Alternate Health USA, Inc., et al v. Paul Edalat, et al
| ALTERNATE HEALTH USA, INC., ALTERNATE HEALTH CORP. and ALTERNATE HEALTH, INC. |
| PAUL PEJMAN EDALAT, FARAH BARGHI, OLIVIA KARPINSKI, EFT GLOBAL HOLDINGS, INC., DBA Sentar Pharmaceuticals and APS HEALTH SCIENCES, INC. |
| HOWARD MANN, MICHAEL L. MURPHY and COMPUTERSHARE INVESTOR SERVICES, INC. |
| 22-55353 |
| April 7, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Fraud |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ALTERNATE HEALTH USA, INC., ET AL V. PAUL EDALAT, ET AL |
Docket Report
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This docket was last retrieved on September 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 Notice of Oral Argument on Wednesday, December 6, 2023 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena 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 Wednesday, December 6, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12797714]. [22-55353] (KS) [Entered: 09/24/2023 06:19 AM] |
| Filing 54 Filed (ECF) Attorney David S. Alverson for Appellee Computershare Investor Services, Inc. response to notice for case being considered for oral argument. Date of service: 08/21/2023. [12778267] [22-55353] (Alverson, David) [Entered: 08/21/2023 05:04 PM] |
| Filing 53 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for December 2023 and the subsequent month in that location at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and 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. 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). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12775180]. [22-55353] (KS) [Entered: 08/16/2023 11:41 AM] |
| Filing 52 Received 6 paper copies of Reply Brief [ # 50 ] filed by Appellants. [12770414] (SD) [Entered: 08/08/2023 12:26 PM] |
| Filing 51 Filed clerk order: The reply brief [ # 50 ] submitted by 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. [12761441] (SML) [Entered: 07/25/2023 10:14 AM] |
| Filing 50 Submitted (ECF) Reply Brief for review. Submitted by Appellants Paul Pejman Edalat, Farah Barghi, Olivia Karpinski and EFT Global Holdings, Inc.. Date of service: 07/20/2023. [12759210] [22-55353]--[COURT UPDATE: Attached corrected brief. 07/25/2023 by SML] (Kashani, Saied) [Entered: 07/20/2023 11:53 PM] |
| Filing 49 Filed clerk order (Deputy Clerk: MCD): Appellants motion (Docket Entry No. [ # 47 ]) for an extension of time to file the reply brief is denied. The optional reply brief is due within 7 days after the date of this order. [12754476] (OC) [Entered: 07/13/2023 10:33 AM] |
| Filing 48 This case is being considered for an upcoming oral argument calendar in Pasadena Please consult with opposing counsel and review the Pasadena sitting dates for November 2023 and the subsequent month in that location at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable 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. 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). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12752888]. [22-55353] (KS) [Entered: 07/11/2023 12:51 PM] |
| Filing 47 Filed (ECF) Appellants Farah Barghi, Paul Pejman Edalat, EFT Global Holdings, Inc. and Olivia Karpinski Motion to extend time to file Reply brief until 08/04/2023. Date of service: 06/30/2023. [12747176] [22-55353] (Kashani, Saied) [Entered: 06/30/2023 04:28 PM] |
| Filing 46 Filed (ECF) Attorney David S. Alverson for Appellee Computershare Investor Services, Inc. response to notice for case being considered for oral argument. Date of service: 06/22/2023. [12741537] [22-55353] (Alverson, David) [Entered: 06/22/2023 04:13 PM] |
| Filing 45 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 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).[12737842]. [22-55353] (KS) [Entered: 06/16/2023 12:21 PM] |
| Filing 44 Filed clerk order (Deputy Clerk: MCD): Appellants motion (Docket Entry No. [ # 43 ]) for an extension of time to file the reply brief is granted. If the optional reply brief is not filed by July 10, 2023, the case will proceed with the briefs already on file. [12723799] (OC) [Entered: 05/26/2023 04:28 PM] |
| Filing 43 Filed (ECF) Appellants Paul Pejman Edalat, Farah Barghi, EFT Global Holdings, Inc. and Olivia Karpinski Motion to extend time to file Reply brief until 07/10/2023. Date of service: 05/24/2023. [12722347] [22-55353] (Kashani, Saied) [Entered: 05/24/2023 05:58 PM] |
| Filing 42 Received 6 paper copies of Answering Brief [ # 38 ] filed by Computershare Investor Services, Inc.. [12717621] (SD) [Entered: 05/17/2023 12:32 PM] |
| Filing 41 Received 3 paper copies of supplemental excerpts of record [ # 39 ] in 2 volume(s) and index volume filed by Appellee Computershare Investor Services, Inc.. [12717620] (SD) [Entered: 05/17/2023 12:31 PM] |
| Filing 40 Filed clerk order: The answering brief [ # 38 ] submitted by Computershare Investor Services, Inc. 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 [ # 39 ] submitted by Computershare Investor Services, Inc. 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. [12714294] (SML) [Entered: 05/11/2023 03:45 PM] |
| Filing 39 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Computershare Investor Services, Inc.. Date of service: 05/10/2023. [12713221] [22-55353] (Alverson, David) [Entered: 05/10/2023 02:37 PM] |
| Filing 38 Submitted (ECF) Answering Brief for review. Submitted by Appellee Computershare Investor Services, Inc.. Date of service: 05/10/2023. [12713213] [22-55353] (Alverson, David) [Entered: 05/10/2023 02:34 PM] |
| Filing 37 Filed clerk order (Deputy Clerk: th): Granting Motion [ # 36 ] (ECF Filing) filed by Appellee Computershare Investor Services, Inc., to extend time to file the answering brief. The extension of time applies to all appellees. The answering briefs are due 05/10/2023. The optional reply brief is due 21 days after service of the last-served answering brief. [12661569] (TH) [Entered: 02/24/2023 04:58 PM] |
| Filing 36 Filed (ECF) Appellee Computershare Investor Services, Inc. Motion to extend time to file Answering brief until 05/10/2023. Date of service: 02/24/2023. [12661433] [22-55353] (Alverson, David) [Entered: 02/24/2023 04:02 PM] |
| Filing 35 Received 6 paper copies of Opening Brief [ # 24 ] filed by Appellants. [12657070] (SD) [Entered: 02/21/2023 11:32 AM] |
| Filing 34 Received 3 paper copies of excerpts of record [ # 23 ] in 5 volume(s) and index volume filed by Appellants. [12657067] (SD) [Entered: 02/21/2023 11:31 AM] |
| Filing 33 Streamlined request [32] by Appellee Computershare Investor Services, Inc. to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Alternate Health Corp., Alternate Health USA, Inc., Alternate Health, Inc., Computershare Investor Services, Inc., Howard Mann and Michael L. Murphy answering brief due 04/19/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12655180] (DR) [Entered: 02/16/2023 03:38 PM] |
| Filing 32 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Computershare Investor Services, Inc.. New requested due date is 04/19/2023. [12654861] [22-55353] (Alverson, David) [Entered: 02/16/2023 01:27 PM] |
| Filing 31 Filed clerk order: The opening brief [ # 24 ] submitted by 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: blue. The excerpts of record [ # 23 ] submitted by appellants 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. [12651158] (SML) [Entered: 02/10/2023 03:54 PM] |
| Filing 30 Filed clerk order (Deputy Clerk: SSR): Appellants motion (Docket Entry No. [ # 25 ]) for leave to file the opening brief late is granted. The Clerk will file the opening brief submitted at Docket Entry No. [ # 24 ]. The answering brief is now due March 20, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12651131] (OC) [Entered: 02/10/2023 03:40 PM] |
| Filing 29 Filed clerk order (Deputy Clerk: SML): The order filed [ # 28 ] on 2/09/23 was issued in error and is vacated. [12649940] (SML) [Entered: 02/09/2023 01:23 PM] |
| Filing 28 Filed clerk order: The opening brief [ # 24 ] submitted by 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: blue. The excerpts of record [ # 23 ] submitted by appellants 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. [12649934] (SML) [Entered: 02/09/2023 01:18 PM] |
| Filing 27 Streamlined request [26] by Appellee Computershare Investor Services, Inc. to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed until resolution of the pending motion to extend time to file opening brief, DE [25] . [12648993] (DR) [Entered: 02/08/2023 12:16 PM] |
| Filing 26 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Computershare Investor Services, Inc.. New requested due date is 03/20/2023. [12645125] [22-55353] (Alverson, David) [Entered: 02/02/2023 02:51 PM] |
| Filing 25 Filed (ECF) Appellants Farah Barghi, Paul Pejman Edalat, EFT Global Holdings, Inc. and Olivia Karpinski Motion to extend time to file Opening brief until 01/18/2023. Date of service: 01/18/2023. [12633424] [22-55353] (Kashani, Saied) [Entered: 01/18/2023 11:37 PM] |
| Filing 24 Submitted (ECF) Opening Brief for review. Submitted by Appellants Farah Barghi, Paul Pejman Edalat, EFT Global Holdings, Inc. and Olivia Karpinski. Date of service: 01/18/2023. [12633422] [22-55353]--[COURT UPDATE: Attached corrected brief. 02/09/2023 by SML] (Kashani, Saied) [Entered: 01/18/2023 11:11 PM] |
| Filing 23 Submitted (ECF) excerpts of record. Submitted by Appellants Farah Barghi, Olivia Karpinski, Paul Pejman Edalat and EFT Global Holdings, Inc.. Date of service: 01/17/2023. [12632232] [22-55353]--[COURT UPDATE: Attached index volume. 02/09/2023 by SML] (Kashani, Saied) [Entered: 01/17/2023 08:17 PM] |
| Filing 22 Filed clerk order (Deputy Clerk: MKS): Appellants motion (Docket Entry No. [ # 21 ]) for an extension of time to file the opening brief is granted. The opening brief is due January 17, 2023. The answering brief is due February 16, 2023. The optional reply brief is due within 21 days after service of the answering brief. To facilitate timely submission of cases for decision, no further motions for extensions of time to file the opening brief will be granted absent extraordinary and compelling circumstances. Failure to file the opening brief by January 17, 2023 may result in dismissal of this case for failure to prosecute. See 9th Cir. R. 42-1. [12629697] (OC) [Entered: 01/12/2023 03:30 PM] |
| Filing 21 Filed (ECF) Appellants Farah Barghi, Paul Pejman Edalat, EFT Global Holdings, Inc. and Olivia Karpinski Motion to extend time to file Opening brief until 01/17/2023. Date of service: 01/11/2023. [12627908] [22-55353] (Kashani, Saied) [Entered: 01/11/2023 09:09 AM] |
| Filing 20 Filed order (Appellate Commissioner): Appellants motion (Docket Entry No. [ # 17 ]) for an extension of time to file the opening brief is granted. The opening brief is now due January 13, 2023. The answering brief is due February 14, 2023. The optional reply brief is due within 21 days after service of the answering brief. Appellee Computershare Investor Services, Inc.s motion (Docket Entry No. [ # 14 ]) to dismiss for failure to prosecute is denied [12611631] (ABT) [Entered: 12/15/2022 01:15 PM] |
| Filing 19 Filed (ECF) Appellee Computershare Investor Services, Inc. response to motion ([ # 17 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing), [ # 18 ] Response to Motion (ECF Filing)). Date of service: 12/09/2022. [12607240] [22-55353] (Alverson, David) [Entered: 12/09/2022 03:19 PM] |
| Filing 18 Filed (ECF) Appellee Computershare Investor Services, Inc. response to motion ([ # 17 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing) motion to extend time to file brief). Date of service: 10/06/2022. [12557440] [22-55353] (Alverson, David) [Entered: 10/06/2022 12:56 PM] |
| Filing 17 Filed (ECF) Appellants Farah Barghi, Paul Pejman Edalat and EFT Global Holdings, Inc. Motion to extend time to file Opening brief until 11/15/2022. Date of service: 09/29/2022. [12552164] [22-55353] (Kashani, Saied) [Entered: 09/29/2022 09:53 AM] |
| Filing 16 Filed (ECF) Appellee Computershare Investor Services, Inc. reply to response (). Date of service: 09/28/2022. [12551665] [22-55353] (Alverson, David) [Entered: 09/28/2022 02:11 PM] |
| Filing 15 Filed (ECF) Appellants Farah Barghi, Paul Pejman Edalat, EFT Global Holdings, Inc. and Olivia Karpinski response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing) motion to dismiss case for failure to prosecute under Circuit Rule 42-1). Date of service: 09/21/2022. [12545372] [22-55353] (Kashani, Saied) [Entered: 09/21/2022 09:19 AM] |
| Filing 14 Filed (ECF) Appellee Computershare Investor Services, Inc. Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Date of service: 09/15/2022. [12541467] [22-55353] (Alverson, David) [Entered: 09/15/2022 02:58 PM] |
| Filing 13 Streamlined request [12] by Appellants Farah Barghi, EFT Global Holdings, Inc., Paul Pejman Edalat and Olivia Karpinski to extend time to file the brief is approved. Amended briefing schedule: Appellants Farah Barghi, EFT Global Holdings, Inc., Paul Pejman Edalat and Olivia Karpinski opening brief due 08/15/2022. Appellees Alternate Health Corp., Alternate Health USA, Inc., Alternate Health, Inc., Computershare Investor Services, Inc., Howard Mann and Michael L. Murphy answering brief due 09/14/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12493505] (JN) [Entered: 07/14/2022 08:13 AM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Farah Barghi, Paul Pejman Edalat, EFT Global Holdings, Inc. and Olivia Karpinski. New requested due date is 08/15/2022. [12493458] [22-55353] (Kashani, Saied) [Entered: 07/13/2022 11:06 PM] |
| Filing 11 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12451647] (CL) [Entered: 05/19/2022 02:00 PM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 05/10/2022. 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.[12443545]. [22-55353] (AD) [Entered: 05/10/2022 06:44 PM] |
| Filing 9 Filed (ECF) Appellee Computershare Investor Services, Inc. Mediation Questionnaire. Date of service: 05/10/2022. [12442889] [22-55353] (Alverson, David) [Entered: 05/10/2022 12:46 PM] |
| Filing 8 MEDIATION ORDER FILED: By 05/18/2022, 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. [12441495] (CL) [Entered: 05/09/2022 11:27 AM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 05/03/2022. 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.[12437527]. [22-55353] (AD) [Entered: 05/04/2022 06:44 AM] |
| Filing 6 Filed (ECF) Appellants Farah Barghi, Paul Pejman Edalat, EFT Global Holdings, Inc. and Olivia Karpinski Mediation Questionnaire. Date of service: 05/03/2022. [12437519] [22-55353] (Kashani, Saied) [Entered: 05/03/2022 10:27 PM] |
| Filing 5 Added Attorney(s) Michael Emmanuel Pappas for party(s) Appellee Computershare Investor Services, Inc. [12434804] (RL) [Entered: 04/29/2022 01:44 PM] |
| Filing 4 Filed (ECF) notice of appearance of Michael E. Pappas (Lesnick Prince & Pappas LLP, 315 W. Ninth St., Suite 705, Los Angeles, CA 90015) for Appellee Computershare Investor Services, Inc.. Date of service: 04/29/2022. (Party was previously proceeding with counsel.) [12434798] [22-55353] (Pappas, Michael) [Entered: 04/29/2022 01:40 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. [12430370] (LW) [Entered: 04/25/2022 03:11 PM] |
| Filing 2 Mail returned on 04/18/2022 addressed to David S. Alverson for Computershare Investor Services, Inc., re: [ # 1 ] Case Opening Document. Returned envelope notes: return to sender, insufficient address, unable to forward. Resending to: case files; counsel has registered for CM/ECF. [12425829] (LA) [Entered: 04/19/2022 03:30 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Farah Barghi, EFT Global Holdings, Inc., Paul Pejman Edalat and Olivia Karpinski Mediation Questionnaire due on 04/14/2022. Transcript ordered by 05/05/2022. Transcript due 06/06/2022. Appellants Farah Barghi, EFT Global Holdings, Inc., Paul Pejman Edalat and Olivia Karpinski opening brief due 07/14/2022. Appellees Alternate Health Corp., Alternate Health USA, Inc., Alternate Health, Inc., Computershare Investor Services, Inc., Howard Mann and Michael L. Murphy answering brief due 08/15/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12414802] (JBS) [Entered: 04/07/2022 11:04 AM] |
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