Amy Jine, et al v. OTA Franchise Corporation, et al
| EYAL SHAHAR, individually and as an officer of OTA Franchise Corporation, Newport Exchange Holdings, Inc., and NEH Services, Inc., OTA FRANCHISE CORPORATION, a Nevada Corporation, SAMUEL R. SEIDEN, individually and as an officer of OTA Franchise Corporation, NEWPORT EXCHANGE HOLDINGS, INC., a California corporation and NEH SERVICES, INC., a California corporation |
| ANA BIOCINI, on behalf of themselves and all others similarly situated and AMY JINE |
| 20-56281 |
| December 2, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Fraud |
Docket Report
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| Filing 19 Filed order (Deputy Clerk: SJS) Pursuant to the stipulation of the parties (Docket Entry No. [ # 18 ]), this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. [12167875] (JPD) [Entered: 07/09/2021 10:11 AM] |
| Filing 18 Filed (ECF) Appellants Ana Biocini and Amy Jine Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 07/07/2021. [12164745] [20-56281] (Castillo, Elizabeth) [Entered: 07/07/2021 09:47 AM] |
| Filing 17 MEDIATION ORDER FILED: By 07/16/2021, Appellants to file a motion or stipulation to dismiss, or contact the circuit mediator. The briefing schedule previously set by the court is vacated. See order for details. [12076180] (CL) [Entered: 04/15/2021 03:33 PM] |
| Filing 16 Streamlined request [15] by Appellees NEH Services, Inc., Newport Exchange Holdings, Inc., OTA Franchise Corporation, Samuel R. Seiden and Eyal Shahar to extend time to file the brief is approved. Streamlined requests allow for a 30 day extension of time to file the brief. Amended briefing schedule: Appellees NEH Services, Inc., Newport Exchange Holdings, Inc., OTA Franchise Corporation, Samuel R. Seiden and Eyal Shahar answering brief due 04/19/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12030333] (JN) [Entered: 03/10/2021 07:08 AM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees NEH Services, Inc., Newport Exchange Holdings, Inc., OTA Franchise Corporation, Samuel R. Seiden and Eyal Shahar. New requested due date is 04/16/2021. [12030017] [20-56281]--[COURT UPDATE: Updated docket text to reflect content of filing. 03/09/2021 by SLM] (Brooks, Samuel) [Entered: 03/09/2021 04:20 PM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 11 ] in 1 volume(s) filed by Appellants Ana Biocini and Amy Jine. [12018422] (LA) [Entered: 02/26/2021 02:54 PM] |
| Filing 13 Received 6 paper copies of Opening Brief [ # 10 ] filed by Ana Biocini and Amy Jine. [12018340] (SD) [Entered: 02/26/2021 02:33 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] submitted by Ana Biocini and Amy Jine 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 [ # 11 ] submitted by Ana Biocini and Amy Jine 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. [12013365] (SML) [Entered: 02/23/2021 10:51 AM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants Amy Jine and Ana Biocini. Date of service: 02/16/2021. [12005515] [20-56281] (Zapala, Adam) [Entered: 02/16/2021 06:05 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants Ana Biocini and Amy Jine. Date of service: 02/16/2021. [12005513] [20-56281]--[COURT UPDATE: Attached corrected brief. 02/23/2021 by SML] (Zapala, Adam) [Entered: 02/16/2021 06:04 PM] |
| Filing 9 Filed order (KIM MCLANE WARDLAW, MORGAN B. CHRISTEN and ERIC D. MILLER) Appellees motion to dismiss this appeal for lack of jurisdiction (Docket Entry No. [ # 5 ]) is denied without prejudice to renewing the arguments in the answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The opening brief and excerpts of record are due February 16, 2021; the answering brief is due March 18, 2021; and the optional reply brief is due within 21 days after service of the answering brief. [11962893] (JPD) [Entered: 01/13/2021 04:20 PM] |
| Filing 8 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. [11961599] (CL) [Entered: 01/12/2021 07:18 PM] |
| Filing 7 Filed (ECF) Appellees NEH Services, Inc., Newport Exchange Holdings, Inc., OTA Franchise Corporation, Samuel R. Seiden and Eyal Shahar reply to response (). Date of service: 01/04/2021. [11951006] [20-56281] (Brooks, Samuel) [Entered: 01/04/2021 12:22 PM] |
| Filing 6 Filed (ECF) Appellants Ana Biocini and Amy Jine response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing) motion to dismiss for lack of jurisdiction). Date of service: 12/28/2020. [11946370] [20-56281] (Castillo, Elizabeth) [Entered: 12/28/2020 03:00 PM] |
| Filing 5 Filed (ECF) Appellees NEH Services, Inc., Newport Exchange Holdings, Inc., OTA Franchise Corporation, Samuel R. Seiden and Eyal Shahar Motion to dismiss for lack of jurisdiction. Date of service: 12/17/2020. [11931460] [20-56281] (Brooks, Samuel) [Entered: 12/17/2020 01:05 PM] |
| Filing 4 MEDIATION ORDER FILED: By 12/30/2020, 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. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11931399] (CL) [Entered: 12/17/2020 12:28 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 12/09/2020. 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.[11920404]. [20-56281] (AD) [Entered: 12/09/2020 12:44 PM] |
| Filing 2 Filed (ECF) Appellants Amy Jine and Ana Biocini Mediation Questionnaire. Date of service: 12/09/2020. [11920149] [20-56281] (Castillo, Elizabeth) [Entered: 12/09/2020 11:28 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Ana Biocini and Amy Jine Mediation Questionnaire due on 12/09/2020. Appellants Ana Biocini and Amy Jine opening brief due 02/01/2021. Appellees NEH Services, Inc., Newport Exchange Holdings, Inc., OTA Franchise Corporation, Samuel R. Seiden and Eyal Shahar answering brief due 03/02/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11913073] (JBS) [Entered: 12/02/2020 04:12 PM] |
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| Defendant / appellee: EYAL SHAHAR, individually and as an officer of OTA Franchise Corporation, Newport Exchange Holdings, Inc., and NEH Services, Inc. | |
| Represented By: | Samuel G. Brooks |
| Represented By: | Mark Eisenhut Esquire |
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| Defendant / appellee: OTA FRANCHISE CORPORATION, a Nevada Corporation | |
| Represented By: | Samuel G. Brooks |
| Represented By: | Mark Eisenhut Esquire |
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| Defendant / appellee: SAMUEL R. SEIDEN, individually and as an officer of OTA Franchise Corporation | |
| Represented By: | Samuel G. Brooks |
| Represented By: | William P. Cole |
| Represented By: | Mark Eisenhut Esquire |
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| Defendant / appellee: NEWPORT EXCHANGE HOLDINGS, INC., a California corporation | |
| Represented By: | Samuel G. Brooks |
| Represented By: | Mark Eisenhut Esquire |
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| Defendant / appellee: NEH SERVICES, INC., a California corporation | |
| Represented By: | Samuel G. Brooks |
| Represented By: | Mark Eisenhut Esquire |
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| Plaintiff / appellant: ANA BIOCINI, on behalf of themselves and all others similarly situated | |
| Represented By: | Elizabeth Tran Castillo |
| Represented By: | Adam J. Zapala |
| Represented By: | Joseph W. Cotchett |
| Represented By: | Kelly Winter Weil Esquire |
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| Plaintiff / appellant: AMY JINE | |
| Represented By: | Elizabeth Tran Castillo |
| Represented By: | Adam J. Zapala |
| Represented By: | Joseph W. Cotchett |
| Represented By: | Kelly Winter Weil Esquire |
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