Blue Novis, Inc. v. U.S. Alliance Group, Inc.
| BLUE NOVIS, INC., an Arizona Corporation, for itself and pursuant to assigned claims |
| U.S. ALLIANCE GROUP, INC., DBA Alternative Payments International |
| 23-55138 |
| February 14, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Property Damage |
Docket Report
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| Filing 11 Filed order MEDIATION (RSK): These appeals are consolidated. The briefing schedule for these consolidated appeals is amended as follows: appellant's opening brief is due June 26, 2023; appellees' answering brief is due July 28, 2023; appellant's optional reply brief is due within 21 days from the service date of the answering brief. A dial-in telephone conference will be held on June 29, 2023, at 9:00 a.m. Pacific Time. Each participant will receive an email with dial-in information. [12679150] [23-55137, 23-55138] (WL) [Entered: 03/22/2023 09:07 AM] |
| Filing 10 Filed clerk order (Deputy Clerk: LCC): A review of the record and appellants response to this courts March 1, 2023 order reflects that the district court has denied the post-judgment motion and that an amended notice of appeal has been filed to include the order denying the post-judgment motion. Accordingly, the notice of appeal is so amended, and briefing will proceed. Within 10 days after entry of this order, appellant shall designate any reporters transcripts or serve on appellee a statement indicating that appellant does not intend to order any transcripts. See 9th Cir. R. 10-3.1(a). If appellant designates transcripts, the transcripts will be due April 26, 2023. The opening brief and excerpts of record are due June 5, 2023. The answering brief is due July 5, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12676468] (WL) [Entered: 03/17/2023 02:02 PM] |
| Filing 9 Received copy of amended notice of appeal from district court. [12674791] (JFF) [Entered: 03/15/2023 02:28 PM] |
| Filing 8 Filed (ECF) Appellant U.S. Alliance Group, Inc. response to Court order dated 03/01/2023. Date of service: 03/15/2023. [12674705] [23-55138] (Douglas, Michael) [Entered: 03/15/2023 01:33 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 03/15/2023, 10:00 a.m., PACIFIC Time. See order for instructions and details. [12667423] [23-55137, 23-55138] (VS) [Entered: 03/06/2023 08:45 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: LCC): The courts records reflect that the notice of appeal was filed during the pendency of timely filed motions listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motions. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motions, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motions, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12665132] (TSP) [Entered: 03/01/2023 02:23 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 02/21/2023. 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.[12658031]. [23-55138] (AD) [Entered: 02/21/2023 06:44 PM] |
| Filing 4 Filed (ECF) Appellant U.S. Alliance Group, Inc. Mediation Questionnaire. Date of service: 02/21/2023. [12657879] [23-55138] (Douglas, Michael) [Entered: 02/21/2023 04:29 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 02/20/2023. 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.[12656648]. [23-55138] (AD) [Entered: 02/20/2023 06:44 PM] |
| Filing 2 Filed (ECF) Appellee Blue Novis, Inc. Mediation Questionnaire. Date of service: 02/20/2023. [12656632] [23-55138] (Traylor, Robert) [Entered: 02/20/2023 03:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant U.S. Alliance Group, Inc. Mediation Questionnaire due on 02/21/2023. Transcript ordered by 03/15/2023. Transcript due 04/14/2023. Appellant U.S. Alliance Group, Inc. opening brief due 05/24/2023. Appellee Blue Novis, Inc. answering brief due 06/26/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12653256] (RT) [Entered: 02/14/2023 04:10 PM] |
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| Plaintiff / appellee: BLUE NOVIS, INC., an Arizona Corporation, for itself and pursuant to assigned claims | |
| Represented By: | J. Scott Scheper Esquire |
| Represented By: | Robert M. Traylor Esquire |
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| Defendant / appellant: U.S. ALLIANCE GROUP, INC., DBA Alternative Payments International | |
| Represented By: | Michael David Douglas |
| Represented By: | James C. Huber Esquire |
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