Gregory Malley v. San Jose Midtown Development LLC, et al
| GREGORY MALLEY |
| SAN JOSE MIDTOWN DEVELOPMENT LLC, SANGEETH PERURI, THOMAS MALGESINI, ASHISH PATEL, PERURI CAPITAL PARTNERS, LLC, FOUR GATES CAPITAL, LLC and PROCURATOR HOLDINGS, LLC |
| 22-15190 |
| February 8, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
Opinions
We have the following opinions for this case:
| Description |
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| GREGORY MALLEY V. SAN JOSE MIDTOWN DEVELOPMENT LLC, ET AL |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
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Filing 54
MANDATE ISSUED.(JSB, PJB and RDB) [12678281] [22-15190, 22-15191] (BJK) [Entered: 03/21/2023 10:05 AM]
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Filing 53
FILED MEMORANDUM DISPOSITION (JAY S. BYBEE, PATRICK J. BUMATAY and RICHARD D. BENNETT) AFFIRMED. FILED AND ENTERED JUDGMENT. [12662127] [22-15190, 22-15191] (MM) [Entered: 02/27/2023 10:49 AM]
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Filing 52
Filed text clerk order (Deputy Clerk: MM): Appellant Gregory Malley's motion to take judicial notice is granted. [12662122] [22-15190, 22-15191] (MM) [Entered: 02/27/2023 10:46 AM]
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Filing 51
Filed (ECF) Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191 citation of supplemental authorities. Date of service: 02/15/2023. [12653897] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 02/15/2023 02:09 PM]
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Filing 50
ARGUED AND SUBMITTED TO JAY S. BYBEE, PATRICK J. BUMATAY and RICHARD D. BENNETT. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12647181] [22-15190, 22-15191] (WWP) [Entered: 02/06/2023 02:55 PM]
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Filing 49
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Mark Vincent Boennighausen, Esquire for Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Attorney Mr. Mark Vincent Boennighausen, Esquire for Appellants San Jose Midtown Development LLC, Sangeeth Peruri, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Four Gates Capital, LLC and Procurator Holdings, LLC in 22-15191. Hearing in San Francisco on 02/06/2023 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/09/2023. [12626522] [22-15190, 22-15191] (Boennighausen, Mark) [Entered: 01/09/2023 08:22 PM]
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Filing 48
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Gautam Dutta for Appellant Gregory Malley in 22-15190, Attorney Mr. Gautam Dutta for Appellee Gregory Malley in 22-15191. Hearing in San Francisco on 02/06/2023 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/09/2023. [12626514] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 01/09/2023 07:15 PM]
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Filing 47
Received 6 paper copies of Cross-Appeal Reply Brief [ # 45 ] filed by appellees/cross-appellants. (sent to panel) [12605175] [22-15190, 22-15191] (SD) [Entered: 12/08/2022 09:51 AM]
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Filing 46
Filed clerk order: The cross-appeal reply brief [ # 45 ] submitted by appellees/cross-appellants 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. [12603745] [22-15190, 22-15191] (KWG) [Entered: 12/06/2022 03:18 PM]
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Filing 45
Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellees San Jose Midtown Development LLC, Sangeeth Peruri, Ashish Patel, Peruri Capital Partners, LLC, Four Gates Capital, LLC, Procurator Holdings, LLC and Thomas Malgesini in 22-15190. Date of service: 12/06/2022. [12603713] [22-15190, 22-15191] (Boennighausen, Mark) [Entered: 12/06/2022 02:52 PM]
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Filing 44
Notice of Oral Argument on Monday, February 6, 2023 - 09:00 A.M. - Courtroom 1 - 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. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. 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 Monday, February 6, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12596099]. [22-15190, 22-15191] (KS) [Entered: 11/27/2022 06:10 AM]
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Filing 43
Streamlined request [42] by Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Appellants Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15191 to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 12/16/2022. [12586579] [22-15190, 22-15191] (JN) [Entered: 11/14/2022 02:55 PM]
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Filing 42
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Appellants Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15191. New requested due date is 12/16/2022. [12586439] [22-15190, 22-15191] (Ortiz, Dinah) [Entered: 11/14/2022 02:16 PM]
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Filing 41
Received 6 paper copies of Third Brief on Cross-Appeal [ # 38 ] filed by Gregory Malley. [12580490] [22-15190, 22-15191] (SD) [Entered: 11/04/2022 01:01 PM]
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Filing 40
Filed clerk order: The third brief on cross-appeal [ # 38 ] submitted by Gregory Malley 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: yellow. The paper copies shall be submitted to the principal office of the Clerk. [12574007] [22-15190, 22-15191] (KWG) [Entered: 10/27/2022 09:06 AM]
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Filing 39
Filed (ECF) Appellant Gregory Malley Motion to take judicial notice of Exhibits 1 through 3. Date of service: 10/26/2022. (Court entered filing, originally filed with brief in [ # 38 ].) [12574000] [22-15190, 22-15191] (KWG) [Entered: 10/27/2022 09:02 AM]
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Filing 38
Submitted (ECF) Third Brief on Cross-Appeal for review. Submitted by Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191. Date of service: 10/26/2022. [12573918] [22-15190, 22-15191]--[COURT UPDATE: Removed PDF of the motion. See entry [ # 39 ]. 10/27/2022 by KWG] (Dutta, Gautam) [Entered: 10/26/2022 11:23 PM]
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Filing 37
Filed (ECF) Attorney Mr. Mark Vincent Boennighausen, Esquire for Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC response to notice for case being considered for oral argument. Date of service: 10/25/2022. [12572355] [22-15190] (Boennighausen, Mark) [Entered: 10/25/2022 11:11 AM]
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Filing 36
Filed (ECF) Attorney Mr. Gautam Dutta for Appellant Gregory Malley in 22-15190, Attorney Mr. Gautam Dutta for Appellee Gregory Malley in 22-15191 response to notice for case being considered for oral argument. Date of service: 10/24/2022. [12572045] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 10/24/2022 09:50 PM]
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Filing 35
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for February 2023 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).[12568222]. [22-15190, 22-15191] (KS) [Entered: 10/19/2022 04:31 PM]
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Filing 34
Filed clerk order (Deputy Clerk: SSR): Plaintiffs unopposed motion (Docket Entry No. [ # 33 ]) for an extension of time to file the third brief on cross-appeal is granted. The third brief on cross-appeal is due October 26, 2022. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. (COURT UPDATE: Updated the content of the order; 10/13/2022 by AF) [12562930] [22-15190, 22-15191] (AF) [Entered: 10/13/2022 03:59 PM]
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Filing 33
Filed (ECF) Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191 Motion to extend time to file Third Brief on Cross-Appeal brief until 10/26/2022. Date of service: 10/04/2022. [12556167] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 10/04/2022 08:38 PM]
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Filing 32
Filed clerk order (Deputy Clerk: OC): Plaintiffs Motion for Continuation of Oral Argument, Docket No. [ # 31 ] in Case No. 22-15190 and Docket No. 30 in Case No. 22-15191, is GRANTED. The oral argument scheduled for December 8, 2022, in San Francisco, California, is vacated, and the case is returned to the Clerks office. [12554121] [22-15190, 22-15191] (OC) [Entered: 10/03/2022 09:09 AM]
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Filing 31
Filed (ECF) Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191 Motion to continue hearing of case. Date of service: 09/28/2022. [12551989] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 09/28/2022 06:31 PM]
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Filing 30
Notice of Oral Argument on Thursday, December 8, 2022 - 09:30 A.M. - Courtroom 1 - 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. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. 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, December 8, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12548612]. [22-15190, 22-15191] (KS) [Entered: 09/25/2022 06:13 AM]
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Filing 29
Filed (ECF) Attorney Mr. Gautam Dutta for Appellant Gregory Malley in 22-15190, Attorney Mr. Gautam Dutta for Appellee Gregory Malley in 22-15191 response to notice for case being considered for oral argument. Date of service: 09/23/2022. [12548116] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 09/23/2022 02:27 PM]
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Filing 28
Streamlined request [27] by Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191 to extend time to file the brief is approved. Amended briefing schedule: Third brief on cross-appeal due 10/11/2022 for Gregory Malley. The optional cross-appeal reply brief is due 21 days from the date of service of the third brief on cross-appeal. [12531208] [22-15190, 22-15191] (JN) [Entered: 08/31/2022 04:54 PM]
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Filing 27
Filed (ECF) Streamlined request for extension of time to file Third Brief on Cross-Appeal by Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191. New requested due date is 10/11/2022. [12530446] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 08/31/2022 10:35 AM]
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Filing 26
Filed (ECF) Attorney Mr. Mark Vincent Boennighausen, Esquire for Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Attorney Mr. Mark Vincent Boennighausen, Esquire for Appellants San Jose Midtown Development LLC, Sangeeth Peruri, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Four Gates Capital, LLC and Procurator Holdings, LLC in 22-15191 response to notice for case being considered for oral argument. Date of service: 08/26/2022. [12527830] [22-15190, 22-15191] (Boennighausen, Mark) [Entered: 08/26/2022 05:12 PM]
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Filing 25
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for December 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).[12523559]. [22-15190, 22-15191] (KS) [Entered: 08/23/2022 09:11 AM]
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Filing 24
Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 2 volumes and index volume filed by Four Gates Capital, LLC, Thomas Malgesini, et al. [12519856] [22-15190, 22-15191] (MAE) [Entered: 08/18/2022 11:57 AM]
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Filing 23
Received 6 paper copies of Second Brief on Cross-Appeal [ # 20 ] filed by Four Gates Capital, LLC, et al. [12519800] [22-15190, 22-15191] (MAE) [Entered: 08/18/2022 11:40 AM]
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Filing 22
Filed clerk order: The second brief on cross-appeal [ # 20 ] submitted by Four Gates Capital, LLC, et al. 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 [ # 21 ] submitted by Four Gates Capital, LLC, Thomas Malgesini, et al. 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. [12516287] [22-15190, 22-15191] (KWG) [Entered: 08/12/2022 03:35 PM]
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Filing 21
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Appellants Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15191. Date of service: 08/10/2022. [12514522] [22-15190, 22-15191]--[COURT UPDATE: Attached corrected PDF of the excerpts. 08/12/2022 by KWG] (Boennighausen, Mark) [Entered: 08/10/2022 05:10 PM]
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Filing 20
Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Appellants Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15191. Date of service: 08/10/2022. [12514496] [22-15190, 22-15191]--[COURT UPDATE: Attached corrected PDF of the brief. 08/12/2022 by KWG] (Boennighausen, Mark) [Entered: 08/10/2022 04:42 PM]
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Filing 19
Streamlined request [18] by Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Appellants Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15191 to extend time to file the brief is approved. Amended briefing schedule: Second brief on cross-appeal due 08/10/2022 for Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC. Third brief on cross-appeal due 09/09/2022 for Gregory Malley. The optional cross-appeal reply brief is due 21 days from the date of service of the third brief on cross-appeal. [12478799] [22-15190, 22-15191] (JN) [Entered: 06/23/2022 04:21 PM]
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Filing 18
Filed (ECF) Streamlined request for extension of time to file Second Brief on Cross-Appeal by Appellees Four Gates Capital, LLC, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Appellants Four Gates Capital, LLC, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15191. New requested due date is 08/10/2022. [12478688] [22-15190, 22-15191] (Ortiz, Dinah) [Entered: 06/23/2022 03:29 PM]
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Filing 17
Received 3 paper copies of excerpts of record [ # 14 ] in 4 volumes and index volume filed by Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191. [12478678] [22-15190, 22-15191] (MAE) [Entered: 06/23/2022 03:24 PM]
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Filing 16
Received 6 paper copies of Opening Brief [ # 13 ] filed by Gregory Malley in 22-15190. [12478614] [22-15190, 22-15191] (MAE) [Entered: 06/23/2022 02:47 PM]
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Filing 15
Filed clerk order: The first brief on cross-appeal [ # 13 ] submitted by Gregory Malley 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 [ # 14 ] submitted by Gregory Malley 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. [12471466] [22-15190, 22-15191] (KWG) [Entered: 06/15/2022 09:21 AM]
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Filing 14
Submitted (ECF) excerpts of record. Submitted by Appellant Gregory Malley in 22-15190. Date of service: 06/10/2022. [12469043] [22-15190, 22-15191]--[COURT UPDATE: Attached corrected PDF of the excerpts, vols 1-4 and index vol. 06/15/2022 by KWG] (Dutta, Gautam) [Entered: 06/10/2022 10:41 PM]
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Filing 13
Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Gregory Malley in 22-15190. Date of service: 06/10/2022. [12469042] [22-15190, 22-15191]--[COURT UPDATE: Attached corrected PDF of the brief. 06/15/2022 by KWG] (Dutta, Gautam) [Entered: 06/10/2022 10:35 PM]
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Filing 12
Filed clerk order (Deputy Clerk: LK): Plaintiffs motion (Docket Entry No. [ # 11 ]) for an extension of time to file the first brief on cross-appeal is granted. The first brief on cross-appeal is due June 10, 2022. The second brief on cross-appeal is due July 11, 2022. The third brief on cross-appeal is due August 10, 2022. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12446530] [22-15190, 22-15191] (RY) [Entered: 05/13/2022 01:37 PM]
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Filing 11
Filed (ECF) Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191 Motion to extend time to file Opening brief until 06/10/2022. Date of service: 05/02/2022. [12436170] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 05/02/2022 02:33 PM]
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Filing 10
Streamlined request [9] by Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191 to extend time to file the brief is approved. Amended briefing schedule: First cross-appeal brief due 05/11/2022 for Gregory Malley. Second brief on cross-appeal due 06/10/2022 for Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC. Third brief on cross-appeal due 07/11/2022 for Gregory Malley. The optional cross-appeal reply brief is due 21 days from the date of service of the third brief on cross-appeal. [12413591] [22-15190, 22-15191] (JN) [Entered: 04/06/2022 07:44 AM]
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Filing 9
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Gregory Malley in 22-15190, Appellee Gregory Malley in 22-15191. New requested due date is 05/11/2022. [12413521] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 04/05/2022 06:37 PM]
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Filing 8
MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. [12382053] [22-15190, 22-15191] (CL) [Entered: 02/28/2022 02:20 PM]
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Filing 7
MEDIATION ORDER FILED: By 03/01/2022, 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. [12373694] [22-15190, 22-15191] (CL) [Entered: 02/17/2022 02:50 PM]
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Filing 6
The Mediation Questionnaire for this case was filed on 02/15/2022. 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.[12371502]. [22-15190] (AD) [Entered: 02/16/2022 06:44 AM]
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Filing 5
The Mediation Questionnaire for this case was filed on 02/15/2022. 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.[12371500]. [22-15190] (AD) [Entered: 02/16/2022 06:44 AM]
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Filing 4
Filed (ECF) Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15190, Appellants Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Peruri Capital Partners, LLC, Sangeeth Peruri, Procurator Holdings, LLC and San Jose Midtown Development LLC in 22-15191 Mediation Questionnaire. Date of service: 02/15/2022. [12371469] [22-15190, 22-15191] (Ortiz, Dinah) [Entered: 02/15/2022 10:24 PM]
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Filing 3
Filed (ECF) Appellant Gregory Malley in 22-15190 Mediation Questionnaire. Date of service: 02/15/2022. [12371464] [22-15190, 22-15191] (Dutta, Gautam) [Entered: 02/15/2022 09:19 PM]
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Filing 2
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellants Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC Mediation Questionnaire due on 02/15/2022. First cross appeal brief due 04/11/2022 for Gregory Malley. Second brief on cross appeal due 05/11/2022 for Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC. Third brief on cross appeal due 06/13/2022 for Gregory Malley . Optional cross appeal Reply brief for Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC is due within 21 days of service of Third brief on cross appeal. [12363903] [22-15191, 22-15190] (RT) [Entered: 02/08/2022 11:30 AM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Gregory Malley Mediation Questionnaire due on 02/15/2022. Appellant Gregory Malley opening brief due 04/11/2022. Appellees Four Gates Capital, LLC, Thomas Malgesini, Ashish Patel, Sangeeth Peruri, Peruri Capital Partners, LLC, Procurator Holdings, LLC and San Jose Midtown Development LLC answering brief due 05/11/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12363867] (RT) [Entered: 02/08/2022 11:17 AM]
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