Spencer Elden v. Nirvana L.L.C., et al
| SPENCER ELDEN |
| NIRVANA L.L.C., UNIVERSAL MUSIC GROUP, INC., THE DAVID GEFFEN COMPANY, GEFFEN RECORDS, MCA RECORDS, INC., UMG RECORDINGS, INC., KIRK WEDDLE, COURTNEY LOVE, As Executor of the Estate of Kurt Cobain, KRIST NOVOSELIC and DAVID GROHL |
| CHILD USA and CANADIAN CENTRE FOR CHILD PROTECTION, INC. |
| 22-55822 |
| September 6, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Injury |
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| Filing 47 ARGUED AND SUBMITTED TO SANDRA S. IKUTA, BRIDGET S. BADE and DANIEL A. BRESS. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12811519] (SB) [Entered: 10/18/2023 11:07 AM] |
| Filing 46 Notice of Oral Argument on Wednesday, October 18, 2023 - 09:00 A.M. - Phx Courtroom #604 - Scheduled Location: Phoenix AZ. 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, October 18, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12810685]. [22-55822] (KS) [Entered: 10/17/2023 09:16 AM] |
| Filing 45 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Robert Y. Lewis for Appellant Spencer Elden. Hearing in Other (Phoenix AZ) on 10/18/2023 at 9:00 A.M. (Courtroom: Ceremonial Ctrm Phoenix). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/18/2023. [12793651] [22-55822] (Lewis, Robert) [Entered: 09/18/2023 07:36 AM] |
| Filing 44 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Bert Deixler, Esquire for Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle. Hearing in Other (Phoenix AZ) on 10/18/2023 at 9:00 a.m. (Courtroom: Ceremonial Courting- Phoenix). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/14/2023. [12792453] [22-55822] (Deixler, Bert) [Entered: 09/14/2023 01:48 PM] |
| Filing 43 Notice of Oral Argument on Wednesday, October 18, 2023 - 09:00 A.M. - Ceremonial Ctrm Phoenix - Scheduled Location: Phoenix AZ. 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, October 18, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12768803]. [22-55822] (KS) [Entered: 08/06/2023 06:19 AM] |
| Filing 42 This case is being considered for an upcoming oral argument calendar in Phoenix. Please review the Phoenix sitting dates for October 16-20, 2023 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). [12734749] (CSR) [Entered: 06/13/2023 11:28 AM] |
| Filing 41 Received 6 paper copies of Reply Brief [ # 39 ] filed by Spencer Elden. [12665796] (SD) [Entered: 03/02/2023 11:01 AM] |
| Filing 40 Filed clerk order: The reply brief [ # 39 ] submitted by Spencer Elden 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. [12660799] (JMR) [Entered: 02/24/2023 11:06 AM] |
| Filing 39 Submitted (ECF) Reply Brief for review. Submitted by Appellant Spencer Elden. Date of service: 02/23/2023. [12660374] [22-55822] (Marsh, James) [Entered: 02/23/2023 08:42 PM] |
| Filing 38 Added Attorney Joshua A. Romero for Appellee Kirk Weddle, in case 22-55822. [12648111] (HH) [Entered: 02/07/2023 01:26 PM] |
| Filing 37 Filed (ECF) notice of appearance of Joshua A. Romero (Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100, Austin TX 78701) for Appellee Kirk Weddle. Date of service: 02/07/2023. (Party was previously proceeding with counsel.) [12648051] [22-55822] (Romero, Joshua) [Entered: 02/07/2023 12:34 PM] |
| Filing 36 Added Attorney Emilio Nicolas for Appellee Kirk Weddle, in case 22-55822. [12648017] (HH) [Entered: 02/07/2023 12:16 PM] |
| Filing 35 Filed (ECF) notice of appearance of Emilio B. Nicolas (Jackson Walker L.L.P., 100 Congress Avenue, Suite 1100, Austin TX 78701) for Appellee Kirk Weddle. Date of service: 02/07/2023. (Party was previously proceeding with counsel.) [12648005] [22-55822] (Nicolas, Emilio) [Entered: 02/07/2023 12:04 PM] |
| Filing 34 Terminated attorneys Emilio Nicolas and Joshua A. Romero for appellees Nirvana L.L.C., et al., in 22-55822. [12647429] (HH) [Entered: 02/06/2023 04:37 PM] |
| Filing 33 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Joshua A. Romero for Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle. Party proceeding without counsel: No. Date of service: 02/06/2023. [12647359] [22-55822] (Romero, Joshua) [Entered: 02/06/2023 04:13 PM] |
| Filing 32 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Emilio Nicolas for Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle. Party proceeding without counsel: No. Date of service: 02/06/2023. [12647345] [22-55822] (Nicolas, Emilio) [Entered: 02/06/2023 04:03 PM] |
| Filing 31 Received 6 paper copies of Answering Brief [ # 25 ] filed by Appellees. [12647163] (SD) [Entered: 02/06/2023 02:42 PM] |
| Filing 30 Added Attorney Emilio Nicolas for Appellees Nirvana L.L.C., et al., in case 22-55822. [12646226] (HH) [Entered: 02/03/2023 04:47 PM] |
| Filing 29 Filed (ECF) notice of appearance of Emilio B. Nicolas (Jackson Walker LLP, 100 Congress Avenue, Suite 1100, Austin, TX 7801) for Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Kirk Weddle and Universal Music Group, Inc.. Date of service: 02/03/2023. (Party was previously proceeding with counsel.) [12646211] [22-55822] (Nicolas, Emilio) [Entered: 02/03/2023 04:41 PM] |
| Filing 28 Added Attorney Joshua A. Romero for Appellees Nirvana L.L.C., et al., in case 22-55822. [12645980] (HH) [Entered: 02/03/2023 02:57 PM] |
| Filing 27 Filed (ECF) notice of appearance of Joshua A. Romero (Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100, Austin TX 78701) for Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle. Date of service: 02/03/2023. (Party was previously proceeding with counsel.) [12645960] [22-55822] (Romero, Joshua) [Entered: 02/03/2023 02:47 PM] |
| Filing 26 Filed clerk order: The answering brief [ # 25 ] submitted by appellees 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 paper copies shall be submitted to the principal office of the Clerk. [12645714] (JMR) [Entered: 02/03/2023 11:47 AM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellees Nirvana L.L.C., Universal Music Group, Inc., UMG Recordings, Inc., The David Geffen Company, MCA Records, Inc., Kirk Weddle, Courtney Love, Krist Novoselic, David Grohl and Geffen Records. Date of service: 02/02/2023. [12645371] [22-55822] (Deixler, Bert) [Entered: 02/02/2023 06:19 PM] |
| Filing 24 Added Attorney Margaret Elizabeth Mabie for Appellant Spencer Elden, in case 22-55822. [12614924] (HH) [Entered: 12/20/2022 12:27 PM] |
| Filing 23 Filed (ECF) notice of appearance of Margaret Elizabeth Mabie (Marsh Law Firm PLLC, 31 Hudson Yards, Floor 11, New York, New York 10001) for Appellant Spencer Elden. Date of service: 12/20/2022. (Party was previously proceeding with counsel.) [12614923] [22-55822] (Mabie, Margaret) [Entered: 12/20/2022 12:25 PM] |
| Filing 22 Added Attorney(s) Nary Kim for party(s) Appellee MCA Records, Inc. Appellee Nirvana L.L.C. Appellee Geffen Records Appellee The David Geffen Company Appellee Courtney Love Appellee UMG Recordings, Inc. Appellee Krist Novoselic Appellee Kirk Weddle Appellee Universal Music Group, Inc. Appellee David Grohl, in case 22-55822. [12614506] (NAC) [Entered: 12/20/2022 07:46 AM] |
| Filing 21 Filed (ECF) Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle response non-opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing) motion to become amicus). Date of service: 12/19/2022. [12614453] [22-55822] (Deixler, Bert) [Entered: 12/19/2022 07:51 PM] |
| Filing 20 Filed (ECF) notice of appearance of Nary Kim (Kendall Brill & Kelly LLP, 10100 Santa Monica Blvd., STE 1725, Los Angeles, CA 90067) for Appellees Nirvana L.L.C., Universal Music Group, Inc., The David Geffen Company, Geffen Records, MCA Records, Inc., UMG Recordings, Inc., Kirk Weddle, Courtney Love, Krist Novoselic and David Grohl. Date of service: 12/19/2022. (Party was previously proceeding with counsel.) [12614452] [22-55822] (Kim, Nary) [Entered: 12/19/2022 07:14 PM] |
| Filing 19 Received 6 paper copies of Amicus Brief [ # 14 ] filed by Child USA and Canadian Centre for Child Protection, Inc. [12612358] (MAE) [Entered: 12/16/2022 10:45 AM] |
| Filing 18 Received 3 paper copies of excerpts of record [ # 8 ] in 4 volume(s) and index volume filed by Spencer Elden. [12609583] (CPA) [Entered: 12/13/2022 03:02 PM] |
| Filing 17 Received 6 paper copies of Opening Brief [ # 7 ] filed by Spencer Elden. [12609561] (CPA) [Entered: 12/13/2022 02:56 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: th): Motion [ # 14 ] (ECF Filing) to become amicus is referred to panel. (see attached PDF for complete order addressing Dkt No. 14) [12607654] (TH) [Entered: 12/12/2022 09:13 AM] |
| Filing 15 Entered appearance of Amici Curiae - Pending Child USA and Canadian Centre for Child Protection, Inc.. [12607377] (JMR) [Entered: 12/09/2022 04:37 PM] |
| Filing 14 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Child USA and Canadian Centre for Child Protection, Inc.. Date of service: 12/09/2022. [12607364]--[COURT ENTERED FILING to replace entry [13].] (JMR) [Entered: 12/09/2022 04:31 PM] |
| Filing 13 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 14 ]. Original Text: Filed (ECF) CHILD USA and CANADIAN CENTRE FOR CHILD PROTECTION INC. Motion to become amicus curiae. Date of service: 12/09/2022. [12606343] [22-55822] (Hepburn, Carol) [Entered: 12/09/2022 09:08 AM] |
| Filing 12 Streamlined request [11] by Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle to extend time to file the brief is approved. Amended briefing schedule: Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle answering brief due 02/02/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12605924] (BG) [Entered: 12/08/2022 03:21 PM] |
| Filing 11 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle. New requested due date is 02/02/2023. [12605352] [22-55822] (Deixler, Bert) [Entered: 12/08/2022 10:53 AM] |
| Filing 10 Filed clerk order: The opening brief [ # 7 ] submitted by Spencer Elden 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 [ # 8 ] submitted by Spencer Elden 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. [12604836] (JMR) [Entered: 12/07/2022 03:56 PM] |
| Filing 9 Added Attorney Robert Y. Lewis for party Appellant Spencer Elden, in case 22-55822. [12601905] (HH) [Entered: 12/05/2022 10:05 AM] |
| Filing 8 Submitted (ECF) excerpts of record. Submitted by Appellant Spencer Elden. Date of service: 12/02/2022. [12601490] [22-55822]--[COURT UPDATE: Attached corrected excerpts. 12/07/2022 by JMR] (Marsh, James) [Entered: 12/02/2022 11:15 PM] |
| Filing 7 Submitted (ECF) Opening Brief for review. Submitted by Appellant Spencer Elden. Date of service: 12/02/2022. [12601489] [22-55822]--[COURT UPDATE: Attached corrected brief with Form 8. 12/07/2022 by JMR] (Marsh, James) [Entered: 12/02/2022 11:10 PM] |
| Filing 6 Filed (ECF) notice of appearance of Robert Y. Lewis (Marsh Law Firm PLLC, 31 Hudson Yards, 11th Floor, New York, NY 10001) for Appellant Spencer Elden. Date of service: 12/02/2022. (Party was previously proceeding with counsel.) [12601484] [22-55822] (Lewis, Robert) [Entered: 12/02/2022 08:19 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 4 ] (ECF Filing) filed by Appellant to extend time to file opening brief. Appellant Spencer Elden opening brief is due 12/02/2022. Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle answering brief is due 01/03/2023. The optional reply brief is due 21 days after service of the answering brief. [12571851] (TH) [Entered: 10/24/2022 04:00 PM] |
| Filing 4 Filed (ECF) Appellant Spencer Elden Unopposed Motion to extend time to file Opening brief until 12/02/2022. Date of service: 10/24/2022. [12571784] [22-55822] (Marsh, James) [Entered: 10/24/2022 03:30 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 09/13/2022. 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.[12539691]. [22-55822] (AD) [Entered: 09/13/2022 06:44 PM] |
| Filing 2 Filed (ECF) Appellant Spencer Elden Mediation Questionnaire. Date of service: 09/13/2022. [12539605] [22-55822] (Marsh, James) [Entered: 09/13/2022 04:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Spencer Elden Mediation Questionnaire due on 09/13/2022. Appellant Spencer Elden opening brief due 11/04/2022. Appellees Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc. and Kirk Weddle answering brief due 12/05/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12533551] (JBS) [Entered: 09/06/2022 09:43 AM] |
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