Paula Thomas, et al v. Stephen Choi, et al
| MISTY ISAACSON, KENNETH W. CHUNG, JOSEPH EUTENEUER, JAY YU, ROBERT SILVER, ALAN B. MITCHEL, STEPHEN CHOI, AKA Hillshore Investment, S.A., (Dummy Corporation), EDWARD KAMINSKY, KRING & CHUNG, LLP, CHOI ASSOCAITE-IN-FACT-ENTERPRISE, GREENBERG GLUSTER, STEVE PRESTEMON, KYU HONG KIM, CPA, INC., LAURA BOOTH, NANCY ZAMORA, LAUNCHPAID COMMUNICATIONS, DESNA INVESTMENTS, LLC, LAW FIRM IN CALIFORNIA, NOLAN HIEMANN, Law Firm in California, DANNY KIM, ZAMORA AND HOFFMEIER, BENJIMEN KIM, BANK OF AMERICA, ALEX KIM, DSRB, LLC, LAW OFFICE OF RICHARD KIM, COLLEN EUTENEUER, ROGER KUO, THE PALLIATIVE, a limited liability company, JENE PARK, 317 MBP LLC, MELDY RAFOLS, DAVID SCHNIDER, STANLEY DUCK, LLC, DOES, 1 through 25, DOUG LEE, IAN CHIN, STEPHEN CHOI AND ENILUZ GONZALEZ TRUST, RICHARD KIM, UNITED PLUS INSURANCE, JOSEPH FOSTER, HILLSHORE INVESTMENTS, S.A., a corporation in Panama, LISA SARGAVAKIAN, LAW STUDIOS RICHARD BYRON PEDDIE, a Business Organized Under The Laws of The State of Colorado, KF PROFESSIONAL GROUP, INC., a California corporation, ERIC CHOI, THOMAS WYDLE, LLC, a California limited liability company, ALLISON KWON, Erroneously Sued As Allison Kim, ALLYSON THOMPSON, PETER BALLAS, KYU HONG KIM, ENILUZ GONZALEZ, PAGTER AND PERRY ISAACSON, LAW OFFICE OF DAVID SCHNIDER, ZTHER INTERACTIVE, CONSUMER RESOURCE NETWORK, NORMAN KO, ANDREW ALPHEBERG, CHOI COMPANY TRUST, OLIVIA GOODKIN, JAMES ARTIANO, JOHN HANNA, LAURA C. HESS, RICHARD BYRON PEDDIE, an individual, PETER W. BALLAS & ASSOCIATES, LLC, KHONDKER SHOEB AHMED, THOMAS WYLDE, LLC, a California limited liability company and NANCY H. ZAMORA |
| THOMAS WYLDE, LLC, a California LLC, PDTW, LLC and PAULA THOMAS |
| 21-55124 |
| February 16, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
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| Filing 58 MANDATE ISSUED.(WAF, JBR and JBO) Costs taxed against Appellant. In appeal 21-55069, appellees Jene Park and Thomas Wylde, LLCs bill of costs in the amount of $129.30 is granted. In appeal 21-55124, appellee Thomas Wylde, LLCs bill of costs in the amount of $124.50 is granted. [12360912] [21-55069, 21-55124] (RL) [Entered: 02/04/2022 11:13 AM] |
| Filing 57 Filed order (WILLIAM A. FLETCHER, JOHNNIE B. RAWLINSON and JOHN B. OWENS) The Petition for Rehearing of January 13, 2022 Memorandum, filed January 24, 2022, is DENIED. [12353682] [21-55069, 21-55124] (OC) [Entered: 01/27/2022 03:27 PM] |
| Filing 56 Filed (ECF) Appellee Thomas Wylde, LLC bill of costs (Form 10) in the amount of 124.50 USD. Date of service: 01/25/2022 [12350689] [21-55124] (Peddie, Richard) [Entered: 01/25/2022 02:21 PM] |
| Filing 55 FILED MEMORANDUM DISPOSITION (WILLIAM A. FLETCHER, JOHNNIE B. RAWLINSON and JOHN B. OWENS) Appeal No. 21-55124 is DISMISSED; Appeal No. 21-55069 is DISMISSED in part and AFFIRMED in part. FILED AND ENTERED JUDGMENT. [12339786] [21-55069, 21-55124] (MM) [Entered: 01/13/2022 09:34 AM] |
| Filing 54 Filed order (WILLIAM A. FLETCHER, JOHNNIE B. RAWLINSON and JOHN B. OWENS) Appellants unopposed Motion for Judicial Notice, Docket No. [ # 12070581-0 ], filed April 12, 2021, is GRANTED. Appellants unopposed Motion for Judicial Notice of Pleadings, Docket No. [ # 12077729-0 ], filed April 16, 2021, is GRANTED. Thomas Wylde, LLCs unopposed Request for Judicial Notice, Docket No. [ # 21 ], filed March 31, 2021 (in Case. No. 21-55124) is GRANTED, with the exception of the Declaration from James Artiano that is not part of the public record. Thomas Wylde, LLCs & Jene Parks unopposed Request for Judicial Notice, Docket No. [ # 12112719-0 ], filed May 13, 2021, is GRANTED, with the exception of the Declaration from James Artiano that is not part of the public record. Appellants Motion for Non-Monetary Sanctions, Docket No. [ # 12116955-0 ], filed May 18, 2021, is DENIED. Thomas Wylde, LLCs & Jene Parks Request for Judicial Notice, Docket No. [ # 12126100-0 ], filed May 26, 2021, is DENIED as moot. [12313042] [21-55069, 21-55124] (OC) [Entered: 12/10/2021 03:30 PM] |
| Filing 53 SUBMITTED ON THE BRIEFS TO WILLIAM A. FLETCHER, JOHNNIE B. RAWLINSON and JOHN B. OWENS. [12306422] [21-55069, 21-55124] (BG) [Entered: 12/06/2021 11:02 AM] |
| Filing 52 Filed clerk order (Deputy Clerk: AF): The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and records and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted without oral argument on December 6, 2021, at Pasadena, California. Appellant Thomas Wylde, LLCs Motions for Equal Time at Ninth Circuit Hearing, in both Case Nos. 21-55069 and 21-55124, filed November 16, 2021, are DENIED as moot. [12297150] [21-55069, 21-55124] (AF) [Entered: 11/23/2021 04:18 PM] |
| Filing 51 Added Attorney(s) Kevin H. Brogan for party(s) Appellee Andrew Alpheberg Appellee Greenberg Gluster, in case 21-55124. [12290700] (RR) [Entered: 11/17/2021 03:29 PM] |
| Filing 50 Filed (ECF) notice of appearance of Kevin H. Brogan (Hill Farrer & Burrill, LLP, 300 S. Grand Avenue, 37th Fl., Los Angeles, CA 90071) for Appellees Andrew Alpheberg and Greenberg Gluster. Date of service: 11/17/2021. (Party was previously proceeding with counsel.) [12290309] [21-55124] (Brogan, Kevin) [Entered: 11/17/2021 01:31 PM] |
| Filing 49 Filed (ECF) Appellants PDTW, LLC, Paula Thomas and Thomas Wylde, LLC Motion for miscellaneous relief [Motion for Appellant to have equal time as Appellees and other Defendants have requested]. Date of service: 11/16/2021. [12289917] --[COURT ENTERED FILING. Originally filed in case 21-55069 only.] (TYL) [Entered: 11/17/2021 10:17 AM] |
| Filing 48 Filed (ECF) Acknowledgment of hearing notice by Attorney Robert Scott Silver for Appellees Law Firm in California, Nolan Hiemann and David Schnider. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10) 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: 11/15/2021. [12286781] [21-55124] (Silver, Robert) [Entered: 11/15/2021 09:58 AM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Lawrence Steven Andrews, Esquire for Appellees James Artiano, Peter Ballas, Eric Choi, Desna Investments, LLC and Peter W. Ballas & Associates, LLC. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (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: 11/12/2021. [12286220] [21-55124] (Andrews, Lawrence) [Entered: 11/12/2021 04:00 PM] |
| Filing 46 Added Attorney(s) Robert Scott Silver for party(s) Appellee Law Firm in California, Nolan Hiemann Appellee David Schnider, in case 21-55124. [12286213] (RR) [Entered: 11/12/2021 03:58 PM] |
| Filing 45 Filed (ECF) notice of appearance of Robert Scott Silver (Kaufman Dolowich & Voluck, 11755 Wilshire Blvd., Suite 2400, Los Angeles, CA 90025) for Appellees Law Firm in California, Nolan Hiemann and David Schnider. Date of service: 11/12/2021. (Party was previously proceeding with counsel.) [12286173] [21-55124] (Silver, Robert) [Entered: 11/12/2021 03:47 PM] |
| Filing 44 Filed clerk order (Deputy Clerk: WL): The Motion for an Order Issuing a Stay (Docket #[ # 38 ]), filed November 9, 2021, is DENIED as to both Case Nos. 21-55069 and 21-55124. The Clerk of Court will remove from the docket all other Motions for a Stay filed in Case Nos. 21-55069 and 21-55124, as duplicate filings.[12285984] [21-55069, 21-55124] (WL) [Entered: 11/12/2021 02:38 PM] |
| Filing 43 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Dimitrios P. Biller for Appellants PDTW, LLC, Thomas Wylde, LLC and Paula Thomas. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (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: 11/12/2021. [12285972] [21-55124] (Biller, Dimitrios) [Entered: 11/12/2021 02:34 PM] |
| Filing 42 Added Attorney(s) Lawrence Steven Andrews for party(s) Appellee Eric Choi Appellee Peter W. Ballas & Associates, LLC Appellee James Artiano Appellee Desna Investments, LLC Appellee Peter Ballas, in case 21-55124. [12285746] (RR) [Entered: 11/12/2021 01:13 PM] |
| Filing 41 Filed (ECF) notice of appearance of Lawrence Steven Andrews (Artiano & Associates, APC - 3828 Carson Street, Suite 102, Torrance, CA 90503) for Appellees James Artiano, Peter Ballas, Eric Choi, Desna Investments, LLC and Peter W. Ballas & Associates, LLC. Date of service: 11/12/2021. (Party was previously proceeding with counsel.) [12285721] [21-55124] (Andrews, Lawrence) [Entered: 11/12/2021 12:47 PM] |
| Filing 40 Filed (ECF) Acknowledgment of hearing notice by Attorney Richard Byron Peddie for Appellee Thomas Wylde, LLC. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (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: 11/12/2021. [12285338] [21-55124]--[COURT UPDATE: Updated docket text to reflect correct party filer. 11/12/2021 by SLM] (Peddie, Richard) [Entered: 11/12/2021 09:40 AM] |
| Filing 39 Filed (ECF) Acknowledgment of hearing notice by Attorney J. Andrew Wright for Appellees Joseph Foster, KF Professional Group, Inc. and Norman Ko. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10) 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: 11/11/2021. [12284981] [21-55124] (Wright, J.) [Entered: 11/11/2021 08:55 AM] |
| Filing 38 Filed (ECF) Appellants PDTW, LLC, Thomas Wylde, LLC and Paula Thomas Motion to stay lower court action. Date of service: 11/09/2021. [12283388] [21-55124] (Biller, Dimitrios) [Entered: 11/09/2021 04:09 PM] |
| Filing 37 STRICKEN PER ORDER [ # 44 ]. Filed (ECF) Appellants Thomas Wylde, LLC, Paula Thomas and PDTW, LLC Correspondence: Exhibits to motion [36]. Date of service: 11/08/2021. [12280736] [21-55124]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 11/08/2021 by SLM] (Biller, Dimitrios) [Entered: 11/08/2021 09:28 AM] |
| Filing 36 STRICKEN PER ORDER [ # 44 ]. Filed (ECF) Appellants PDTW, LLC, Thomas Wylde, LLC and Paula Thomas EMERGENCY Motion for miscellaneous relief [Motion to Stay State Bar Trial under the All Writs Act]. Date of service: 11/07/2021. [12280511] [21-55124] (Biller, Dimitrios) [Entered: 11/07/2021 04:04 PM] |
| Filing 35 Notice of Oral Argument on Monday, December 6, 2021 - 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. 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 Monday, December 6, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12239024]. [21-55069, 21-55124] (KS) [Entered: 09/26/2021 06:08 AM] |
| Filing 34 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for December 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).[12199073]. [21-55069, 21-55124] (KS) [Entered: 08/11/2021 04:31 PM] |
| Filing 33 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for September 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).[12105400]. [21-55069, 21-55124] (KS) [Entered: 05/07/2021 08:41 AM] |
| Filing 32 Received 3 additional paper copies of excerpts of record [ # 11 ] in 22 volumes filed by Appellants. [12077977] (LA) [Entered: 04/16/2021 04:35 PM] |
| Filing 31 Received 6 paper copies of Reply Brief [ # 27 ] filed by PDTW, LLC, Paula Thomas and Thomas Wylde, LLC. [12077542] (SD) [Entered: 04/16/2021 02:04 PM] |
| Filing 30 Received 6 paper copies of Answering Brief [ # 19 ] filed by Thomas Wylde, LLC. [12072819] (SD) [Entered: 04/13/2021 02:19 PM] |
| Filing 29 Received 3 paper copies of supplemental excerpts of record [ # 20 ] in 1 volume(s) filed by Appellee Thomas Wylde, LLC. [12072805] (KWG) [Entered: 04/13/2021 02:10 PM] |
| Filing 28 Filed clerk order: The reply brief [ # 27 ] submitted by PDTW, LLC, Paula Thomas and Thomas Wylde, LLC 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. [12069606] (KWG) [Entered: 04/09/2021 02:13 PM] |
| Filing 27 Submitted (ECF) Reply Brief for review. Submitted by Appellants PDTW, LLC, Paula Thomas and Thomas Wylde, LLC. Date of service: 04/08/2021. [12069603]--(Court entered filing to correct entry [26].) (KWG) [Entered: 04/09/2021 02:11 PM] |
| Filing 26 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 27 ]. Original Text: Filed (ECF) Appellants PDTW, LLC, Thomas Wylde, LLC and Paula Thomas reply to answer to Miscellaneous petition. Date of service: 04/08/2021. [12067478] [21-55124] (Biller, Dimitrios) [Entered: 04/08/2021 07:53 AM] |
| Filing 25 Filed clerk order: The answering brief [ # 19 ] submitted by Thomas Wylde, LLC 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 [ # 20 ] submitted by Thomas Wylde, LLC 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. [12066430] (KWG) [Entered: 04/07/2021 11:29 AM] |
| Filing 24 Entered appearance of Appellee Thomas Wydle, LLC. [12065069] (AF) [Entered: 04/06/2021 11:41 AM] |
| Filing 23 Terminated Richard Byron Peddie for Thomas Wylde, LLC in 21-55124 [12065064] (AF) [Entered: 04/06/2021 11:38 AM] |
| Filing 22 Filed clerk order (Deputy Clerk: MN): This preliminary injunction appeal seeks review of the district courts January 13, 2021 order, entered in the consolidated cases below. The party Thomas Wylde, LLC has appeared in this appeal as a plaintiff-appellant (represented by Dimitrios P. Biller, Esq., and arising from Thomas Wylde, LLC v. Choi, et al., 2:20-cv-11599-JAK-AS) and also as a defendant-appellee (represented by Richard Byron Peddie, Esq., and arising from Thomas, et al. v. Thomas Wylde, LLC, et al., 2:17-cv-04158-JAK-PJW).1 The Clerk will amend the docket to reflect that Thomas Wylde, LLC is both an appellant and an appellee in this appeal. Mr. Peddie will be permitted to make further filings on behalf of Thomas Wylde, LLC only in its capacity as a defendant-appellee. Mr. Biller will be permitted to make further filings on behalf of Thomas Wylde, LLC only in its capacity as a plaintiff-appellant. The Clerk will terminate Mr. Peddie as counsel for Thomas Wylde, LLC, as plaintiff-appellant. The Notice of Withdrawal/Disavowal of Appeal (Docket Entry No. [ # 3 ]), and the motion for judicial notice (Docket Entry No. [ # 21 ]), are referred to the merits panel for whatever consideration it deems appropriate. The Clerk will file the answering brief (Docket Entry No. [ # 19 ]) submitted on behalf of Thomas Wylde, LLC. Mr. Peddies motions for an extension of time to file an answering brief (Docket Entry Nos. [ # 16 ] and [ # 18 ]) are therefore unnecessary. The optional reply brief is due within 21 days after service of the answering brief. [12065016] (AF) [Entered: 04/06/2021 11:10 AM] |
| Filing 21 Filed (ECF) Appellant Thomas Wylde, LLC Motion to take judicial notice of public record documents from other cases related to case below or to its history. Date of service: 03/31/2021. [12060117] [21-55124] (Peddie, Richard) [Entered: 03/31/2021 05:21 PM] |
| Filing 20 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Thomas Wylde, LLC. Date of service: 03/31/2021. [12060114] [21-55124]--[COURT UPDATE: Updated docket text to reflect correct party filer. 04/07/2021 by KWG] (Peddie, Richard) [Entered: 03/31/2021 05:15 PM] |
| Filing 19 Submitted (ECF) Answering Brief for review. Submitted by Appellee Thomas Wylde, LLC. Date of service: 03/31/2021. [12060109] [21-55124]--[COURT UPDATE: Updated docket text to reflect correct party filer. 04/07/2021 by KWG] (Peddie, Richard) [Entered: 03/31/2021 05:06 PM] |
| Filing 18 Filed (ECF) Appellant Thomas Wylde, LLC Motion to extend time to file Answering brief until 04/12/2021. Date of service: 03/24/2021. [12052639] [21-55124] (Peddie, Richard) [Entered: 03/24/2021 07:40 PM] |
| Filing 17 Added Attorney(s) Richard Byron Peddie for party(s) Appellant Thomas Wylde, LLC, in case 21-55124. [12052637] (RR) [Entered: 03/24/2021 07:24 PM] |
| Filing 16 Filed (ECF) Appellee Jene Park Motion to extend time to file Answering brief until 04/12/2021. Date of service: 03/24/2021. [12052568] [21-55124] (Peddie, Richard) [Entered: 03/24/2021 05:10 PM] |
| Filing 15 Filed (ECF) notice of appearance of Richard Byron Peddie (Lawstudios | Richard Byron Peddie, P.C., 5051 Euclid Avenue, Boulder, CO 80303-2831) for Appellant Thomas Wylde, LLC. Date of service: 03/24/2021. (Party was previously proceeding with counsel.) [12052552] [21-55124] (Peddie, Richard) [Entered: 03/24/2021 04:59 PM] |
| Filing 14 Received 6 paper copies of Opening Brief [ # 9 ] filed by PDTW, LLC, Paula Thomas and Thomas Wylde, LLC. [12047863] (SD) [Entered: 03/19/2021 02:41 PM] |
| Filing 13 Received 3 paper copies of excerpts of record [ # 11 ] in 22 volume(s) and index volume filed by Appellants. [12047503] (LA) [Entered: 03/19/2021 12:02 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 9 ] submitted by PDTW, LLC, Paula Thomas and Thomas Wylde, LLC 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 PDTW, LLC, Paula Thomas and Thomas Wylde, LLC 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. [12040509] (KWG) [Entered: 03/15/2021 08:38 AM] |
| Filing 10 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 9 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellant Thomas Wylde, LLC. Date of service: 03/08/2021. [12027853] [21-55124] (Biller, Dimitrios) [Entered: 03/08/2021 02:07 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants PDTW, LLC, Thomas Wylde, LLC, Paula Thomas. Date of service: 03/08/2021. [12027912] [21-55124]--[COURT UPDATE: Attached corrected PDF of the excerpts, vols 1-22, and index volume. Backdated to reflect original filing date. 03/11/2021 by KWG] (Biller, Dimitrios) [Entered: 03/08/2021 02:22 PM] |
| Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellants PDTW, LLC, Thomas Wylde, LLC and Paula Thomas. Date of service: 03/03/2021. [12023590] [21-55124]--[COURT UPDATE: Attached corrected PDF of the brief. Removed PDF of the excerpts, filed correctly in [ # 11 ]. Updated docket text to reflect correct party filers. 03/11/2021 by KWG] (Biller, Dimitrios) [Entered: 03/03/2021 05:00 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. [12018752] (BLS) [Entered: 02/26/2021 05:00 PM] |
| Filing 7 COURT CORRECTION: Terminated Appellees Eric Choi, Choi Assocaite-In-Fact-Enterprise, Consumer Resource Network, Hillshore Investments, S.A., Misty Isaacson, Danny Kim, Launchpaid Communications, Law Office of David Schnider, Doug Lee, Pagter and Perry Isaacson, Thomas Wydle, LLC, Allyson Thompson, United Plus Insurance and Jay Yu in 21-55124 [12017067] (SLM) [Entered: 02/25/2021 03:02 PM] |
| Filing 6 MEDIATION ORDER FILED: By 03/03/2021, 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. [12016027] (BLS) [Entered: 02/24/2021 06:41 PM] |
| Filing 5 Received copy of amended notice of appeal from district court. [12010909] (RR) [Entered: 02/22/2021 07:45 AM] |
| Filing 4 Received copy of amended notice of appeal from district court. [12010899] (RR) [Entered: 02/22/2021 07:38 AM] |
| Filing 3 Filed (ECF) Appellee Thomas Wydle, LLC Correspondence: NOTICE OF (1) THOMAS WYLDE, LLC's WITHDRAWAL / DISAVOWAL OF APPEAL; AND (2) CASE MISDESIGNATION. Date of service: 02/18/2021 [12008842] [21-55124] (Peddie, Richard) [Entered: 02/18/2021 04:00 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 12, 2021 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than March 12, 2021; the answering brief is due April 9, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12007371] (WL) [Entered: 02/17/2021 04:52 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12005117] (RT) [Entered: 02/16/2021 03:48 PM] |
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