Fitness International, LLC v. DDRM Hill Top Plaza, LP
| FITNESS INTERNATIONAL, LLC, a California limited liability company |
| DDRM HILL TOP PLAZA, LP, a Delaware limited partnership |
| 21-56258 |
| November 18, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 14 Filed clerk order (Deputy Clerk: LCC): A review of the record and appellants response to the courts December 1, 2021 order reflects that the district court has ruled on the post-judgment motion and entered an amended judgment, which appellant appeals in No. 22-55012. Accordingly, this appeal may be moot. Within 21 days after the date of this order, appellant shall either 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. [12332423] (OC) [Entered: 01/05/2022 03:35 PM] |
| Filing 13 Added Attorney(s) Faisal M. Zubairi for party(s) Appellant Fitness International, LLC, in case 21-56258. [12329354] (JFF) [Entered: 01/03/2022 02:10 PM] |
| Filing 12 Filed (ECF) notice of appearance of Faisal M. Zubairi (Dorsey & Whitney LLP, 600 Anton Boulevard, Suite 2000, Costa Mesa, CA 92626) for Appellant Fitness International, LLC. Date of service: 01/03/2022. (Party was previously proceeding with counsel.) [12329341] [21-56258] (Zubairi, Faisal) [Entered: 01/03/2022 02:07 PM] |
| Filing 11 Attorney Stephen Weisskopf in 21-56258 substituted by Attorney Bryan Martin McGarry in 21-56258 [12329326] (JFF) [Entered: 01/03/2022 02:02 PM] |
| Filing 10 Filed (ECF) notice of appearance of Bryan Martin McGarry (Dorsey & Whitney LLP, 600 Anton Boulevard, Suite 2000, Costa Mesa, CA 92626) for Appellant Fitness International, LLC. Substitution for Attorney Stephen Weisskopf for Appellant Fitness International, LLC. Date of service: 01/03/2022. (Party was previously proceeding with counsel.) [12329242] [21-56258] (McGarry, Bryan) [Entered: 01/03/2022 01:39 PM] |
| Filing 9 Filed (ECF) Appellant Fitness International, LLC Correspondence: Notification letter to the Court of District Court's ruling for the Motion for Attorneys' Fees in the underlying dispute. Date of service: 12/09/2021 [12311996] [21-56258] (Weisskopf, Stephen) [Entered: 12/09/2021 04:37 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. [12310118] (CL) [Entered: 12/08/2021 01:38 PM] |
| Filing 7 MEDIATION ORDER FILED: By 12/08/2021, 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. [12302620] (CL) [Entered: 12/01/2021 01:31 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: LCC): The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling. Any party intending to appeal the district courts ruling on the post-judgment motion must file a notice of appeal, or an amended notice of appeal, within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12302040] (TSP) [Entered: 12/01/2021 08:09 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 11/26/2021. 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.[12298580]. [21-56258] (AD) [Entered: 11/26/2021 12:44 PM] |
| Filing 4 Filed (ECF) Appellant Fitness International, LLC Mediation Questionnaire. Date of service: 11/26/2021. [12298499] [21-56258] (Weisskopf, Stephen) [Entered: 11/26/2021 11:19 AM] |
| Filing 3 Added Attorney(s) Fred Wilks for party(s) Appellee DDRM Hill Top Plaza, LP. [12294881] (RL) [Entered: 11/22/2021 11:44 AM] |
| Filing 2 Filed (ECF) notice of appearance of Fred L. Wilks (Hodel Wilks LLP) for Appellee DDRM Hill Top Plaza, LP. Date of service: 11/22/2021. (Party was previously proceeding with counsel.) [12294847] [21-56258] (Wilks, Fred) [Entered: 11/22/2021 11:32 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Fitness International, LLC Mediation Questionnaire due on 11/26/2021. Transcript ordered by 12/20/2021. Transcript due 01/18/2022. Appellant Fitness International, LLC opening brief due 02/28/2022. Appellee DDRM Hill Top Plaza, LP answering brief due 03/30/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12292053] (JBS) [Entered: 11/18/2021 02:21 PM] |
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| Appellant: FITNESS INTERNATIONAL, LLC, a California limited liability company | |
| Represented By: | Stephen Weisskopf |
| Represented By: | Bryan Martin McGarry Esquire |
| Represented By: | Faisal M. Zubairi |
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| Counter claimant: DDRM HILL TOP PLAZA, LP, a Delaware limited partnership | |
| Represented By: | Matthew Hodel |
| Represented By: | Fred Wilks |
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