TriPharma, LLC v. First Fruits Business Ministry, LLC, et al
| TRIPHARMA, LLC, a Delaware limited liability company |
| FIRST FRUITS BUSINESS MINISTRY, LLC, a South Carolina limited liability company, FIRST FRUITS BEVERAGE COMPANY, LLC, a Georgia limited liability company, ROGER J. CATARINO, an individual and GREG GUSS, an individual |
| 22-55893 |
| September 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Patent |
Docket Report
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| Filing 6 Filed order (Deputy Clerk: LCC) : On October 11, 2022, this court ordered appellants, within 21 days, either to move for voluntary dismissal of this appeal or to show cause why it should not be dismissed for lack of jurisdiction. The order warned appellants that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellants have not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court. [12595400] (RT) [Entered: 11/23/2022 03:57 PM] |
| Filing 5 MEDIATION ORDER FILED: By 11/10/2022, 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. [12569573] (BLS) [Entered: 10/20/2022 04:53 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the United States Court of Appeals for the Federal Circuit has exclusive jurisdiction over appeals in civil actions arising under federal patent law. See 28 U.S.C. 1295(a)(1); Breed v. Hughes Aircraft Co., 253 F.3d 1173, 1177-78 (9th Cir. 2001); see also 28 U.S.C. 1631 (providing that where jurisdiction is lacking, a federal court shall transfer the matter if it is in the interest of justice to do so); Amity Rubberized Pen Co. v. Mkt. Quest Grp. Inc., 793 F.3d 991, 996-97 (9th Cir. 2015). Within 21 days after the date of this order, appellants shall either move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do 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. [12559722] (AF) [Entered: 10/11/2022 11:00 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 10/05/2022. 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.[12557015]. [22-55893] (AD) [Entered: 10/06/2022 06:44 AM] |
| Filing 2 Filed (ECF) Appellants Roger J. Catarino, Greg Guss, First Fruits Beverage Company, LLC and First Fruits Business Ministry, LLC Mediation Questionnaire. Date of service: 10/05/2022. [12556999] [22-55893] (Hill, Robert) [Entered: 10/05/2022 09:30 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Roger J. Catarino, First Fruits Beverage Company, LLC, First Fruits Business Ministry, LLC and Greg Guss Mediation Questionnaire due on 10/05/2022. Transcript ordered by 10/26/2022. Transcript due 11/28/2022. Appellants Roger J. Catarino, First Fruits Beverage Company, LLC, First Fruits Business Ministry, LLC and Greg Guss opening brief due 01/05/2023. Appellee TriPharma, LLC answering brief due 02/06/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12551564] (RT) [Entered: 09/28/2022 01:06 PM] |
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| Plaintiff / appellee: TRIPHARMA, LLC, a Delaware limited liability company | |
| Represented By: | James Andrew Hinds Esquire Jr. |
| Represented By: | Reid A. Winthrop |
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| Defendant / appellant: FIRST FRUITS BUSINESS MINISTRY, LLC, a South Carolina limited liability company | |
| Represented By: | Robert L. Hill |
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| Defendant / appellant: FIRST FRUITS BEVERAGE COMPANY, LLC, a Georgia limited liability company | |
| Represented By: | Robert L. Hill |
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| Defendant / appellant: ROGER J. CATARINO, an individual | |
| Represented By: | Robert L. Hill |
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| Defendant / appellant: GREG GUSS, an individual | |
| Represented By: | Robert L. Hill |
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