Francine Shulman, et al v. Todd Kaplan, et al
| COURTNEY DORNE, TODD KAPLAN, ROBERT SCOTT KAPLAN, AKA Robert Scott, SMOKE WALLIN, MEDICAL INVESTOR HOLDINGS LLC, DBA Vertical Companies, MATT KAPLAN, ELYSE KAPLAN, NCAMBA9, INC., DREW MILBURN, VERTICAL WELLNESS, INC., JEFF SILVER, CHARLES HOUGHTON and IRON ANGEL II, LLC |
| IRON ANGEL, LLC, FRANCINE SHULMAN and 3F, INC. |
| 20-56265 |
| December 1, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
Opinions
We have the following opinions for this case:
| Description |
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 FRANCINE SHULMAN, ET AL V. TODD KAPLAN, ET AL
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Docket Report
RSS Track this Docket
This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
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Filing 78
MANDATE ISSUED.(MDS, RDN and GAD) [12649555] (RL) [Entered: 02/09/2023 08:38 AM]
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Filing 77
Filed text clerk order (Deputy Clerk: WL): Appellants' motion (Docket Entry #[ # 48 ]) to strike is denied as moot. Appellees' motion (Docket Entry #[ # 53 ]) for judicial notice is denied as moot. [12632532] (WL) [Entered: 01/18/2023 10:09 AM]
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Filing 76
FILED OPINION (MILAN D. SMITH, JR., RYAN D. NELSON and GERSHWIN A. DRAIN) AFFIRMED. Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [12632356] (AKM) [Entered: 01/18/2023 08:46 AM]
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Filing 75
Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12532769] (BG) [Entered: 09/02/2022 02:25 PM]
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Filing 74
ARGUED AND SUBMITTED TO MILAN D. SMITH, JR., RYAN D. NELSON and GERSHWIN A. DRAIN. [12531556] (BG) [Entered: 09/01/2022 10:51 AM]
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Filing 73
Filed clerk order (Deputy Clerk: WL): At oral argument on September 1, 2022, the parties should be prepared to discuss whether Plaintiffs have Article III standing to bring their RICO claims, in addition to whether Plaintiffs have statutory standing to bring their RICO claims. [12510775] (WL) [Entered: 08/05/2022 03:19 PM]
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Filing 72
Filed (ECF) Acknowledgment of hearing notice by Attorney Mrs. Kristin Cope, Esquire for Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman. Hearing in Pasadena on 09/01/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/01/2022. [12506648] [20-56265] (Cope, Kristin) [Entered: 08/01/2022 03:01 PM]
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Filing 71
Filed (ECF) Acknowledgment of hearing notice by Attorney John Carl Scholz for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Hearing in Pasadena on 09/01/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/01/2022. [12506333] [20-56265] (Scholz, John) [Entered: 08/01/2022 12:41 PM]
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Filing 70
Added Attorney(s) John Carl Scholz for party(s) Appellee Courtney Dorne Appellee Vertical Wellness, Inc. Appellee Jeff Silver Appellee Iron Angel II, LLC Appellee Elyse Kaplan Appellee Medical Investor Holdings LLC Appellee Charles Houghton Appellee Robert Scott Kaplan Appellee Todd Kaplan Appellee Smoke Wallin Appellee NCAMBA9, Inc. Appellee Matt Kaplan Appellee Drew Milburn. [12506065] (RL) [Entered: 08/01/2022 10:41 AM]
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Filing 69
Filed (ECF) notice of appearance of John C. Scholz (Uplift Law, PC, 750 N. Rose Drive, Ste. 620, Placentia, CA 92870) for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Date of service: 08/01/2022. (Party was previously proceeding with counsel.) [12506006] [20-56265] (Scholz, John) [Entered: 08/01/2022 10:18 AM]
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Filing 68
Notice of Appearance (ECF Filing) [67] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12505725] (NAC) [Entered: 08/01/2022 07:27 AM]
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Filing 67
Filed (ECF) notice of appearance of John C. Scholz (Uplift Law, PC, 750 N. Rose Dr., Ste. 620, Placentia, CA 92870) for Appellees Courtney Dorne, Charles Houghton, Todd Kaplan, Smoke Wallin, Iron Angel II, LLC, Medical Investor Holdings LLC, Matt Kaplan, Elyse Kaplan, Drew Milburn, Jeff Silver, NCAMBA9, Inc. and Vertical Wellness, Inc.. Date of service: 07/31/2022. (Party was previously proceeding with counsel.) [12505660] [20-56265] (Fulgencio, Melissa) [Entered: 07/31/2022 12:40 PM]
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Filing 66
Attorneys Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan, Elyse Kaplan and Elyse Kaplan in 20-56265 substituted by Attorneys Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio, Melissa G. Fulgencio and Melissa G. Fulgencio in 20-56265 [12494449] (DJV) [Entered: 07/15/2022 07:30 AM]
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Filing 65
Filed (ECF) notice of appearance of Melissa G. Fulgencio (Uplift Law, PC, 650 N. Rose Drive, Ste. 620, Placentia, CA 92870) for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Smoke Wallin, Vertical Wellness, Inc., Jeff Silver, Drew Milburn and Medical Investor Holdings LLC. Substitution for Attorney Elyse Kaplan for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Date of service: 07/15/2022. (Party was previously proceeding with counsel.) [12494440] [20-56265] (Fulgencio, Melissa) [Entered: 07/15/2022 07:25 AM]
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Filing 64
Filed clerk order (Deputy Clerk: SVG): This Courts records reflect that counsel for appellees, Elyse Kaplan, is not admitted to practice before this Court, in violation of Circuit Rule 46-1. Court staff have communicated multiple times with counsel over the past two months, by email and voicemail, in an effort to obtain her compliance with the rule and to assist her in getting admitted. All of these efforts have failed, and counsel continues to be in violation of the rule. Within 14 days from the date of this order, counsel Kaplan shall either file a notice of withdrawal as counsel, which must include her clients contact information if her clients will be left unrepresented, or shall electronically submit an application for admission, accompanied by the required fees. Failure to comply with this order will result in the automatic termination of counsel from the docket in this appeal, leaving her clients unrepresented and without notice of any orders or other deadlines, and may also result in monetary sanctions against counsel for her willful and continued refusal to comply with the Courts rules. The imposition of any such sanctions may also be reported to the State Bar. Counsel shall serve this order on appellant and shall file proof of such service with the Court within 7 days of this order. The existing briefing schedule continues in effect. [12493662] (WL) [Entered: 07/14/2022 10:23 AM]
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Filing 63
Notice of Oral Argument on Thursday, September 1, 2022 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, September 1, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12474811]. [20-56265] (KS) [Entered: 06/19/2022 06:09 AM]
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Filing 62
Filed (ECF) Attorney Elyse Kaplan for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin response to notice for case being considered for oral argument. Date of service: 05/24/2022. [12454520] [20-56265] (Kaplan, Elyse) [Entered: 05/24/2022 08:28 AM]
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Filing 61
Filed (ECF) Attorney Mrs. Kristin Cope, Esquire for Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman response to notice for case being considered for oral argument. Date of service: 05/20/2022. [12452939] [20-56265] (Cope, Kristin) [Entered: 05/20/2022 03:41 PM]
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Filing 60
Attorney Rachel Kashani substituted by Attorney Elyse Kaplan. [12450487] (RL) [Entered: 05/18/2022 02:52 PM]
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Filing 59
Attorney Rachel Kashani substituted by Attorney Elyse Kaplan. [12450486] (RL) [Entered: 05/18/2022 02:51 PM]
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Filing 58
Filed (ECF) notice of appearance of Elyse S. Kaplan (725 Via Alondra, Camarillo, CA 93012) for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Substitution for Attorney Rachel Kashani for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Date of service: 05/18/2022. (Party was previously proceeding with counsel.) [12450469] [20-56265] (Kaplan, Elyse) [Entered: 05/18/2022 02:47 PM]
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Filing 56
Filed (ECF) Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman reply to response (). Date of service: 04/21/2022. [12428139] [20-56265] (Tutunjian, Christopher) [Entered: 04/21/2022 04:04 PM]
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Filing 55
Filed (ECF) Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman response opposing motion ([ # 53 ] Motion (ECF Filing), [ # 53 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/21/2022. [12428092] [20-56265] (Tutunjian, Christopher) [Entered: 04/21/2022 03:42 PM]
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Filing 54
Filed (ECF) Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin response opposing motion ([ # 48 ] Motion (ECF Filing), [ # 48 ] Motion (ECF Filing)). Date of service: 04/18/2022. [12424825] [20-56265] (Kashani, Rachel) [Entered: 04/18/2022 05:32 PM]
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Filing 53
Filed (ECF) Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin Motion for miscellaneous relief [Motion for Judicial Notice]. Date of service: 04/14/2022. [12421813] [20-56265] (Kashani, Rachel) [Entered: 04/14/2022 03:37 PM]
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Filing 52
Received 6 paper copies of Reply Brief [ # 49 ] filed by Appellants. [12418409] (SD) [Entered: 04/12/2022 10:37 AM]
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Filing 51
Filed clerk order (Deputy Clerk: LK): Appellants motion (Docket Entry No. [ # 48 ]) to strike portions of appellees answering brief and supplemental excerpts of record, and any responses, are referred to the panel that will consider the merits of this appeal. Any discussion of the disputed materials in the parties briefs will be stricken or disregarded if the panel grants appellants motion to strike. [12415675] (JBS) [Entered: 04/08/2022 09:03 AM]
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Filing 50
Filed clerk order: The reply brief [ # 49 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12414914] (SML) [Entered: 04/07/2022 12:09 PM]
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Filing 49
Submitted (ECF) Reply Brief for review. Submitted by Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman. Date of service: 04/06/2022. [12413871] [20-56265] (Tutunjian, Christopher) [Entered: 04/06/2022 11:15 AM]
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Filing 48
Filed (ECF) Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman Motion to strike whole of 1) Defendants-Appellees' Supplemental Excerpts of Record and 2) portions of Defendants-Appellees' Answering Brief (Introduction, Statement of the Case, and any argument Defendants-Appellees use the Supplemental Excerpts of Record to support). Date of service: 04/06/2022. [12413867] [20-56265] (Tutunjian, Christopher) [Entered: 04/06/2022 11:13 AM]
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Filing 47
Filed (ECF) Attorney Mrs. Kristin Cope, Esquire for Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman response to notice for case being considered for oral argument. Date of service: 03/29/2022. [12407491] [20-56265] (Cope, Kristin) [Entered: 03/29/2022 12:14 PM]
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Filing 45
Filed (ECF) Attorney Rachel Kashani for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin response to notice for case being considered for oral argument. Date of service: 02/24/2022. [12381140] [20-56265] (Kashani, Rachel) [Entered: 02/27/2022 06:56 AM]
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Filing 44
Received 6 paper copies of Answering Brief [ # 36 ] filed by Appellees. [12380686] (SD) [Entered: 02/25/2022 03:36 PM]
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Filing 43
Received 3 paper copies of supplemental excerpts of record [ # 37 ] in 1 volume(s) filed by Appellees. [12380017] (LA) [Entered: 02/25/2022 10:40 AM]
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Filing 42
Streamlined request [41] by Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 04/06/2022. [12379704] (JN) [Entered: 02/24/2022 07:30 PM]
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Filing 41
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman. New requested due date is 04/06/2022. [12378733] [20-56265] (Tutunjian, Christopher) [Entered: 02/24/2022 09:30 AM]
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Filing 40
Filed (ECF) Attorney Mrs. Kristin Cope, Esquire for Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman response to notice for case being considered for oral argument. Date of service: 02/24/2022. [12378715] [20-56265] (Cope, Kristin) [Entered: 02/24/2022 09:24 AM]
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Filing 38
Filed clerk order: The answering brief [ # 36 ] submitted by appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 37 ] submitted by appellees are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12371628] (KT) [Entered: 02/16/2022 09:25 AM]
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Filing 37
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Date of service: 02/14/2022. [12369539] [20-56265] (Kashani, Rachel) [Entered: 02/14/2022 01:44 PM]
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Filing 36
Submitted (ECF) Answering Brief for review. Submitted by Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Date of service: 02/14/2022. [12369505] [20-56265]--[COURT UPDATE: attached corrected PDF of answering brief. 02/16/2022 by KT] (Kashani, Rachel) [Entered: 02/14/2022 01:36 PM]
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Filing 35
Added Attorney(s) Rachel Kashani for party(s) Appellee Charles Houghton. [12368929] (RL) [Entered: 02/14/2022 09:15 AM]
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Filing 34
Filed (ECF) notice of appearance of Rachel F. Kashani (Vertical Companies, General Counsel, 29800 Agoura Rd, Ste 100, Agoura Hills, CA 91301) for Appellee Charles Houghton. Date of service: 02/13/2022. (Party was previously proceeding pro se.) [12368718] [20-56265] (Kashani, Rachel) [Entered: 02/13/2022 10:45 PM]
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Filing 33
Streamlined request [32] by Appellees Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin to extend time to file the brief is approved for all Appellees. Amended briefing schedule: Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin answering brief due 02/14/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12338657] (JN) [Entered: 01/12/2022 11:22 AM]
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Filing 32
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. New requested due date is 02/14/2022. [12338559] [20-56265] (Kashani, Rachel) [Entered: 01/12/2022 10:41 AM]
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Filing 31
Received 3 paper copies of excerpts of record [ # 28 ] in 1 volume(s) filed by Appellants. [12319812] (LA) [Entered: 12/17/2021 04:46 PM]
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Filing 30
Received 6 paper copies of Opening Brief [ # 27 ] filed by Appellants. [12319589] (SD) [Entered: 12/17/2021 03:05 PM]
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Filing 29
Filed clerk order: The opening brief [ # 27 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 28 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12317034] (KT) [Entered: 12/15/2021 03:20 PM]
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Filing 28
Submitted (ECF) excerpts of record. Submitted by Appellants Francine Shulman, Iron Angel, LLC and 3F, Inc.. Date of service: 12/15/2021. [12316978] [20-56265] (Tutunjian, Christopher) [Entered: 12/15/2021 02:56 PM]
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Filing 27
Submitted (ECF) Opening Brief for review. Submitted by Appellants Francine Shulman, Iron Angel, LLC and 3F, Inc.. Date of service: 12/15/2021. [12316971] [20-56265] (Tutunjian, Christopher) [Entered: 12/15/2021 02:53 PM]
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Filing 26
Added Attorney(s) Christopher Edward Tutunjian for party(s) Appellant Francine Shulman Appellant Iron Angel, LLC Appellant 3F, Inc.. [12282421] (RL) [Entered: 11/09/2021 10:19 AM]
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Filing 25
Terminated Christopher Hunt for Francine Shulman, Iron Angel, LLC and 3F, Inc. [12282418] (RL) [Entered: 11/09/2021 10:17 AM]
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Filing 24
Filed (ECF) notice of appearance of Christopher Edward Tutunjian (Baker Botts L.L.P., 910 Louisiana Street, Houston, TX 77002) for Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman. Date of service: 11/09/2021. (Party was previously proceeding with counsel.) [12282396] [20-56265] (Tutunjian, Christopher) [Entered: 11/09/2021 10:08 AM]
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Filing 23
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Christopher Hunt for Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman. Party proceeding without counsel: No. Date of service: 11/09/2021. [12282332] [20-56265] (Cauley, Cheryl) [Entered: 11/09/2021 09:49 AM]
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Filing 22
Terminated Kathryn S. Christopherson for Francine Shulman, Iron Angel, LLC and 3F, Inc. [12228732] (RL) [Entered: 09/15/2021 08:54 AM]
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Filing 21
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Ms. Kathryn S. Christopherson for Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman. Party proceeding without counsel: No. Date of service: 09/14/2021. [12228580] [20-56265] (Cauley, Cheryl) [Entered: 09/14/2021 05:24 PM]
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Filing 20
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously set by the court is amended as follows: Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman opening brief due 12/15/2021. Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin answering brief due 01/14/2022. Appellants optional reply brief is due within 21 days afer service of the answering brief. [12228326] (BLS) [Entered: 09/14/2021 03:22 PM]
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Filing 19
Filed order MEDIATION (SMC): A video conference mediation will be held on September 14, 2021, at 10:00 a.m. Pacific Time. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the mediation. Mediation statements no longer than 10 pages shall be submitted to the Circuit Mediator via e-mail (Sasha_M_Cummings@ca9.uscourts.gov) on or before September 9, 2021, by 12:00 p.m. (noon). Should a party require more than 10 pages for their mediation brief, counsel should contact the Circuit Mediator prior to the date for submission to discuss such. Mediation statements should contain brief statements of the following: (a) factual and procedural background; (b) legal issues and arguments related to this dispute; (c) past settlement discussions; (d) the names and representative capacities of those who will attend the mediation and a cell phone number for counsel; Sections (a), (b), (c) and (d) shall be served on counsel for the opposing party on the same date they are submitted to the undersigned. Mediation statements should not be filed with the court. Counsel may also identify any documents filed with the district court that they wish the Circuit Mediator to review prior to the mediation. All counsel and mediation participants should review, sign and return the executed Confidentiality Agreement (attached as Exhibit A below) directly to the Circuit Mediator in advance of the mediation. The briefing schedule previously set by the court is amended as follows: appellants' opening brief is due October 15, 2021; appellees' answering brief is due November 15, 2021; appellants' optional reply brief is due within 21 days from the service date of the answering brief. [12160767] (JBS) [Entered: 07/01/2021 03:21 PM]
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Filing 18
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 06/29/2021, 11:30 a.m. Pacific Time. The briefing schedule previously set by the court is amended as follows: Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman opening brief due 08/16/2021. Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin answering brief due 09/15/2021. Appellant's optional reply brief is due within 21 days afer service of the answering brief. See order for details. [12126296] (BLS) [Entered: 05/27/2021 08:38 AM]
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Filing 17
Attorney Priscilla George substituted by Attorney Rachel Kashani. [12122554] (RL) [Entered: 05/24/2021 01:51 PM]
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Filing 16
Filed (ECF) notice of appearance of Rachel Faraji Kashani (Medical Investor Holdings LLC - In-house Counsel 29800 Agoura Rd. Suite 100, Agoura Hills, CA 91301) for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Substitution for Attorney Priscilla George for Appellees Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Date of service: 05/24/2021. (Party was previously proceeding with counsel.) [12122456] [20-56265] (Kashani, Rachel) [Entered: 05/24/2021 12:42 PM]
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Filing 15
Notice of Withdrawal of Csl (ECF Filing) [14] is rejected. Filer must first have new appearance entered by replacement counsel because corporation cannot proceed pro se. [12100228] (RL) [Entered: 05/03/2021 02:59 PM]
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Filing 14
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Priscilla George for Appellees Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Party proceeding without counsel: Yes, mailing address provided. Party mailing address: 29800 Agoura Rd. Suite 100, Agoura Hills, CA 91301. Date of service: 05/03/2021. [12099838] [20-56265] (George, Priscilla) [Entered: 05/03/2021 12:25 PM]
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Filing 13
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 05/26/2021, 11:00 a.m. Pacific Time. The briefing schedule previously set by the court is amended as follows: Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman opening brief due 07/08/2021. Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin answering brief due 08/09/2021. Appellants optional reply brief is due within 21 days afer service of the answering brief. See order for details. [12022905] (BLS) [Entered: 03/03/2021 12:17 PM]
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Filing 12
Added Attorney Christopher Hunt for party Appellants' : Francine Shulman, Iron Angel, LLC and 3F, Inc. [11991205] (DJV) [Entered: 02/03/2021 11:33 AM]
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Filing 11
Added Attorney Kristin Cope for parties Francine Shulman, Iron Angel, LLC and 3F, Inc.,. [11991198] (DJV) [Entered: 02/03/2021 11:30 AM]
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Filing 10
Filed (ECF) notice of appearance of Kristin Collins Cope (Baker Botts L.L.P, 2001 Ross Avenue, Suite 900, Dallas, TX 75201) for Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman. Date of service: 02/03/2021. (Party was previously proceeding with counsel.) [11991149] [20-56265] (Cope, Kristin) [Entered: 02/03/2021 11:13 AM]
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Filing 9
Filed (ECF) notice of appearance of Christopher Hunt (Baker Botts LLP, 2001 Ross Avenue, Suite 900, Dallas, TX 75201) for Appellants Iron Angel, LLC, 3F, Inc. and Francine Shulman. Date of service: 02/03/2021. (Party was previously proceeding with counsel.) [11991115] [20-56265] (Hunt, Christopher) [Entered: 02/03/2021 10:59 AM]
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Filing 8
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 03/02/2021, 1:00 p.m. Pacific Time. The briefing schedule previously set by the court is amended as follows: Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman opening brief due 04/09/2021. Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin answering brief due 05/10/2021. Appellants optional reply brief is due within 21 days afer service of the answering brief. See order for details. [11990994] (BLS) [Entered: 02/03/2021 10:04 AM]
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| Filing 7 Attorney Leanne O. Vanecek, substituted by Attorney Priscilla George, [11984265] (DJV) [Entered: 01/28/2021 09:26 AM] |
| Filing 6 Filed (ECF) notice of appearance of Priscilla Benjamin George (Medical Investor Holdings, LLC, 29800 Agoura Road, Suite 100, Agoura Hills, CA 91301) for Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin. Substitution for Leanne O. Vanecek, Esquire for Appellees Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin and Charles Houghton. Date of service: 01/28/2021. (Party was previously proceeding with counsel.) [11984229] [20-56265] (George, Priscilla) [Entered: 01/28/2021 09:08 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 02/02/2021, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11925458] (BLS) [Entered: 12/14/2020 07:58 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 12/07/2020. 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.[11917915]. [20-56265] (AD) [Entered: 12/07/2020 06:44 PM] |
| Filing 3 Filed (ECF) Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman Mediation Questionnaire. Date of service: 12/07/2020. [11917268] [20-56265] (Cauley, Cheryl) [Entered: 12/07/2020 02:16 PM] |
| Filing 2 Filed (ECF) Notice of withdrawal of counsel. Filed by Ms. Julian Burns King for Appellee Charles Houghton and Mr. Elliot Siegel for Appellee Charles Houghton. Party proceeding without counsel: Yes, mailing address provided. Party mailing address: 1408 East Monument Street, Colorado Springs, CO 80901. Date of service: 12/04/2020. [11915988] [20-56265] (Siegel, Elliot) [Entered: 12/04/2020 06:09 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman Mediation Questionnaire due on 12/08/2020. Transcript ordered by 12/30/2020. Transcript due 01/29/2021. Appellants 3F, Inc., Iron Angel, LLC and Francine Shulman opening brief due 03/10/2021. Appellees Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc. and Smoke Wallin answering brief due 04/09/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11910981] (JBS) [Entered: 12/01/2020 12:13 PM] |
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