Luis Pino v. Cardone Capital, LLC, et al
| CARDONE CAPITAL, LLC, GRANT CARDONE, CARDONE EQUITY FUND VI, LLC and CARDONE EQUITY FUND V, LLC |
| LUIS PINO, on behalf of himself and all others similarly situated |
| 21-55564 |
| June 2, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Securities, Commodities, Exchange |
Opinions
We have the following opinions for this case:
| Description |
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 LUIS PINO V. CARDONE CAPITAL, LLC, ET AL
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| LUIS PINO V. CARDONE CAPITAL, LLC, ET AL |
| LUIS PINO V. CARDONE CAPITAL, LLC, ET AL |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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Filing 61
Supreme Court Case Info Case number: 22-1016 Filed on: 04/14/2023 Cert Petition Action 1: Denied, 10/02/2023 [12804066] (NAC) [Entered: 10/04/2023 10:00 AM]
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Filing 60
Supreme Court Case Info Case number: 22-1016 Filed on: 04/14/2023 Cert Petition Action 1: Pending [12699292] (RL) [Entered: 04/20/2023 11:04 AM]
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Filing 59
MANDATE ISSUED.(MBC, DAB and BMGL) [12696508] (QDL) [Entered: 04/17/2023 09:57 AM]
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Filing 58
Filed order (MORGAN B. CHRISTEN, DANIEL A. BRESS and BARBARA M. G. LYNN) Appellees motion to stay the mandate pending the filing of a petition for writ of certiorari, ECF No. [ # 57 ], is DENIED. See Fed. R. App. P. 41(d)(1). [12691124] (OC) [Entered: 04/07/2023 11:00 AM]
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Filing 57
Filed (ECF) Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone Motion to stay the mandate. Date of service: 02/28/2023. [12663608] [21-55564] (Voigts, Anne) [Entered: 02/28/2023 11:26 AM]
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Filing 56
Filed order and amended memorandum (MORGAN B. CHRISTEN, DANIEL A. BRESS and BARBARA M. G. LYNN). The memorandum disposition filed on December 21, 2022, is amended as follows: On page 11, line 2, insert |
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Filing 55
Filed (ECF) Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone petition for panel rehearing (from 12/21/2022 memorandum). Date of service: 02/03/2023. [12645918] [21-55564] (Voigts, Anne) [Entered: 02/03/2023 02:31 PM]
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Filing 54
Filed order (MORGAN B. CHRISTEN, DANIEL A. BRESS and BARBARA M. G. LYNN) Defendants-Appellees unopposed motion to extend the deadline for a petition for rehearing (dkt. #[ # 53 ]) is GRANTED. Defendants-Appellees petition for rehearing shall be filed on or before February 3, 2023. [12619017] (OC) [Entered: 12/28/2022 10:06 AM]
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Filing 53
Filed (ECF) Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone Unopposed Motion to extend time to file petition for rehearing until 02/03/2023. Date of service: 12/27/2022. [12618163] [21-55564] (Voigts, Anne) [Entered: 12/27/2022 12:41 PM]
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Filing 52
FILED MEMORANDUM (MORGAN B. CHRISTEN, DANIEL A. BRESS and BARBARA M. G. LYNN) AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. The parties shall bear their own costs on appeal. [12615381] (MM) [Entered: 12/21/2022 08:28 AM]
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Filing 51
FILED OPINION (MORGAN B. CHRISTEN, DANIEL A. BRESS and BARBARA M. G. LYNN) AFFIRMED IN PART, REVERSED IN PART. The parties shall bear their own costs on appeal. Judge: BMGL Authoring. FILED AND ENTERED JUDGMENT. [12615379] (MM) [Entered: 12/21/2022 08:25 AM]
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Filing 50
Received 6 paper copies of Supplemental Brief [ # 47 ] filed by Appellees. (sent to panel) [12416270] (SD) [Entered: 04/08/2022 01:42 PM]
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Filing 49
Received 6 paper copies of Supplemental Brief [ # 46 ] filed by Luis Pino. (sent to panel) [12413968] (SD) [Entered: 04/06/2022 12:02 PM]
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Filing 48
Filed clerk order: The supplemental brief [ # 46 ] submitted by Appellant Luis Pino is filed. The supplemental brief [ # 47 ] submitted by Appellees is filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the supplemental briefs must be tan. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12411926] (SML) [Entered: 04/04/2022 01:23 PM]
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Filing 47
Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Cardone Capital, LLC, Grant Cardone, Cardone Equity Fund VI, LLC and Cardone Equity Fund V, LLC. Date of service: 04/01/2022. [12411175] [21-55564] (Voigts, Anne) [Entered: 04/01/2022 10:43 PM]
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Filing 46
Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Luis Pino. Date of service: 04/01/2022. [12411174] [21-55564] (Seltzer, Marc) [Entered: 04/01/2022 10:40 PM]
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Filing 45
Filed order (MORGAN B. CHRISTEN, DANIEL A. BRESS and BARBARA M. G. LYNN) The parties are ordered to file supplemental briefs, not to exceed 15 pages in length, addressing Wildes v. BitConnect Intl PLC, 25 F.4th 1341 (11th Cir. 2022). The supplemental briefs shall be filed within 14 days of the filing date of this order. [12398737] (WL) [Entered: 03/18/2022 09:19 AM]
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Filing 44
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/ [12398400] (BJK) [Entered: 03/17/2022 04:12 PM]
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Filing 43
ARGUED AND SUBMITTED TO MORGAN B. CHRISTEN, DANIEL A. BRESS and BARBARA M. G. LYNN. [12397724] (BJK) [Entered: 03/17/2022 11:44 AM]
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Filing 42
Filed (ECF) Appellant Luis Pino citation of supplemental authorities. Date of service: 02/28/2022. [12381504] [21-55564] (Mathur, Raj) [Entered: 02/28/2022 10:27 AM]
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Filing 41
Filed (ECF) Acknowledgment of hearing notice by Attorney Raj Mathur for Appellant Luis Pino. Hearing in San Francisco on 03/17/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. 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: 02/17/2022. [12373343] [21-55564] (Mathur, Raj) [Entered: 02/17/2022 12:03 PM]
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Filing 40
Received 6 paper copies of Reply Brief [ # 38 ] filed by Luis Pino. (sent to panel) [12347605] (SD) [Entered: 01/21/2022 02:03 PM]
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Filing 39
Filed clerk order: The reply brief [ # 38 ] submitted by Luis Pino 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. [12344254] (KT) [Entered: 01/19/2022 09:26 AM]
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Filing 38
Submitted (ECF) Reply Brief for review. Submitted by Appellant Luis Pino. Date of service: 01/18/2022. [12344045] [21-55564] (Seltzer, Marc) [Entered: 01/18/2022 09:43 PM]
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Filing 37
Added Attorney(s) Raj Mathur for party(s) Appellant Luis Pino. [12341463] (RL) [Entered: 01/14/2022 01:44 PM]
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Filing 36
Filed (ECF) notice of appearance of Raj Mathur (Susman Godfrey L.L.P. 1301 Avenue of the Americas, 32nd Floor New York, NY 10019) for Appellant Luis Pino. Date of service: 01/14/2022. (Party was previously proceeding with counsel.) [12341449] [21-55564] (Mathur, Raj) [Entered: 01/14/2022 01:38 PM]
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Filing 35
Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Anne M. Voigts for Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone. Hearing in San Francisco on 03/17/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. 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: 01/05/2022. [12331468] [21-55564] (Voigts, Anne) [Entered: 01/05/2022 08:16 AM]
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Filing 34
Notice of Oral Argument on Thursday, March 17, 2022 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco 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, March 17, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12328425]. [21-55564] (KS) [Entered: 01/02/2022 06:10 AM]
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Filing 33
Streamlined request [31] by Appellant Luis Pino to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 01/18/2022. [12308805] (JN) [Entered: 12/07/2021 02:32 PM]
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Filing 32
Filed (ECF) Attorney Krysta Kauble Pachman for Appellant Luis Pino response to notice for case being considered for oral argument. Date of service: 12/07/2021. [12308627] [21-55564] (Pachman, Krysta) [Entered: 12/07/2021 01:36 PM]
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Filing 31
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Luis Pino. New requested due date is 01/18/2022. [12308613] [21-55564] (Pachman, Krysta) [Entered: 12/07/2021 01:30 PM]
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Filing 30
Filed (ECF) Attorney Ms. Anne M. Voigts for Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone response to notice for case being considered for oral argument. Date of service: 12/03/2021. [12304801] [21-55564] (Voigts, Anne) [Entered: 12/03/2021 10:04 AM]
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Filing 29
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for March 2022 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).[12303938]. [21-55564] (KS) [Entered: 12/02/2021 12:41 PM]
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Filing 28
Received 6 paper copies of Answering Brief [ # 24 ] filed by Appellees. [12301808] (SD) [Entered: 11/30/2021 04:12 PM]
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Filing 27
Received 4 paper copies of supplemental excerpts of record [ # 25 ] in 1 volume(s) filed by Appellees. [12301251] (KWG) [Entered: 11/30/2021 12:21 PM]
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Filing 26
Filed clerk order: The answering brief [ # 24 ] 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 [ # 25 ] 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. [12299186] (KT) [Entered: 11/29/2021 08:25 AM]
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Filing 25
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone. Date of service: 11/26/2021. [12298858] [21-55564] (Voigts, Anne) [Entered: 11/26/2021 05:16 PM]
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Filing 24
Submitted (ECF) Answering Brief for review. Submitted by Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone. Date of service: 11/26/2021. [12298857] [21-55564] (Voigts, Anne) [Entered: 11/26/2021 05:13 PM]
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Filing 23
Filed clerk order (Deputy Clerk: LKK):(ECF Filing) filed by Appellees Cardone Capital, LLC, Grant Cardone, Cardone Equity Fund V, LLC and Cardone Equity Fund VI, LLC; Granting Motion [ # 12256428-2 ] (ECF Filing) motion to extend time to file brief filed by Appellees Cardone Capital, LLC, Grant Cardone, Cardone Equity Fund V, LLC and Cardone Equity Fund VI, LLC. Appellees Grant Cardone, Cardone Capital, LLC, Cardone Equity Fund V, LLC and Cardone Equity Fund VI, LLC answering brief due 11/26/2021. The optional reply brief is due 21 days after service of the answering brief. [12258473] (LKK) [Entered: 10/15/2021 12:21 PM]
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Filing 22
Filed (ECF) Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone Unopposed Motion to extend time to file Answering brief until 11/26/2021. Date of service: 10/15/2021. [12258290] [21-55564] (Voigts, Anne) [Entered: 10/15/2021 10:50 AM]
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Filing 21
Streamlined request [20] by Appellees Grant Cardone, Cardone Capital, LLC, Cardone Equity Fund V, LLC and Cardone Equity Fund VI, LLC to extend time to file the brief is approved. Amended briefing schedule: Appellees Grant Cardone, Cardone Capital, LLC, Cardone Equity Fund V, LLC and Cardone Equity Fund VI, LLC answering brief due 10/27/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12222053] (JN) [Entered: 09/07/2021 03:18 PM]
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Filing 20
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone. New requested due date is 10/27/2021. [12221862] [21-55564] (Voigts, Anne) [Entered: 09/07/2021 02:20 PM]
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Filing 19
Received 6 paper copies of Opening Brief [ # 14 ] filed by Luis Pino. [12221798] (SD) [Entered: 09/07/2021 01:58 PM]
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Filing 18
Received 3 paper copies of excerpts of record [ # 15 ] in 3 volume(s) and index volume filed by Appellant Luis Pino. [12221199] (KWG) [Entered: 09/07/2021 09:52 AM]
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Filing 17
Filed clerk order: The opening brief [ # 14 ] submitted by Luis Pino 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 [ # 15 ] submitted by Luis Pino 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. [12213209] (KT) [Entered: 08/27/2021 09:15 AM]
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Filing 16
Added Attorney(s) Krysta Kauble Pachman for party(s) Appellant Luis Pino. [12213146] (RL) [Entered: 08/27/2021 08:51 AM]
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Filing 15
Submitted (ECF) excerpts of record. Submitted by Appellant Luis Pino. Date of service: 08/26/2021. [12212993] [21-55564] (Seltzer, Marc) [Entered: 08/26/2021 10:21 PM]
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Filing 14
Submitted (ECF) Opening Brief for review. Submitted by Appellant Luis Pino. Date of service: 08/26/2021. [12212992] [21-55564] (Seltzer, Marc) [Entered: 08/26/2021 10:16 PM]
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Filing 13
Filed (ECF) notice of appearance of Krysta Kauble Pachman (Susman Godfrey LLP, 1900 Avenue of the Stars, Suite 1400, Los Angeles, CA 90067) for Appellant Luis Pino. Date of service: 08/26/2021. (Party was previously proceeding with counsel.) [12212979] [21-55564] (Pachman, Krysta) [Entered: 08/26/2021 09:10 PM]
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Filing 12
Streamlined request [11] by Appellant Luis Pino to extend time to file the brief is approved. Amended briefing schedule: Appellant Luis Pino opening brief due 08/26/2021. Appellees Grant Cardone, Cardone Capital, LLC, Cardone Equity Fund V, LLC and Cardone Equity Fund VI, LLC answering brief due 09/27/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12169581] (BG) [Entered: 07/12/2021 11:16 AM]
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Filing 11
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Luis Pino. New requested due date is 08/26/2021. [12169369] [21-55564] (Seltzer, Marc) [Entered: 07/12/2021 09:45 AM]
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Filing 10
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12157584] (VS) [Entered: 06/29/2021 12:31 PM]
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Filing 9
MEDIATION ORDER FILED: By 06/24/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and 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. [12140098] (VS) [Entered: 06/10/2021 09:40 AM]
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Filing 8
The Mediation Questionnaire for this case was filed on 06/09/2021. 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.[12138931]. [21-55564] (AD) [Entered: 06/09/2021 12:44 PM]
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Filing 7
Filed (ECF) Appellant Luis Pino Mediation Questionnaire. Date of service: 06/09/2021. [12138846] [21-55564] (Seltzer, Marc) [Entered: 06/09/2021 11:55 AM]
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Filing 6
Added Attorney(s) Lisa Bugni for party(s) Appellee Cardone Capital, LLC Appellee Grant Cardone Appellee Cardone Equity Fund VI, LLC Appellee Cardone Equity Fund V, LLC. [12137377] (RL) [Entered: 06/08/2021 11:32 AM]
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Filing 5
Filed (ECF) notice of appearance of Lisa R. Bugni (KING & SPALDING LLP, 50 California Street, Suite 3300, San Francisco, CA 94111) for Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone. Date of service: 06/08/2021. (Party was previously proceeding with counsel.) [12137363] [21-55564] (Bugni, Lisa) [Entered: 06/08/2021 11:26 AM]
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Filing 4
Filed (ECF) notice of appearance of Marc M. Seltzer (Susman Godfrey L.L.P., 1900 Avenue of the Stars, Suite 1400, Los Angeles, CA 90067) for Appellant Luis Pino. Date of service: 06/03/2021. (Party was previously proceeding with counsel.) [12133027] [21-55564] (Seltzer, Marc) [Entered: 06/03/2021 03:05 PM]
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Filing 3
Added Attorney(s) Anne M. Voigts for party(s) Appellee Cardone Capital, LLC Appellee Grant Cardone Appellee Cardone Equity Fund VI, LLC Appellee Cardone Equity Fund V, LLC. [12132856] (RL) [Entered: 06/03/2021 01:38 PM]
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Filing 2
Filed (ECF) notice of appearance of Anne M. Voigts (KING & SPALDING LLP 601 South California Avenue Suite 100 Palo Alto, CA 94304) for Appellees Cardone Capital, LLC, Cardone Equity Fund V, LLC, Cardone Equity Fund VI, LLC and Grant Cardone. Date of service: 06/03/2021. (Party was previously proceeding with counsel.) [12132839] [21-55564] (Voigts, Anne) [Entered: 06/03/2021 01:31 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Luis Pino Mediation Questionnaire due on 06/09/2021. Appellant Luis Pino opening brief due 07/27/2021. Appellees Grant Cardone, Cardone Capital, LLC, Cardone Equity Fund V, LLC and Cardone Equity Fund VI, LLC answering brief due 08/26/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12130855] (JBS) [Entered: 06/02/2021 10:18 AM]
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