Jennifer Sendzul v. Jay Hoag, et al
| JENNIFER L.M. SENDZUL |
| JAY C. HOAG, an individual, KNIGHTS CAPITAL 111 LLC, a California Limited Liability Company, MICHAELA HOAG, an individual, LAURIE K. LACOB, an individual, BRADFORD S. HENNIG, an individual, NINA HENDERSON MOORE, an individual, NETFLIX INC., a Delaware corporation, NETFLIX STREAMING SERVICES INC., a Delaware Corporation, VERTICAL ENTERTAINMENT LLC, a California Limited Liability Company, AMAZON.COM, INC., a Delaware corporation, AMAZON DIGITAL SERVICES LLC, a Delaware Limited Liability Company, KATHY GRIFFIN, an individual, DARYL HANNAH, an individual, BROOKE C. SHIELDS, an individual and VIRGINIA MADSEN, an individual |
| 22-55508 |
| May 23, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Copyright |
Opinions
We have the following opinions for this case:
| Description |
|---|
| JENNIFER SENDZUL V. JAY HOAG, ET AL |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 Received 3 paper copies of supplemental excerpts of record [ # 29 ] in 4 volume(s) and index volume filed by Amazon.com, Inc., et al.. [12750088] (NAR) [Entered: 07/06/2023 03:46 PM] |
| Filing 40 Received 6 paper copies of Answering Brief [ # 28 ] filed by Amazon.com, Inc., et al.. [12750086] (NAR) [Entered: 07/06/2023 03:45 PM] |
| Filing 39 Filed clerk order (Deputy Clerk: MCD): Appellants motion (Docket Entry No. [ # 38 ]) to waive the paper copies requirement for the reply brief is granted. Briefing is complete. [12722959] (AF) [Entered: 05/25/2023 04:00 PM] |
| Filing 38 Filed (ECF) Appellant Mrs. Jennifer L.M. Sendzul response to Court order dated 05/22/2023. Date of service: 05/24/2023. [12721702] [22-55508]--[COURT UPDATE: Edited docket text to reflect content of filing 05/24/2023 by NAC] (Sendzul, Jennifer) [Entered: 05/24/2023 10:12 AM] |
| Filing 37 Filed clerk order (Deputy Clerk: MCD):The Supplementary Excerpts for Appellant/Plaintiffs Reply Brief submitted as supplemental excerpts of record at Docket Entry No. [35] by appellant Jennifer L.M. Sendzul consist of documents that do not appear to be part of the record on appeal and are therefore stricken. See Ninth Circuit Rules 10-2 and 30-1. [12720539] (LA) [Entered: 05/22/2023 03:51 PM] |
| Filing 36 Filed clerk order: The reply brief [ # 34 ] submitted by Mrs. Jennifer L.M. Sendzul is filed. Within 7 days of the filing of this order, appellant is ordered to file 6 copies of the reply 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: not applicable. A review of Court records reflects that appellee Amazon.com, Inc., et al. has not filed paper copies of the answering brief [ # 28 ] and supplemental excerpts of record [ # 29 ] as directed by the Courts order filed on May 5, 2023 [ # 31 ]. Appellee Amazon.com, Inc., et al. is ordered to file 6 copies of the answering brief in paper format with red covers, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically, and 3 paper copies of the excerpts of record with white covers, for delivery to the Court within 7 days of this order. The paper copies shall be submitted to the principal office of the Clerk. [12720531] (LA) [Entered: 05/22/2023 03:46 PM] |
| Filing 35 STRICKEN PER ORDER [ # 37 ]. Submitted (ECF) supplemental excerpts of record. Submitted by Appellant Mrs. Jennifer L.M. Sendzul. Date of service: 05/22/2023. [12720435] [22-55508] (Sendzul, Jennifer) [Entered: 05/22/2023 02:59 PM] |
| Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellant Mrs. Jennifer L.M. Sendzul. Date of service: 05/22/2023. [12720421] [22-55508] (Sendzul, Jennifer) [Entered: 05/22/2023 02:52 PM] |
| Filing 33 Received 3 paper copies of supplemental excerpts of record [ # 27 ] in 1 volume(s) filed by Kathy Griffin. [12712075] (NAR) [Entered: 05/09/2023 12:36 PM] |
| Filing 32 Received 6 paper copies of Answering Brief [ # 26 ] filed by Kathy Griffin. [12712063] (NAR) [Entered: 05/09/2023 12:26 PM] |
| Filing 31 Filed clerk order: The answering brief [ # 28 ] submitted by Amazon.com, Inc., 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 [ # 29 ] submitted by Amazon.com, Inc., 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. [12710110] (LA) [Entered: 05/05/2023 03:39 PM] |
| Filing 30 Filed clerk order: The answering brief [ # 26 ] submitted by Kathy Griffin 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 [ # 27 ] submitted by Kathy Griffin 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. [12708905] (LA) [Entered: 05/04/2023 12:01 PM] |
| Filing 29 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Amazon Digital Services LLC, AMZN, Nina Henderson Moore, Netflix Inc., Netflix Streaming Services Inc., Jay C. Hoag, Michaela Hoag and Laurie K. Lacob. Date of service: 05/03/2023. [12708565] [22-55508]--[COURT UPDATE: Attached corrected excerpts. 05/05/2023 by LA] (Freeman, Cydney) [Entered: 05/03/2023 06:37 PM] |
| Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellees Amazon Digital Services LLC, AMZN, Nina Henderson Moore, Netflix Inc., Netflix Streaming Services Inc., Jay C. Hoag, Michaela Hoag and Laurie K. Lacob. Date of service: 05/03/2023. [12708563] [22-55508]--[COURT UPDATE: Attached corrected PDF. 05/05/2023 by LA] (Freeman, Cydney) [Entered: 05/03/2023 06:27 PM] |
| Filing 27 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Kathy Griffin. Date of service: 05/03/2023. [12708494] [22-55508] (Miller, Jeffry) [Entered: 05/03/2023 04:28 PM] |
| Filing 26 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kathy Griffin. Date of service: 05/03/2023. [12708492] [22-55508] (Miller, Jeffry) [Entered: 05/03/2023 04:27 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: MD): Appellee Kathy Griffins motion (Docket Entry No. [ # 22 ]) for an extension of time to file the answering brief is granted. The extension applies to all appellees. The answering briefs are due May 3, 2023. The optional reply brief is due within 21 days after service of the last-served answering brief. The streamlined request (Docket Entry No. 24) of appellees Amazon Digital Services LLC, et al., for an extension of time to file the answering brief is not approved because it is unnecessary. In light of the multiple extensions previously granted for the answering brief, any further requests for an extension of time by any appellee must be made by written motion. [12689875] (OC) [Entered: 04/05/2023 03:06 PM] |
| Filing 24 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Amazon Digital Services LLC, AMZN, Jay C. Hoag, Michaela Hoag, Laurie K. Lacob, Nina Henderson Moore, Netflix Inc. and Netflix Streaming Services Inc.. New requested due date is 05/02/2023. [12686689] [22-55508] (Freeman, Cydney) [Entered: 03/31/2023 02:07 PM] |
| Filing 23 Filed (ECF) Appellant Mrs. Jennifer L.M. Sendzul Response supporting motion ([ # 22 ] Motion (ECF Filing), [ # 22 ] Motion (ECF Filing) motion to extend time to file brief). Date of service: 03/28/2023. [12683217] [22-55508] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 04/05/2023 by TYL] (Sendzul, Jennifer) [Entered: 03/28/2023 08:56 AM] |
| Filing 22 Filed (ECF) Appellee Kathy Griffin Motion to extend time to file Answering brief until 05/03/2023. Date of service: 03/27/2023. [12683009] [22-55508] (Miller, Jeffry) [Entered: 03/27/2023 05:06 PM] |
| Filing 21 Streamlined request [20] by Appellee Kathy Griffin to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Amazon Digital Services LLC, Daryl Hannah, Bradford S. Hennig, Knights Capital 111 LLC, Virginia Madsen, Vertical Entertainment LLC, Amazon.com, Inc., Kathy Griffin, Jay C. Hoag, Michaela Hoag, Laurie K. Lacob, Nina Henderson Moore, Netflix Inc., Netflix Streaming Services Inc. and Brooke C. Shields answering brief due 04/03/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12651245] (DLM) [Entered: 02/10/2023 04:57 PM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Kathy Griffin. New requested due date is 04/03/2023. [12651237] [22-55508] (Miller, Jeffry) [Entered: 02/10/2023 04:53 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: LBS): Appellants motion (included in Docket Entry No. [ # 18 ]) to waive the paper copies requirement for the opening brief is granted. The answering briefs remain due March 3, 2023. The optional reply brief is due within 21 days after service of the last-served answering brief. [12640466] (AF) [Entered: 01/27/2023 10:30 AM] |
| Filing 18 Filed (ECF) Appellant Mrs. Jennifer L.M. Sendzul response to Court order dated 01/23/2023. Date of service: 01/25/2023. [12637949] [22-55508] (Sendzul, Jennifer) [Entered: 01/25/2023 09:20 AM] |
| Filing 17 Filed clerk order: The opening brief [ # 11 ] submitted by Mrs. Jennifer L.M. Sendzul 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: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [12635523] (LA) [Entered: 01/23/2023 08:56 AM] |
| Filing 16 Filed order (SUSAN P. GRABER, RICHARD A. PAEZ and JACQUELINE H. NGUYEN): The opening brief received on August 25, 2022, and the responses to the July 25, 2022 order to show cause demonstrate that this appeal involves non-frivolous issues. We construe this appeal to encompass both orders issued by the district court on May 9, 2022. The order to show cause is discharged, and appellants motion to proceed in forma pauperis (Docket Entry No. [ # 13 ]) is granted. See 28 U.S.C. 1915(a). The Clerk shall amend the docket to reflect appellants in forma pauperis status. The Clerk will file the opening brief received on August 25, 2022 (Docket Entry No. [ # 11 ]). The answering briefs are due March 3, 2023; and the optional reply brief is due within 21 days after service of the last-served answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellee[s] must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. Id. [12635315] (AF) [Entered: 01/20/2023 04:45 PM] |
| Filing 15 Filed (ECF) Appellant Mrs. Jennifer L.M. Sendzul reply to response to Court order dated 10/19/2022. Date of service: 10/14/2022. [12563447] [22-55508] (Sendzul, Jennifer) [Entered: 10/14/2022 10:59 AM] |
| Filing 14 Filed (ECF) Appellee Kathy Griffin reply to response (). Date of service: 10/10/2022. [12559147] [22-55508] (Miller, Jeffry) [Entered: 10/10/2022 03:29 PM] |
| Filing 13 Filed (ECF) Appellant Mrs. Jennifer L.M. Sendzul response to Court order dated 09/12/2022. Date of service: 09/29/2022. [12552147] [22-55508] (Sendzul, Jennifer) [Entered: 09/29/2022 09:42 AM] |
| Filing 12 Filed order (Appellate Commissioner): Appellants motion to vacate this courts July 25, 2022 order is denied [ # 10 ]. See Fed. R. App. P. 24(a)(3)(A), (4)(B). Within 21 days of this order, appellant must comply with the July 25, 2022 order by: (1) filing in this court a motion to proceed in forma pauperis, OR (2) paying to the district court $505.00 for the filing and docketing fees for this appeal AND filing in this court proof that the $505.00 was paid. If appellant does not submit a separate statement that the appeal should go forward, the court will treat appellants opening brief as a statement that the appeal should go forward. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. The Clerk will send a copy of the July 25, 2022 order and attachments to appellant along with this order. (Pro Se) [12538170] (CKP) [Entered: 09/12/2022 01:05 PM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Mrs. Jennifer L.M. Sendzul. Date of service: 08/25/2022. [12526244] [22-55508] (Sendzul, Jennifer) [Entered: 08/25/2022 11:43 AM] |
| Filing 10 Filed (ECF) Appellant Mrs. Jennifer L.M. Sendzul Motion for miscellaneous relief [motion to set aside revocation of IFP]. Date of service: 07/28/2022. [12504102] [22-55508] --[COURT UPDATE: Updated docket text to reflect content of filing. 07/28/2022 by TYL] (Sendzul, Jennifer) [Entered: 07/28/2022 10:57 AM] |
| Filing 9 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is frivolous and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [12501300] (CKP) [Entered: 07/25/2022 12:35 PM] |
| Filing 8 Received copy of District Court order filed on 07/22/2022. Certification re Frivolous Appeal. [12500465] (QDL) [Entered: 07/22/2022 04:06 PM] |
| Filing 7 Added Attorney(s) Jeffry A. Miller for party(s) Appellee Kathy Griffin, in case 22-55508. [12497240] (DJV) [Entered: 07/19/2022 11:44 AM] |
| Filing 6 Filed (ECF) notice of appearance of Jeffry A. Miller (Lewis Brisbois Bisgaard & Smith, LLP 550 West C Street, Suite 1700, San Diego, CA 92101) for Appellee Kathy Griffin. Date of service: 07/19/2022. (Party was previously proceeding with counsel.) [12497225] [22-55508] (Miller, Jeffry) [Entered: 07/19/2022 11:36 AM] |
| Filing 5 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12495969] (CKP) [Entered: 07/18/2022 11:33 AM] |
| Filing 4 Filed (ECF) Appellant Mrs. Jennifer L.M. Sendzul Correspondence: Transcripts for Case No: 22-55508. Date of service: 06/23/2022 [12477909] [22-55508] (Sendzul, Jennifer) [Entered: 06/23/2022 05:48 AM] |
| Filing 3 Filed order MEDIATION (SJS): This case is RELEASED from the Mediation Program. [12468300] (AF) [Entered: 06/10/2022 10:38 AM] |
| Filing 2 Filed order MEDIATION (SJS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. As part of a pilot project, the Mediation Program is exploring settlement potential in some cases in which one party is proceeding pro se (representing themselves without the assistance of an attorney). This case is being included in that pilot project. By June 14, 2022,the parties are requested to inform the Circuit Mediator in writing whether the issues on appeal or in the underlying dispute might be appropriate for settlement discussions. The written response to this order and all future written or spoken communication with the mediator are strictly confidential mediation communications protected by Ninth Circuit Rule 33-1 and cannot be disclosed outside the mediation process. The written response to this order should not be filed with the court; instead, the response should be sent directly to the Circuit Mediator by email ([email protected]) or mail (Steven J. Saltiel, Circuit Mediation Office, U.S. Court of Appeals for the Ninth Circuit, James R. Browning United States Courthouse, P.O. Box 193939, San Francisco, CA 94119-3939). More detailed information about the Mediation Program and its procedures are included in the attachment to this order and on the Mediation Program web site (www.ca9.uscourts.gov/mediation). The existing briefing schedule remains in effect. [12459624] (ABT) [Entered: 05/31/2022 11:40 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 06/24/2022. Transcript due 07/25/2022. Appellant Jennifer L.M. Sendzul opening brief due 08/26/2022. Appellees Amazon Digital Services LLC, Amazon.com, Inc., Kathy Griffin, Daryl Hannah, Bradford S. Hennig, Jay C. Hoag, Michaela Hoag, Knights Capital 111 LLC, Laurie K. Lacob, Virginia Madsen, Nina Henderson Moore, Netflix Inc., Netflix Streaming Services Inc., Brooke C. Shields and Vertical Entertainment LLC answering brief due 09/26/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12454991] (RT) [Entered: 05/24/2022 12:59 PM] |
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