Lawrence Anderson, et al v. Boyne USA, Inc., et al
| LAWRENCE ANDERSON, as trustee for the Lawrence T. Anderson and Suzanne M. Anderson Joint Revocable Living Trust, ROBERT ERHART, NORA ERHART and TJARDA CLAGETT |
| BOYNE USA, INC., BOYNE PROPERTIES, INC. and SUMMIT HOTEL, LLC |
| 23-35191 |
| March 17, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
| LAWRENCE ANDERSON, ET AL V. BOYNE USA, INC., ET AL |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 Received 6 paper copies of Answering Brief [ # 24 ] filed by Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart. [12712849] (CPA) [Entered: 05/10/2023 10:30 AM] |
| Filing 27 Received 3 paper copies of supplemental excerpts of record [ # 25 ] in 1 volume(s) filed by Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart. [12712821] (CPA) [Entered: 05/10/2023 10:12 AM] |
| Filing 26 Filed clerk order: The answering brief [ # 24 ] submitted by Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart 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 [ # 25 ] submitted by Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart 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. [12708632] (KWG) [Entered: 05/04/2023 08:40 AM] |
| Filing 25 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart. Date of service: 05/02/2023. [12707239] [23-35191]--[COURT UPDATE: Attached corrected PDF of the excerpts. 05/04/2023 by KWG] (Tierney, Jeffrey) [Entered: 05/02/2023 01:34 PM] |
| Filing 24 Submitted (ECF) Answering Brief for review. Submitted by Appellees Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart. Date of service: 05/02/2023. [12707229] [23-35191]--[COURT UPDATE: Attached corrected PDF of the brief. 05/04/2023 by KWG] (Tierney, Jeffrey) [Entered: 05/02/2023 01:20 PM] |
| Filing 23 Added Attorney(s) Jeffrey J. Tierney for party(s) Appellee Nora Erhart Appellee Tjarda Clagett Appellee Lawrence Anderson Appellee Robert Erhart, in case 23-35191. [12696127] (JFF) [Entered: 04/14/2023 03:57 PM] |
| Filing 22 Filed (ECF) notice of appearance of Jeffrey J. Tierney (GOETZ, GEDDES & GARDNER, PC, 35 N. Grand Ave Bozeman, MT 59771) for Appellees Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart. Date of service: 04/14/2023. (Party was previously proceeding with counsel.) [12696095] [23-35191] (Tierney, Jeffrey) [Entered: 04/14/2023 03:48 PM] |
| Filing 21 Notice of Appearance (ECF Filing) [20] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12696076] (JFF) [Entered: 04/14/2023 03:41 PM] |
| Filing 20 Filed (ECF) notice of appearance of Jeffery J. Tierney (Goetz, Geddes, & Gardner, PC, 35 N Grand Ave, Bozeman, MT 59771) for Appellees Robert Erhart, Nora Erhart, Tjarda Clagett and Lawrence Anderson. Date of service: 04/14/2023. (Party was previously proceeding with counsel.) [12696026] [23-35191] (Geddes, James) [Entered: 04/14/2023 03:01 PM] |
| Filing 19 Received 6 paper copies of Opening Brief [ # 13 ] filed by Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, LLC. [12690705] (SD) [Entered: 04/06/2023 02:58 PM] |
| Filing 18 Received 3 paper copies of excerpts of record [ # 14 ] in 3 volume(s) and index volume filed by Appellants Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, LLC. [12690694] (SD) [Entered: 04/06/2023 02:56 PM] |
| Filing 17 Filed clerk order: The opening brief [ # 13 ] submitted by Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, 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 [ # 14 ] submitted by Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, 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. [12689160] (KWG) [Entered: 04/04/2023 05:05 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: AC): The motion to expedite (Docket Entry No. [ # 4 ]) is denied. The motion to dismiss this appeal for lack of jurisdiction (Docket Entry No. [ # 11 ]) is denied without prejudice to renewing the arguments in the answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The Clerk shall file the opening brief and excerpts of record at Docket Entry Nos. [ # 13 ] and [ # 14 ]. The answering brief is due May 2, 2023. The optional reply brief is due 21 days after service of the answering brief [12689113] (ABT) [Entered: 04/04/2023 04:31 PM] |
| Filing 15 Filed (ECF) Appellees Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart reply to response (). Date of service: 03/31/2023. [12686827] [23-35191] (Alke, Benjamin) [Entered: 03/31/2023 03:11 PM] |
| Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellants Boyne USA, Inc., Boyne Properties, Inc. and Summit Hotel, LLC. Date of service: 03/27/2023. [12683103] [23-35191]--[COURT UPDATE: Attached corrected PDF of vols 1-3 and index vol. 03/31/2023 by KWG] (McIntosh, Ian) [Entered: 03/27/2023 08:33 PM] |
| Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellants Summit Hotel, LLC, Boyne Properties, Inc. and Boyne USA, Inc.. Date of service: 03/27/2023. [12683092] [23-35191]--[COURT UPDATE: Attached corrected PDF of the brief. 03/31/2023 by KWG] (McIntosh, Ian) [Entered: 03/27/2023 07:29 PM] |
| Filing 12 Filed (ECF) Appellants Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, LLC response opposing motion ([ # 11 ] Motion and Response to Motion (ECF Filing), [ # 11 ] Motion and Response to Motion (ECF Filing)). Date of service: 03/27/2023. [12682710] [23-35191] (McIntosh, Ian) [Entered: 03/27/2023 02:21 PM] |
| Filing 11 Filed (ECF) Appellees Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart Motion to dismiss for lack of jurisdiction and Response to motion ([ # 4 ] Motion (ECF Filing) , [ # 4 ] Motion (ECF Filing) motion to expedite case). Date of service: 03/24/2023. [12682631] --[COURT ENTERED FILING to correct entry [10] .] (TYL) [Entered: 03/27/2023 01:45 PM] |
| Filing 10 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 11 ]. Original Text: Filed (ECF) Appellees Lawrence Anderson, Tjarda Clagett, Nora Erhart and Robert Erhart response to motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing) motion to expedite case). Date of service: 03/24/2023. [12681343] [23-35191] (Alke, Benjamin) [Entered: 03/24/2023 12:22 PM] |
| Filing 9 Added Attorney(s) William McIntosh Morris for party(s) Appellant Boyne Properties, Inc. Appellant Summit Hotel, LLC Appellant Boyne USA, Inc., in case 23-35191. [12679897] (BJK) [Entered: 03/22/2023 04:11 PM] |
| Filing 8 Added Attorney(s) Joseph M. Norena for party(s) Appellant Boyne Properties, Inc. Appellant Summit Hotel, LLC Appellant Boyne USA, Inc., in case 23-35191. [12679891] (BJK) [Entered: 03/22/2023 04:09 PM] |
| Filing 7 Filed (ECF) notice of appearance of William M. Morris (Crowley Fleck, PLLP, P.O. 10969, Bozeman, MT 59719) for Appellants Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, LLC. Date of service: 03/22/2023. (Party was previously proceeding with counsel.) [12679400] [23-35191] (Morris, William) [Entered: 03/22/2023 11:02 AM] |
| Filing 6 Filed (ECF) notice of appearance of Joseph M. Norena (CROWLEY FLECK PLLP P.O. Box 10969 Bozeman, MT 59719-0969) for Appellants Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, LLC. Date of service: 03/22/2023. (Party was previously proceeding with counsel.) [12679141] [23-35191] (Norena, Joseph) [Entered: 03/22/2023 09:00 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 03/20/2023. 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.[12678038]. [23-35191] (AD) [Entered: 03/20/2023 06:44 PM] |
| Filing 4 Filed (ECF) Appellants Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, LLC Motion to expedite case. Date of service: 03/20/2023. [12677895] [23-35191] (McIntosh, Ian) [Entered: 03/20/2023 04:32 PM] |
| Filing 3 Filed (ECF) Appellants Boyne Properties, Inc., Boyne USA, Inc. and Summit Hotel, LLC Mediation Questionnaire. Date of service: 03/20/2023. [12677887] [23-35191] (McIntosh, Ian) [Entered: 03/20/2023 04:28 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed March 13, 2023 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 April 10, 2023; the answering brief is due May 8, 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. [12676644] (RT) [Entered: 03/17/2023 03:11 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. [12676159] (RT) [Entered: 03/17/2023 10:41 AM] |
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