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. |
| 21-55737 |
| July 14, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 17 Filed order (Deputy Clerk: SL) The conference previously scheduled for September 8, 2021, is canceled. Appellants motion to dismiss this appeal (Docket Entry No. [ # 16 ]) is granted. Fed. R. App. P. 42(b). The parties shall bear their own costs on appeal. A copy of this order shall serve as and for the mandate of this court. [12223960] (JPD) [Entered: 09/09/2021 09:21 AM] |
| Filing 16 Filed (ECF) Appellant New Image Dental Laboratory, Inc. Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 09/03/2021. [12219971] [21-55737] (St. John, Ronald) [Entered: 09/03/2021 11:30 AM] |
| Filing 15 Filed (ECF) Appellant New Image Dental Laboratory, Inc. reply to response to order to show cause dated 08/23/2021. Date of service: 08/30/2021. [12215178] [21-55737] (St. John, Ronald) [Entered: 08/30/2021 01:03 PM] |
| Filing 14 Added Attorney(s) Christopher D. Higashi for party(s) Appellant New Image Dental Laboratory, Inc., in case 21-55737. [12215008] (JFF) [Entered: 08/30/2021 11:31 AM] |
| Filing 13 Filed (ECF) notice of appearance of Christopher D. Higashi (Barton Klugman & Oetting LLP, 350 S. Grand Avenue, Suite 2200, Los Angeles, CA 90071) for Appellant New Image Dental Laboratory, Inc.. Date of service: 08/30/2021. (Party was previously proceeding with counsel.) [12214836] [21-55737] (Higashi, Christopher) [Entered: 08/30/2021 10:03 AM] |
| Filing 12 Added Attorney(s) Ronald R. St. John for party(s) Appellant New Image Dental Laboratory, Inc., in case 21-55737. [12213835] (RR) [Entered: 08/27/2021 01:58 PM] |
| Filing 11 Filed (ECF) notice of appearance of Ron St. John (Barton Klugman & Oetting LLP, 350 S. Grand Avenue, Suite 2200, Los Angeles, CA 90071) for Appellant New Image Dental Laboratory, Inc.. Date of service: 08/27/2021. (Party was previously proceeding with counsel.) [12213806] [21-55737] (St. John, Ronald) [Entered: 08/27/2021 01:51 PM] |
| Filing 10 Attorney Terry Lees Higham in 21-55737 substituted by Attorney Tod V. Beebe in 21-55737 [12212818] (JFF) [Entered: 08/26/2021 04:08 PM] |
| Filing 9 Filed (ECF) notice of appearance of Tod Vincent Beebe (Barton, Klugman & Oetting LLP, 350 S. Grand Avenue, Suite 2200, Los Angeles, CA 90071) for Appellant New Image Dental Laboratory, Inc.. Substitution for Attorney Mr. Terry Lees Higham, Esquire for Appellant New Image Dental Laboratory, Inc.. Date of service: 08/26/2021. (Party was previously proceeding with counsel.) [12212795] [21-55737] (Beebe, Tod) [Entered: 08/26/2021 04:01 PM] |
| Filing 8 Filed order MEDIATION (SML): A dial-in telephone conference will be held on September 8, 2021, at 1:00 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.[12212199] (WL) [Entered: 08/26/2021 10:22 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: LCC): Appellants motion to extend the time to respond to the courts July 19, 2021 order (Docket Entry No. [12196170+6]) is granted. Appellants response is due August 30, 2021. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. Briefing remains suspended. [12208563] (WL) [Entered: 08/23/2021 12:01 PM] |
| Filing 6 Filed (ECF) Appellant New Image Dental Laboratory, Inc. Motion to extend time to file a response until 08/30/2021. Date of service: 08/09/2021. [12196170] [21-55737] (Higham, Terry) [Entered: 08/09/2021 03:51 PM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 08/25/2021, 11:00 a.m., PACIFIC Time. See order for instructions and details. [12185653] (VS) [Entered: 07/28/2021 01:33 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 07/21/2021. 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.[12179530]. [21-55737] (AD) [Entered: 07/21/2021 06:44 PM] |
| Filing 3 Filed (ECF) Appellant New Image Dental Laboratory, Inc. Mediation Questionnaire. Date of service: 07/21/2021. [12179211] [21-55737] (Higham, Terry) [Entered: 07/21/2021 03:15 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 order challenged in the appeal may not be final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); 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 Speiser, Krause & Madole P.C. v. Ortiz, 271 F.3d 884, 886 (9th Cir. 2001) ([E]ntry of default alone does not constitute an appealable final order.). 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. [12176071] (WL) [Entered: 07/19/2021 11:29 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant New Image Dental Laboratory, Inc. Mediation Questionnaire due on 07/21/2021. Transcript ordered by 08/11/2021. Transcript due 09/10/2021. Appellant New Image Dental Laboratory, Inc. opening brief due 10/20/2021. Appellee Balboa Capital Corporation answering brief due 11/19/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12172291] (JBS) [Entered: 07/14/2021 11:44 AM] |
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