The Cookie Department, Inc. v. The Hershey Company, et al
| THE COOKIE DEPARTMENT, INC. |
| THE HERSHEY COMPANY and ONE BRANDS, LLC |
| 22-16393 |
| September 15, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
Docket Report
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| Filing 6 Filed order (Deputy Clerk: RSK): Appellants motion to dismiss this appeal (Docket Entry No. [ # 5 ]) is granted. Fed. R. App. P. 42(b). A copy of this order shall serve as and for the mandate of this court. [12570430] (AF) [Entered: 10/21/2022 02:26 PM] |
| Filing 5 Filed (ECF) Appellant The Cookie Department, Inc. Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 10/19/2022. [12568275] [22-16393] (Indrajana, Michael) [Entered: 10/19/2022 04:52 PM] |
| Filing 4 MEDIATION ORDER FILED: By 11/01/2022, 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. SEE ORDER FOR DETAILS. [12565888] (VS) [Entered: 10/18/2022 08:58 AM] |
| Filing 3 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); Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (A district court order is . . . not appealable [under 1291] unless it disposes of all claims as to all parties or unless judgment is entered in compliance with Federal Rule of Civil Procedure 54(b). (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981))). 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12552565] (RT) [Entered: 09/29/2022 01:31 PM] |
| Filing 2 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. [12551677] (BLS) [Entered: 09/28/2022 02:18 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant The Cookie Department, Inc. Mediation Questionnaire due on 09/22/2022. Transcript ordered by 10/14/2022. Transcript due 11/14/2022. Appellant The Cookie Department, Inc. opening brief due 12/23/2022. Appellees One Brands, LLC and The Hershey Company answering brief due 01/23/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12541040] (JBS) [Entered: 09/15/2022 11:16 AM] |
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