Morning Star, LLC v. Keith Canter, et al
| MORNING STAR, LLC, a Nevada limited liability company |
| KEITH B. CANTER, Trustee of The Center Schoen Family Trust U/D/T March 17, 2015, KAREN ELISE SCHOEN, Trustee of The Center Schoen Family Trust U/D/T March 17, 2015 and DOES, 1-50, inclusive |
| 22-56119 |
| November 30, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Real Property Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
| MORNING STAR, LLC V. KEITH CANTER, ET AL |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 Received 6 paper copies of Reply Brief [ # 27 ] filed by Morning Star, LLC. [12660857] (SD) [Entered: 02/24/2023 11:28 AM] |
| Filing 29 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12660586] (VS) [Entered: 02/24/2023 09:20 AM] |
| Filing 28 Filed clerk order: The reply brief [ # 27 ] submitted by Morning Star, LLC 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. [12653404] (JMR) [Entered: 02/15/2023 08:39 AM] |
| Filing 27 Submitted (ECF) Reply Brief for review. Submitted by Appellant Morning Star, LLC. Date of service: 02/14/2023. [12653325] [22-56119] (Klapach, Joseph) [Entered: 02/14/2023 05:16 PM] |
| Filing 26 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference w/ counsel for appellees, 02/23/2023, 10:00 a.m., . DIAL-IN Conference w/ counsel for appellants, 02/23/2023, 11:00 a.m. Pacific Time. See order for details. [12648308] (VS) [Entered: 02/07/2023 02:57 PM] |
| Filing 25 Received 6 paper copies of Answering Brief [ # 21 ] filed by Keith B. Canter and Karen Elise Schoen. [12644704] (SD) [Entered: 02/02/2023 10:43 AM] |
| Filing 24 Received 3 paper copies of supplemental excerpts of record [ # 22 ] in 1 volume(s) filed by Appellees Keith B. Canter and Karen Elise Schoen. [12644702] (SD) [Entered: 02/02/2023 10:42 AM] |
| Filing 23 Filed clerk order: The answering brief [ # 21 ] submitted by Keith B. Canter and Karen Elise Schoen 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 [ # 22 ] submitted by Keith B. Canter and Karen Elise Schoen 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. [12639462] (JMR) [Entered: 01/26/2023 11:57 AM] |
| Filing 22 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Keith B. Canter and Karen Elise Schoen. Date of service: 01/24/2023. [12637834] [22-56119]--[COURT UPDATE: Attached corrected excerpts, edited docket text to reflect correct excerpt type. 01/26/2023 by JMR] (Friedman, Michael) [Entered: 01/24/2023 09:28 PM] |
| Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellees Keith B. Canter and Karen Elise Schoen. Date of service: 01/24/2023. [12637833] [22-56119]--[COURT UPDATE: Attached corrected brief. 01/26/2023 by JMR] (Friedman, Michael) [Entered: 01/24/2023 09:24 PM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 15 ] filed by Morning Star, LLC. [12622833] (SD) [Entered: 01/04/2023 01:28 PM] |
| Filing 19 Received 3 paper copies of excerpts of record [ # 16 ] in 3 volume(s) and index volume filed by Appellant Morning Star, LLC. [12622832] (SD) [Entered: 01/04/2023 01:27 PM] |
| Filing 18 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 02/07/2022, 2:00 p.m., PACIFIC Time. See order for instructions and details. [12622638] (VS) [Entered: 01/04/2023 11:29 AM] |
| Filing 17 Filed clerk order: The opening brief [ # 15 ] submitted by Morning Star, LLC 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 [ # 16 ] submitted by Morning Star, LLC 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. [12618984] (JMR) [Entered: 12/28/2022 09:43 AM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellant Morning Star, LLC. Date of service: 12/27/2022. [12618777] [22-56119] (Klapach, Joseph) [Entered: 12/27/2022 08:13 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellant Morning Star, LLC. Date of service: 12/27/2022. [12618776] [22-56119] (Klapach, Joseph) [Entered: 12/27/2022 08:11 PM] |
| Filing 14 Filed order (SIDNEY R. THOMAS and RICHARD R. CLIFTON) Appellants emergency motion (Docket Entry No. [ # 5 ]) for a stay pending appeal is denied. See Nken v. Holder, 556 U.S. 418, 426 (2009). The existing briefing schedule remains in effect. [12617109] (WL) [Entered: 12/23/2022 09:09 AM] |
| Filing 13 Filed (ECF) Appellant Morning Star, LLC reply to response (). Date of service: 12/21/2022. [12616139] [22-56119] (Klapach, Joseph) [Entered: 12/21/2022 07:42 PM] |
| Filing 12 Added Attorney Daniel Friedlander for Appellant Morning Star, LLC, in case 22-56119. [12614905] (HH) [Entered: 12/20/2022 12:14 PM] |
| Filing 11 Filed (ECF) notice of appearance of Daniel Alexander Friedlander (Law Offices of Daniel Friedlander, 29800 Agoura Road, Suite 101, Agoura Hills, CA 91301) for Appellant Morning Star, LLC. Date of service: 12/20/2022. (Party was previously proceeding with counsel.) [12614846] [22-56119] (Friedlander, Daniel) [Entered: 12/20/2022 11:42 AM] |
| Filing 10 Filed (ECF) Appellees Keith B. Canter and Karen Elise Schoen response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 12/19/2022. [12614459] [22-56119] (Friedman, Michael) [Entered: 12/19/2022 09:33 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: LAB): The court has received appellants emergency motion at Docket Entry No. [ # 5 ] . A response to the emergency motion is due December 19, 2022. An optional reply is due December 21, 2022. The existing briefing schedule remains in effect. [12609751] (RT) [Entered: 12/13/2022 04:29 PM] |
| Filing 8 Added Attorney Alan Robert Block for Appellees Karen Elise Schoen and Keith B. Canter, in case 22-56119. [12609548] (HH) [Entered: 12/13/2022 02:50 PM] |
| Filing 7 Filed (ECF) notice of appearance of Alan Robert Block (Block & Block, 1880 Century Park East, Suite 415, Los Angeles, California 90067) for Appellees Keith B. Canter and Karen Elise Schoen. Date of service: 12/13/2022. (Party was previously proceeding with counsel.) [12609493] [22-56119] (Block, Alan) [Entered: 12/13/2022 02:30 PM] |
| Filing 6 MEDIATION ORDER FILED: By 12/27/2023, 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. [12607650] (VS) [Entered: 12/12/2022 09:11 AM] |
| Filing 5 Filed (ECF) Appellant Morning Star, LLC EMERGENCY Motion to stay lower court action. Date of service: 12/09/2022. [12607488] [22-56119] (Klapach, Joseph) [Entered: 12/09/2022 11:30 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 12/03/2022. 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.[12601501]. [22-56119] (AD) [Entered: 12/03/2022 12:44 PM] |
| Filing 3 Filed (ECF) Appellant Morning Star, LLC Mediation Questionnaire. Date of service: 12/03/2022. [12601496] [22-56119] (Tym, Ronald) [Entered: 12/03/2022 10:31 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed November 28, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later than December 27, 2022; the answering brief is due January 24, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12600199] (AF) [Entered: 12/01/2022 01:37 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12598828] (RT) [Entered: 11/30/2022 10:30 AM] |
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| Plaintiff / appellant: MORNING STAR, LLC, a Nevada limited liability company | |
| Represented By: | Joseph Scott Klapach |
| Represented By: | Ronald Durwin Tym Esquire |
| Represented By: | Daniel Friedlander |
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| Defendant / appellee: KEITH B. CANTER, Trustee of The Center Schoen Family Trust U/D/T March 17, 2015 | |
| Represented By: | Michael N. Friedman |
| Represented By: | Alan Robert Block Esquire |
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| Defendant / appellee: KAREN ELISE SCHOEN, Trustee of The Center Schoen Family Trust U/D/T March 17, 2015 | |
| Represented By: | Michael N. Friedman |
| Represented By: | Alan Robert Block Esquire |
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| Defendant / appellee: DOES, 1-50, inclusive | |
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