Balboa Capital Corporation v. New Image Dental Laboratory, et al
| BALBOA CAPITAL CORPORATION, a California Corporation |
| NEW IMAGE DENTAL LABORATORY, INC., a Georgia corporation |
| NATIONAL PROCESSING ALLIANCE, INC. |
| 21-55683 |
| June 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 16 Added Attorney(s) Ronald R. St. John for party(s) Appellee New Image Dental Laboratory, Inc., in case 21-55683. [12213894] (NAC) [Entered: 08/27/2021 02:20 PM] |
| Filing 15 Filed (ECF) notice of appearance of Ron St. John (Barton Klugman & Oetting LLP, 350 S. Grand Avenue, Suite 2200, Los Angeles, CA 90071) for Appellee New Image Dental Laboratory, Inc.. Date of service: 08/27/2021. (Party was previously proceeding with counsel.) [12213814] [21-55683] (St. John, Ronald) [Entered: 08/27/2021 01:53 PM] |
| Filing 14 Attorney Terry Lees Higham substituted by Attorney Tod V. Beebe in 21-55683. [12212852] (HH) [Entered: 08/26/2021 04:20 PM] |
| Filing 13 Filed (ECF) notice of appearance of Tod Vincent Beebe (Barton, Klugman & Oetting LLP, 350 S. Grand Avenue, Suite 2200, Los Angeles, CA 90071) for Appellee New Image Dental Laboratory, Inc.. Substitution for Attorney Mr. Terry Lees Higham, Esquire for Appellee New Image Dental Laboratory, Inc.. Date of service: 08/26/2021. (Party was previously proceeding with counsel.) [12212819] [21-55683] (Beebe, Tod) [Entered: 08/26/2021 04:08 PM] |
| Filing 12 Filed order MEDIATION (SML): A dial-in settlement conference will be held on September 2, 2021, at 2:00 p.m. Pacific Time. Each participant will receive an email with dial-in information. Counsel are requested to contact the Circuit Mediator by email (stephen_liacouras@ca9.uscourts.gov) should circumstances develop that warrant further discussions prior to the next scheduled conference. [12212187] (WL) [Entered: 08/26/2021 10:17 AM] |
| Filing 11 Filed (ECF) Appellee New Image Dental Laboratory, Inc. response to Court order dated 07/02/2021. Date of service: 08/16/2021. [12203018] [21-55683] (Higham, Terry) [Entered: 08/16/2021 04:47 PM] |
| Filing 10 Added Attorney Richard Lawrence Antognini for Appellant National Processing Alliance, Inc., in case 21-55683. [12194562] (HH) [Entered: 08/06/2021 04:06 PM] |
| Filing 9 Filed (ECF) notice of appearance of Richard Lawrence Antognini (Law Office of Richard L. Antognini, 2036 Nevada City Highway, Suite 636, Grass Valley, California 95945-7700) for Appellant National Processing Alliance, Inc.. Date of service: 08/06/2021. (Party was previously proceeding with counsel.) [12194531] [21-55683] (Antognini, Richard) [Entered: 08/06/2021 03:49 PM] |
| Filing 8 Filed (ECF) Appellant National Processing Alliance, Inc. response to order to show cause dated 07/02/2021. Date of service: 08/06/2021. [12194488] [21-55683] (Jarman, Denise) [Entered: 08/06/2021 03:24 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: LCC): The motion to extend the time to respond to the courts July 2, 2021 order (Docket Entry No. [ # 6 ]) is granted. Appellants response is due August 6, 2021. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. [12184802] (JPD) [Entered: 07/27/2021 04:32 PM] |
| Filing 6 Filed (ECF) Appellant National Processing Alliance, Inc. Motion to extend time to comply with the order dated 07/02/2021. Date of service: 07/23/2021. [12182011] [21-55683] (Jarman, Denise) [Entered: 07/23/2021 05:19 PM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 08/25/2021, 11:00 a.m., PACIFIC Time. See order for instructions and details. [12171625] (VS) [Entered: 07/13/2021 04:13 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 07/06/2021. 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.[12163453]. [21-55683] (AD) [Entered: 07/06/2021 12:44 PM] |
| Filing 3 Filed (ECF) Appellant National Processing Alliance, Inc. Mediation Questionnaire. Date of service: 07/06/2021. [12163369] [21-55683] (Jarman, Denise) [Entered: 07/06/2021 12:05 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the challenged order denying appellants motion for relief from the clerks entry of default may not be final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Symantec Corp. v. Glob. Impact, Inc., 559 F.3d 922, 923 (9th Cir. 2009) (Whereas we have jurisdiction to review a district courts order denying a motion to set aside the entry of a default judgment . . . , we lack jurisdiction overappeal from an order denying a motion to set aside the entry of default alone . . . .); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable under 1291 unless it disposes of all claims as to all parties or judgment is entered in compliance with Rule 54(b)); see also Silberkleit v. Kantrowitz, 713 F.2d 433, 434 (9th Cir. 1983) (orders granting or denying stays are generally not appealable under 1291). Further, the challenged order may not fall within the classes of orders immediately appealable under 9 U.S.C. 16. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12161553] (WL) [Entered: 07/02/2021 11:24 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant National Processing Alliance, Inc. Mediation Questionnaire due on 07/06/2021. Transcript ordered by 07/26/2021. Transcript due 08/24/2021. Appellant National Processing Alliance, Inc. opening brief due 10/04/2021. Appellee New Image Dental Laboratory, Inc. answering brief due 11/03/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12157858] (JBS) [Entered: 06/29/2021 02:06 PM] |
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