Little Orbit LLC v. Descendent Studios, Inc., et al
| LITTLE ORBIT LLC, a California Limited Liability Company |
| DESCENDENT STUDIOS, INC., a Texas corporation and ERIC PETERSON, an individual |
| 21-55852 |
| August 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 24 MEDIATION STATUS REPORT DUE - 10/13/2021. See order for details. [12242354] (CL) [Entered: 09/29/2021 10:09 AM] |
| Filing 23 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference w/ counsel for appellees only, 09/28/2021, 2:00 p.m. Pacific Time. See order for details. [12236239] (CL) [Entered: 09/22/2021 03:17 PM] |
| Filing 22 Filed order (MICHAEL DALY HAWKINS and KENNETH K. LEE): Appellants request to exceed the page limits in support of its stay motion (Docket Entry No. [ # 4 ]-3) and appellants motion to file an oversized reply (Docket Entry No. [ # 16 ]) are granted. The stay motion and reply have been filed. The motions to file under seal certain confidential settlement information in support of the parties briefing on appellants stay motion (Docket Entry Nos. [6] and [12]) are granted. See 9th Cir. R. 27-13. The Clerk will publicly file the parties sealing motions (Docket Entry Nos. [6]-1 and [12]-1) but will maintain under seal the unredacted filings and exhibits (Docket Entry Nos. [6]-2, [6]-3, [12]-2, and [17]). Appellants emergency motion to stay the district courts July 27, 2021 order pending this appeal (Docket Entry No. [ # 4 ]) is denied. Appellant fails to demonstrate that complying with the challenged order during the pendency of this appeal is likely to result in irreparable injury. See Doe #1 v. Trump, 957 F.3d 1050, 1059 (9th Cir. 2020) ([A stay applicant] has the burden of showing that irreparable injury is likely to occur during the period before the appeal is decided.); see also Maness v. Meyers, 419 U.S. 449, 458 (1975) (If a person to whom a court directs an order believes that order is incorrect the remedy is to appeal, but, absent a stay, he must comply promptly with the order pending appeal.); Al Otro Lado v. Wolf, 952 F.3d 999, 1008 (9th Cir. 2020) ([S]elf-inflicted wounds are not irreparable injury.). The opening brief remains due October 12, 2021. The answering brief remains due November 12, 2021. The optional reply brief remains due within 21 days after service of the answering brief. [12234282] (AF) [Entered: 09/21/2021 09:33 AM] |
| Filing 21 Filed Appellant Little Orbit LLC motion to file certain confidential settlement information in support of the parties briefing on appellants stay motion UNDER SEAL. Deficiencies: None. Served on 09/03/2021. (Court-entered filing of motion submitted under seal at [12]) [12234267] (AF) [Entered: 09/21/2021 09:30 AM] |
| Filing 20 Filed Appellant Little Orbit LLC motion to file certain confidential settlement information in support of the parties briefing on appellants stay motion UNDER SEAL. Deficiencies: None. Served on 08/25/2021. (Court-entered filing of motion submitted under seal at [6]) [12234260] (AF) [Entered: 09/21/2021 09:28 AM] |
| Filing 19 Added Attorney(s) Michael C. Whitticar for party(s) Appellee Descendent Studios, Inc. Appellee Eric Peterson. [12231429] (RL) [Entered: 09/17/2021 10:08 AM] |
| Filing 18 Filed (ECF) notice of appearance of Michael Christian Whitticar (NOVA IP Law, PLLC. 155 Broadview Avenue, Suite 200, Warrenton, Virginia 20186) for Appellees Eric Peterson and Descendent Studios, Inc.. Date of service: 09/17/2021. (Party was previously proceeding with counsel.) [12231198] [21-55852] (Whitticar, Michael) [Entered: 09/17/2021 08:29 AM] |
| Filing 17 Filed (ECF) UNDER SEAL Appellant Little Orbit LLC motion to file document under seal and submit sealed document. Type of document: other (Reply re Emergency Motion for Stay). Date of service: 09/10/2021. [12228260] [21-55852]--[COURT UPDATE: Backdated entry to original file date, updated docket text to reflect content of filing. 09/16/2021 by LA] (Richardson, M.) [Entered: 09/14/2021 02:56 PM] |
| Filing 16 Filed (ECF) Appellant Little Orbit LLC Motion for miscellaneous relief [Motion to file oversized reply]. Date of service: 09/10/2021. [12227548] --[COURT ENTERED FILING to correct entry [ # 14 ] .] (TYL) [Entered: 09/14/2021 10:05 AM] |
| Filing 15 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [17]. Original Text: Filed (ECF) UNDER SEAL Appellant Little Orbit LLC notice of filing document under seal. Type of document: other (Reply re Emergency Motion for Stay). Date of service: 09/10/2021. [12226024] [21-55852] (Richardson, M.) [Entered: 09/10/2021 11:54 PM] |
| Filing 14 Filed (ECF) Appellant Little Orbit LLC reply to response (motion to stay lower court action). Date of service: 09/10/2021. [12226023] [21-55852] --[COURT UPDATE: Removed motion (refiled in entry [ # 16 ]). 9/14/2021 by TYL] (Richardson, M.) [Entered: 09/10/2021 11:52 PM] |
| Filing 13 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Assessment Conference, 09/20/2021, 10:00 a.m. Pacific Time. (originally scheduled on 09/15/2021). [12222042] (CL) [Entered: 09/07/2021 03:15 PM] |
| Filing 12 Filed (ECF) UNDER SEAL Appellees Descendent Studios, Inc., and Eric Peterson motion to file document under seal and submit sealed document. Type of document: other (Respondents' Opposition to Motion to Stay Pending Appeal [Under Seal]). Date of service: 09/03/2021. [12220672] [21-55852]--[COURT UPDATE: updated docket text to correct filers. 09/08/2021 by KT] (Shamonki, Nada) [Entered: 09/03/2021 09:28 PM] |
| Filing 11 Filed (ECF) Appellees Descendent Studios, Inc. and Eric Peterson response opposing motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing)). Date of service: 09/03/2021. [12220670] [21-55852] (Shamonki, Nada) [Entered: 09/03/2021 09:23 PM] |
| Filing 10 Filed (ECF) Appellees Descendent Studios, Inc. and Eric Peterson response opposing motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing)). Date of service: 09/03/2021. [12220668] [21-55852] (Shamonki, Nada) [Entered: 09/03/2021 09:18 PM] |
| Filing 9 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 09/15/2021, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12219569] (CL) [Entered: 09/02/2021 06:55 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 08/25/2021. 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.[12211292]. [21-55852] (AD) [Entered: 08/25/2021 12:44 PM] |
| Filing 7 Filed (ECF) Appellant Little Orbit LLC Mediation Questionnaire. Date of service: 08/25/2021. [12210997] [21-55852] (Richardson, M.) [Entered: 08/25/2021 10:18 AM] |
| Filing 6 Filed (ECF) UNDER SEAL Appellant Little Orbit LLC motion to file document under seal and submit sealed document. Type of document: other (APPELLANT'S MOTION TO FILE CONFIDENTIAL SETTLEMENT INFORMATION IN SUPPORT OF EMERGENCY MOTION FOR STAY UNDER SEAL PURSUANT TO NINTH CIR. R. 27-13). Date of service: 08/25/2021. [12210652] [21-55852] (Richardson, M.) [Entered: 08/25/2021 02:05 AM] |
| Filing 5 Filed (ECF) Appellant Little Orbit LLC Correspondence: Appendix in support of emergency motion. Date of service: 08/24/2021. [12210631] [21-55852] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 8/25/2021 by TYL] (Richardson, M.) [Entered: 08/24/2021 07:23 PM] |
| Filing 4 Filed (ECF) Appellant Little Orbit LLC EMERGENCY Motion to stay lower court action. Date of service: 08/24/2021. [12210630] [21-55852] (Richardson, M.) [Entered: 08/24/2021 06:54 PM] |
| Filing 3 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12206452] (LW) [Entered: 08/19/2021 03:56 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [12197270] (RL) [Entered: 08/10/2021 01:52 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Little Orbit LLC Mediation Questionnaire due on 08/16/2021. Appellant Little Orbit LLC opening brief due 10/12/2021. Appellees Descendent Studios, Inc. and Eric Peterson answering brief due 11/12/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12196103] (RT) [Entered: 08/09/2021 03:22 PM] |
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