Andrew Shalaby v. Bernzomatic, et al
| BERNZOMATIC, an unincorporated division of Irwin Industrial Tool Company, NEWELL OPERATING COMPANY, INC. and IRWIN INDUSTRIAL TOOL COMPANY, INC. |
| ANDREW W. SHALABY |
| 21-55034 |
| January 14, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 46 Notice of Oral Argument on Friday, November 19, 2021 - 11:00 A.M. - Courtroom 2 - 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. 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 21 days before Friday, November 19, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12228522]. [21-55034] (KS) [Entered: 09/14/2021 04:39 PM] |
| Filing 45 Filed (ECF) Acknowledgment of hearing notice by Attorney Beth Schneider Naylor for Appellees Bernzomatic, Irwin Industrial Tool Company, Inc. and Newell Operating Company, Inc.. Hearing in Pasadena on 11/19/2021 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 30.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/14/2021. [12227919] [21-55034] (Naylor, Beth) [Entered: 09/14/2021 12:47 PM] |
| Filing 44 Filed clerk order (Deputy Clerk: WL): Appellants Motion for Order Directing Attorneys Hurwitz and Naylor to Disclose Her Unauthorized Practice of Law with Regard to Document 6 (Dkt. [ # 9 ]) and Motion for Order Directing Respondents Counsels to Produce Invoices to Determine Span of Unauthorized Practice of Law (Dkt. [ # 17 ]) are DENIED. [12224746] (WL) [Entered: 09/09/2021 04:17 PM] |
| Filing 43 Notice of Oral Argument on Friday, November 19, 2021 - 09:00 A.M. - Courtroom 2 - 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. 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 21 days before Friday, November 19, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12220771]. [21-55034] (KS) [Entered: 09/05/2021 06:12 AM] |
| Filing 42 Added Attorney(s) Beth Schneider Naylor for party(s) Appellee Newell Operating Company, Inc. Appellee Bernzomatic Appellee Irwin Industrial Tool Company, Inc., in case 21-55034. [12193015] (JFF) [Entered: 08/05/2021 12:02 PM] |
| Filing 41 Filed (ECF) notice of appearance of Beth Schneider Naylor (Frost Brown Todd LLC, 3300 Great American Tower, 301 E. Fourth Street, Cincinnati, OH 45202) for Appellees Bernzomatic, Irwin Industrial Tool Company, Inc. and Newell Operating Company, Inc.. Date of service: 08/05/2021. (Party was previously proceeding with counsel.) [12192988] [21-55034] (Naylor, Beth) [Entered: 08/05/2021 11:52 AM] |
| Filing 40 Filed (ECF) Attorney Shelley Gershon Hurwitz for Appellees Bernzomatic, Irwin Industrial Tool Company, Inc. and Newell Operating Company, Inc. response to notice for case being considered for oral argument. Date of service: 07/14/2021. [12172137] [21-55034] (Hurwitz, Shelley) [Entered: 07/14/2021 10:33 AM] |
| Filing 39 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for November 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12167971]. [21-55034] (KS) [Entered: 07/09/2021 11:01 AM] |
| Filing 38 Received 6 paper copies of Reply Brief [ # 36 ] filed by Andrew W. Shalaby. [12163630] (SD) [Entered: 07/06/2021 01:58 PM] |
| Filing 37 Filed clerk order: The reply brief [ # 36 ] submitted by Andrew W. Shalaby 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. [12161349] (KWG) [Entered: 07/02/2021 10:16 AM] |
| Filing 36 Submitted (ECF) Reply Brief for review. Submitted by Appellant Andrew W. Shalaby. Date of service: 07/01/2021. [12160535] [21-55034] (Gould, Alan) [Entered: 07/01/2021 01:29 PM] |
| Filing 35 Received 6 paper copies of Answering Brief [ # 31 ] filed by Appellees. [12159487] (SD) [Entered: 06/30/2021 03:16 PM] |
| Filing 34 Received 3 paper copies of supplemental excerpts of record [ # 32 ] in 1 volume(s) filed by Appellees. [12159029] (KWG) [Entered: 06/30/2021 11:46 AM] |
| Filing 33 Filed clerk order: The answering brief [ # 31 ] 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 [ # 32 ] 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. [12153437] (LA) [Entered: 06/24/2021 12:47 PM] |
| Filing 32 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Bernzomatic, Irwin Industrial Tool Company, Inc. and Newell Operating Company, Inc.. Date of service: 06/22/2021. [12152887] [21-55034]--[COURT UPDATE: Backdated entry to original submission date. 06/24/2021 by LA] (Hurwitz, Shelley) [Entered: 06/24/2021 08:37 AM] |
| Filing 31 Submitted (ECF) Answering Brief for review. Submitted by Appellees Bernzomatic, Irwin Industrial Tool Company, Inc. and Newell Operating Company, Inc.. Date of service: 06/22/2021. [12152883] [21-55034]--[COURT UPDATE: Backdated entry to original submission date. 06/24/2021 by LA] (Hurwitz, Shelley) [Entered: 06/24/2021 08:31 AM] |
| Filing 30 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 31 ], [ # 32 ]. Original Text: Filed (ECF) Appellee Newell Operating Company, Inc. answer to Writ of Mandamus petition. Date of service: 06/22/2021. [12150917] [21-55034] (Hurwitz, Shelley) [Entered: 06/22/2021 01:15 PM] |
| Filing 29 Received 6 paper copies of Opening Brief [ # 25 ] filed by Andrew W. Shalaby. [12134594] (SD) [Entered: 06/04/2021 03:44 PM] |
| Filing 28 Received 3 paper copies of excerpts of record [ # 26 ] in 1 volume(s) filed by Appellant Andrew W. Shalaby. [12134592] (LA) [Entered: 06/04/2021 03:44 PM] |
| Filing 27 Filed clerk order: The opening brief [ # 25 ] submitted by Andrew W. Shalaby 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 [ # 26 ] submitted by Andrew W. Shalaby 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. [12126487] (LA) [Entered: 05/27/2021 09:50 AM] |
| Filing 26 Submitted (ECF) excerpts of record. Submitted by Appellant Andrew W. Shalaby. Date of service: 05/24/2021. [12123122] [21-55034]--[COURT UPDATE: Attached corrected excerpts. 05/27/2021 by LA] (Gould, Alan) [Entered: 05/24/2021 09:42 PM] |
| Filing 25 Submitted (ECF) Opening Brief for review. Submitted by Appellant Andrew W. Shalaby. Date of service: 05/24/2021. [12123121] [21-55034]--[COURT UPDATE: Attached corrected brief. 05/27/2021 by LA] (Gould, Alan) [Entered: 05/24/2021 09:30 PM] |
| Filing 24 Streamlined request [23] by Appellant Andrew W. Shalaby to extend time to file the brief is approved. Amended briefing schedule: Appellant Andrew W. Shalaby opening brief due 05/24/2021. Appellees Bernzomatic, Irwin Industrial Tool Company, Inc. and Newell Operating Company, Inc. answering brief due 06/23/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12069854] (BG) [Entered: 04/09/2021 03:42 PM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Andrew W. Shalaby. New requested due date is 05/24/2021. [12069043] [21-55034] (Shalaby, Andrew) [Entered: 04/09/2021 09:22 AM] |
| Filing 22 Filed (ECF) Appellant Andrew W. Shalaby reply to response (). Date of service: 02/28/2021. [12019022] [21-55034] (Shalaby, Andrew) [Entered: 02/28/2021 02:50 PM] |
| Filing 21 Filed (ECF) Appellant Andrew W. Shalaby Correspondence: Mandatory ABA 8.3(a) misconduct reporting of Attorneys Hurwitz and Naylor with evidence received February 26, 2021, supplement to document 3. Date of service: 02/28/2021 [12019019] [21-55034] (Shalaby, Andrew) [Entered: 02/28/2021 02:23 PM] |
| Filing 20 Filed (ECF) Appellee Newell Operating Company, Inc. response to motion ([ # 17 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing)). Date of service: 02/24/2021. [12015002] [21-55034] (Hurwitz, Shelley) [Entered: 02/24/2021 11:13 AM] |
| Filing 19 Filed clerk order (Deputy Clerk: LAB): The opposition to appellants request for an order directing the disclosure of the unauthorized practice of law (Docket Entry No. [ # 11 ]) and the reply thereto (Docket Entry Nos. [ # 13 ] and [ # 18 ]) are referred to the panel assigned to decide the merits of this appeal. Appellants supplemental motion (Docket Entry No. [ # 17 ]) and any response or reply thereto are referred to the panel assigned to decide the merits of this appeal. The previously established briefing schedule remains in effect.[12011619] (WL) [Entered: 02/22/2021 11:58 AM] |
| Filing 18 Filed (ECF) Appellant Andrew W. Shalaby Correspondence: Errate to [ # 13 ] reply to response.. Date of service: 02/21/2021. [12010746] [21-55034]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 02/22/2021 by SLM] (Gould, Alan) [Entered: 02/21/2021 09:19 AM] |
| Filing 17 Filed (ECF) Appellant Andrew W. Shalaby Supplemental Motion for miscellaneous relief [for order directing Resopndent's attorneys to produce invoices to determine engagement in unauthorized practice of law for the 10 years of pendency of the underlying action w/evidence of good cause; correction to documents 9 and 13]. Date of service: 02/19/2021. [12010204] [21-55034] (Shalaby, Andrew) [Entered: 02/19/2021 03:28 PM] |
| Filing 16 Added Attorney(s) Andrew W. Shalaby for party(s) Appellant Andrew W. Shalaby, in case 21-55034. [12010174] (SLM) [Entered: 02/19/2021 03:21 PM] |
| Filing 15 Filed (ECF) notice of appearance of Andrew W. Shalaby (7525 Leviston Avenue, El Cerrito, CA 94530) for Appellant Andrew W. Shalaby. Date of service: 02/19/2021. (Party was previously proceeding pro se.) [12009836] [21-55034] (Shalaby, Andrew) [Entered: 02/19/2021 01:23 PM] |
| Filing 14 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 13 ]. Original Text: Filed (ECF) Appellant Andrew W. Shalaby reply to response (). Date of service: 02/18/2021. [12009064] [21-55034] (Gould, Alan) [Entered: 02/18/2021 05:57 PM] |
| Filing 13 Filed (ECF) Appellant Andrew W. Shalaby reply to response (). Date of service: 02/18/2021. [12009047] [21-55034]--[COURT UPDATE: Attached additaional documents. 02/19/2021 by SLM] (Gould, Alan) [Entered: 02/18/2021 05:37 PM] |
| Filing 12 Filed (ECF) notice of appearance of Alan J. Gould (6450 Mesa Oaks Court Santa Rosa CA 95409) for Appellant Andrew W. Shalaby. Substitution for Party Andrew W. Shalaby. Date of service: 02/18/2021. (Party was previously proceeding pro se.) [12008772] [21-55034] (Gould, Alan) [Entered: 02/18/2021 03:37 PM] |
| Filing 11 Filed (ECF) Appellees Bernzomatic, Irwin Industrial Tool Company, Inc. and Newell Operating Company, Inc. response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 02/12/2021. [12002639] [21-55034] (Hurwitz, Shelley) [Entered: 02/12/2021 03:08 PM] |
| Filing 10 Filed order (WILLIAM C. CANBY, SUSAN P. GRABER and MICHELLE T. FRIEDLAND) DAppellants motion to strike the motion for summary affirmance (Docket Entry No.[ # 8 ]) is denied. The motions for summary reversal (Docket Entry No. [ # 2 ]) and summary affirmance (Docket Entry No. [ # 6 ]) are denied because the issues presented are sufficiently substantial to warrant further consideration by a merits panel. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (stating standard). Appellants request for an order directing the disclosure of the unauthorized practice of law (Docket Entry No. [ # 9 ]) is referred to the panel assigned to decide the merits of this appeal. The opening brief is due April 23, 2021. The answering brief is due May 24, 2021. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. Id. [12000429] (WL) [Entered: 02/11/2021 10:13 AM] |
| Filing 9 Filed (ECF) Appellant Andrew W. Shalaby Motion for miscellaneous relief [for order directing Attorneys Hurwitz and Naylor to disclose the unauthorized practice of law of Ms. Naylor, an Ohio attorney, on document 6 in this appeal, and on document 166 (appeal bond motion) in 11-cv-68.]. Date of service: 02/05/2021. [11994569] [21-55034] (Shalaby, Andrew) [Entered: 02/05/2021 02:09 PM] |
| Filing 8 Filed (ECF) Appellant Andrew W. Shalaby Motion to strike whole of document 6 filed by non-party Newell Operating Company, Inc.; opposition to non-party Newell's cross-motion for summary disposition; motion for summary disposition for lack of jurisdiction (Newell not a party) and Response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion for summary reversal). Date of service: 02/05/2021. [11994436] [21-55034] (Shalaby, Andrew) [Entered: 02/05/2021 01:19 PM] |
| Filing 7 Filed (ECF) Appellant Andrew W. Shalaby reply to response (). Date of service: 01/30/2021. [11986957] [21-55034] (Shalaby, Andrew) [Entered: 01/30/2021 11:54 AM] |
| Filing 6 Filed (ECF) Appellee Newell Operating Company, Inc. response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 01/26/2021. [11981265] [21-55034] (Hurwitz, Shelley) [Entered: 01/26/2021 09:31 AM] |
| Filing 5 Filed (ECF) Appellant Andrew W. Shalaby Correspondence: ABA 8.3 report 3 - State Bar's letter 1/25/2021 re it's error, and related supplemental reporting.. Date of service: 01/25/2021 [11979576] [21-55034] (Shalaby, Andrew) [Entered: 01/25/2021 10:21 AM] |
| Filing 4 Filed (ECF) Appellant Andrew W. Shalaby Correspondence: Second Mandatory Report of Misconduct per ABA 8.3, Unauthorized Practice of Law and Related on filing of January 21, 2021, document 166 in District Court. Date of service: 01/21/2021 [11975614] [21-55034] (Shalaby, Andrew) [Entered: 01/21/2021 07:57 PM] |
| Filing 3 Filed (ECF) Appellant Andrew W. Shalaby Correspondence: Mandatory Reporting Pursuant to ABA 8.3 re Attorneys Shelley Hurwitz, Beth Naylor, et al.. Date of service: 01/18/2021 [11966816] [21-55034] (Shalaby, Andrew) [Entered: 01/18/2021 01:18 PM] |
| Filing 2 Filed (ECF) Appellant Andrew W. Shalaby Motion for summary reversal. Date of service: 01/16/2021. [11966744] [21-55034] (Shalaby, Andrew) [Entered: 01/16/2021 10:10 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 02/12/2021. Transcript due 03/15/2021. Appellant Andrew W. Shalaby opening brief due 04/23/2021. Appellees Bernzomatic, Irwin Industrial Tool Company, Inc. and Newell Operating Company, Inc. answering brief due 05/24/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11963413] (JBS) [Entered: 01/14/2021 09:38 AM] |
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