and other unincorporated associations must appear in court through an attorney). Ubimodo therefore has 45 days to locate replacement counsel and have counsel file a notice of appearance. Failure by Ubimodo to retain counsel will be construed as Ubimodos failure to file an answering brief, and it will not be permitted to appear at oral argument absent permission by the court. See Fed. R. App. P. 31(c). Appellants motions for contempt or for an order to show cause (Docket Entry Nos. [ # 9 ] and [ # 10 ] ) are denied. The briefing schedule is modified as follows: Appellants opening brief is due July 27, 2020. Appellees answering brief is due August 26, 2020. Appellants optional reply brief is due within 21 days after service of the answering brief. The Clerk shall serve a copy of this order on appellee Scott Warner at: Scott Warner 64682 Cook Ave. 5 Bend, Oregon 97703 (MOATT) [11691248] (RT) [Entered: 05/14/2020 03:04 PM] |
| Filing 10 Filed Appellant Kelly Barnett motion LR 83-6 violation; to show cause; contempt. Deficiencies: None. [11677511] (NAC) [Entered: 05/01/2020 07:19 AM] |
| Filing 9 Filed Appellant Kelly Barnett motion for order to show cause; anders brief or alternative requested; hearing requested. Deficiencies: None. [11677509] (NAC) [Entered: 05/01/2020 07:16 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: JW): On April 6, 2020, this court issued an order staying appellate proceedings pending disposition of the motion to set aside judgment in the district court. On April 21, 2020, the district court denied the motion. The stay order filed April 6, 2020, is lifted and this appeal shall proceed. The briefing schedule established by this courts April 2, 2020 order shall remain in effect. The motion filed by Shannon McCabe and Gregory P. Lynch to withdraw as counsel will be addressed by separate order. [11676611] (AF) [Entered: 04/30/2020 10:46 AM] |
| Filing 7 Filed (ECF) Appellees Ubimodo Insurance LLC, Ubimodo LTD Canada, Ubimodo, Inc. and Scott Warner motion. Attorney(s) Attorney Ms. Shannon McCabe for Appellees Ubimodo Insurance LLC, Ubimodo LTD Canada, Ubimodo, Inc. and Scott Warner motion to withdraw as counsel. Date of service: 04/27/2020. [11672376] [20-35299] (McCabe, Shannon) [Entered: 04/27/2020 10:44 AM] |
| Filing 6 Filed Appellant Kelly A. Barnett response to order to show cause. [11671893] (NAC) [Entered: 04/26/2020 11:04 PM] |
| Filing 5 Notice of Withdrawal of Csl (ECF Filing) [4] is rejected. Filer must first have new appearance entered by replacement counsel because corporation cannot proceed pro se. [11669833] (NAC) [Entered: 04/23/2020 01:31 PM] |
| Filing 4 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Ms. Shannon McCabe for Appellees Ubimodo Insurance LLC, Ubimodo LTD Canada, Ubimodo, Inc. and Scott Warner. Party proceeding without counsel: Yes, mailing address provided. Party mailing address: 64682 Cook Ave. #5 Bend, OR, 97703. Date of service: 04/23/2020. [11669823] [20-35299] (McCabe, Shannon) [Entered: 04/23/2020 01:28 PM] |
| Filing 3 Terminated Elizabeth Tedesco Milesnick for Starr Indemnity & Liability Company in 20-35299 (due to incorrect ECF contact information) [11664801] (RY) [Entered: 04/17/2020 03:20 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): 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), and that motion is still pending in the district court. The March 27, 2020 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, proceedings in this court are held in abeyance pending the district courts resolution of the pending March 4, 2020 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant 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. [11653158] (CKP) [Entered: 04/06/2020 04:23 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Kelly A. Barnett opening brief due 06/12/2020. Appellees Armour Risk Management, Soteria Institute, Starr Indemnity & Liability Company, Ubimodo Insurance LLC, Ubimodo LTD Canada, Ubimodo, Inc. and Scott Warner answering brief due 07/13/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11649869] (RT) [Entered: 04/02/2020 11:32 AM] |
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