Case Details

CourtCourt of Appeals for the Ninth Circuit
Docket number13-35163
Date case filed03/06/2013
Date case closed
Date of latest filing
Assigned to
Case cause
Nature of suit4345 Marine - Product Liability
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
103/06/2013 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/13/2013. Transcript ordered by 04/04/2013. Appellant CHMM, LLC opening brief due 06/13/2013. Appellee Freeman Marine Equipment, Inc. answering brief due 07/15/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8539406] (RT)
203/11/2013 Filed (ECF) notice of appearance of Colin Folawn for Appellant CHMM, LLC. Date of service: 03/11/2013. [8546018] (CJF)
403/11/2013 Filed (ECF) Appellant CHMM, LLC Mediation Questionnaire. Date of service: 03/11/2013. [8546041] (CJF)
503/12/2013 Filed clerk order (Deputy Clerk: KE): A review of the record suggests that this court may lack jurisdiction over the appeal because the district court’s February 7, 2013 order did not “determin[e] the “rights and liabilities of the parties” within the meaning of § 1292(a)(3). Cf. Wallis v. Princess Cruises, Inc., 306 F.3d 827, 832 (9th Cir. 2002) (exercising jurisdiction “to hear interlocutory appeals under this section when the district court has upheld the validity of a clause limiting the amount of liability but has not reached the question of whether the defendant was actually liable”); Carman Tool & Abrasives, Inc. v. Evergreen Lines, 871 F.2d 897 (9th Cir. 1989) (same). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [8547701] (SM)
604/02/2013 Filed (ECF) Appellant CHMM, LLC corporate disclosure statement. Date of service: 04/02/2013. [8573410] (AJP)
704/02/2013 Filed (ECF) Appellant CHMM, LLC response to order to show cause dated 03/12/2013. Date of service: 04/02/2013. [8573458] (AJP)
804/15/2013 Filed (ECF) Appellee Freeman Marine Equipment, Inc. reply to response to order to show cause dated 03/12/2013. Date of service: 04/15/2013. [8590073] (EJP)
905/14/2013 Filed order (Appellate Commissioner): The court has reviewed appellant’s response to its March 12, 2013 order, and appellee’s reply thereto. The order to show cause is discharged. See Nat’l Indus. v. Republic Nat’l Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (stating that merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The briefing schedule established previously shall remain in effect. (MOATT) [8629029] (SM)
1005/31/2013 Filed (ECF) Appellant CHMM, LLC Unopposed Motion to extend time to file Opening brief until 08/15/2013. Date of service: 05/31/2013. [8649954] (AJP)
1105/31/2013 Filed clerk order (Deputy Clerk: cag) Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellant CHMM, LLC Appellant CHMM, LLC opening brief due 08/15/2013. Appellee Freeman Marine Equipment, Inc. answering brief due 09/16/2013. The optional reply brief is due 14 days after service of the answering brief. [8650315] (CG)
1206/24/2013 Filed order MEDIATION (BS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on July 3, 2013, at 10:30 a.m. Pacific Time (1:30 p.m. Eastern Time) to discuss whether this case is appropriate for participation in the Mediation Program. The Circuit Mediator will initiate the conference call by contacting each person on the attached list of participants at the telephone number listed. Please be available for the call at least five minutes before the scheduled time. [8679974] (SM)
1307/09/2013 Filed order MEDIATION (MAC): On July 3, 2013, a telephone conference was held with Circuit Mediator Margaret A. Corrigan. David R. Boyajian, Esq., Anthony J. Pruzinsky, Esq., and Brian Eisenhower, Esq. participated on behalf of appellant; David W. Lannetti, Esq. and James P. McCurdy, Esq. participated on behalf of appellee. By July 12, 2013, counsel for appellant shall serve by email on the Circuit Mediator, with a copy to all counsel, the information discussed during the July 3, 2013 conference call. [8695395] (AF)
1407/15/2013 Filed order MEDIATION (MAC): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerk’s office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeal is pending. [8703484] (SM)
1508/15/2013 Submitted (ECF) excerpts of record. Submitted by Appellant CHMM, LLC. Date of service: 08/15/2013. [8743589] (AJP)
1608/15/2013 Submitted (ECF) Opening Brief for review. Submitted by Appellant CHMM, LLC. Date of service: 08/15/2013. [8743644] (AJP)
1708/19/2013 Filed clerk order: The opening brief [16] submitted by CHMM, LLC is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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 paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [15] submitted by CHMM, LLC. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8747387] (LA)
1908/22/2013 Received Appellant CHMM, LLC excerpts of record [15] in 2 volumes. Served on 08/15/2013. Deficiencies: excerpts of record pages are double-sided. Notified counsel (see attached notice). [8753205] (LA)
2209/16/2013 Submitted (ECF) Answering Brief for review. Submitted by Appellee Freeman Marine Equipment, Inc.. Date of service: 09/16/2013. [8783961]--[COURT UPDATE: Edited docket text to reflect correct brief type. Resent NDA. 09/17/2013 by RY] (EJP)
2309/18/2013 Filed clerk order: The answering brief [22] submitted by Freeman Marine Equipment, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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 printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8787804] (CT)