23-55807
09/26/2023
Open
Civil
Plaintiff
PCI INTERMEDIATE, INC.
Defendants
ROBERT ENG, As Stockholder Representative
JOHN S. HORTON, As Stockholder Representative
Plaintiff Attorneys
Jonathan R. Shulan
Julie W. O'Dell Esquire
Paul Louis Brusati
Defendant Attorneys
Michael L. Turrill
Harmony Gbe
Docketing Letter
Notice to All Parties and Counsel
Mediation Letter
Case Opening Packet
(#2) Filed clerk order (Deputy Clerk: MCD): The appeal filed September 25, 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 f ollows: the opening brief and excerpts of record are due no later than October 23, 2023; the answering brief is due November 20, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days af ter 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 3 1 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. [12799252] (AF) [Entered: 09/26/2023 02:12 PM]
(#5) Filed (ECF) Appellant PCI Intermediate, Inc. Mediation Questionnaire. Date of service: 09/28/2023. [12800476] [23-55807] (Brusati, Paul) [Entered: 09/28/2023 10:36 AM]
(#9) Filed (ECF) Appellant PCI Intermediate, Inc. Unopposed Motion to extend time to file Opening brief until 10/30/2023. Date of service: 10/16/2023. [12810392] [23-55807] (Brusati, Paul) [Entered: 10/16/2023 03:11 PM]
(#10) Filed clerk order (Deputy Clerk: MCD): The unopposed motion for extension of time to file the opening brief (Docket Entry No. [ # 9 ]) is granted. The opening brief is due October 30, 2023. The answering brief is due November 27, 2023. The optional reply brief remains due within 21 days after service of the answering brief. [12811993] (AF) [Entered: 10/18/2023 05:11 PM]
(#11) Filed (ECF) Appellant PCI Intermediate, Inc. corporate disclosure statement. Date of service: 10/25/2023. [12814826] [23-55807] (Brusati, Paul) [Entered: 10/25/2023 05:54 AM]
(#12) Filed (ECF) Appellant PCI Intermediate, Inc. Motion to consolidate cases, Motion to extend time to file Opening brief until 11/20/2023. Date of service: 10/25/2023. [12814827] [23-55807] (Brusati, Paul) [Entered: 10/25/2023 06:03 AM]
(#15) Filed clerk order: The opening brief [13] submitted by PCI Intermediate, Inc. 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 PCI Intermediate, Inc. 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. [12817683] (LA) [Entered: 10/31/2023 12:37 PM]
(#16) Filed clerk order (Deputy Clerk: MCD): The motion to consolidate these appeals (Docket Entry No. [ # 12 ] in No. 23-55807) is granted. Appeal Nos. 23-55807 and 23-3126 are consolidated. The parties must include both case numbers on all future filings. The Clerk will strike the opening brief and excerpts of record submitted October 30, 2023, in No. 23-55807. The consolidated opening brief and excerpts of record are due December 6, 2023. The consolidated answering brief is due January 5, 2024. The optional consolidated reply brief is due within 21 days after service of the answering brief. [12817756] (JBS) [Entered: 10/31/2023 02:15 PM]
(#17) Filed (ECF) Appellant PCI Intermediate, Inc. Mediation Questionnaire. Date of service: 11/01/2023. [12818236] (RL) [Entered: 11/01/2023 11:23 AM]
Docket(#18) The Mediation Questionnaire for this case was filed on 11/01/2023. 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.[12818340]. [23-55807] (AD) [Entered: 11/01/2023 12:44 PM]
[-] Read LessDocket(#17) Filed (ECF) Appellant PCI Intermediate, Inc. Mediation Questionnaire. Date of service: 11/01/2023. [12818236] (RL) [Entered: 11/01/2023 11:23 AM]
[-] Read LessDocket(#16) Filed clerk order (Deputy Clerk: MCD): The motion to consolidate these appeals (Docket Entry No. [ # 12 ] in No. 23-55807) is granted. Appeal Nos. 23-55807 and 23-3126 are consolidated. The parties must include both case numbers on all future filings. The Clerk will strike the opening brief and excerpts of record submitted October 30, 2023, in No. 23-55807. The consolidated opening brief and excerpts of record are due December 6, 2023. The consolidated answering brief is due January 5, 2024. The optional consolidated reply brief is due within 21 days after service of the answering brief. [12817756] (JBS) [Entered: 10/31/2023 02:15 PM]
[-] Read LessDocket(#15) Filed clerk order: The opening brief [13] submitted by PCI Intermediate, Inc. 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 PCI Intermediate, Inc. 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. [12817683] (LA) [Entered: 10/31/2023 12:37 PM]
[-] Read LessDocket(#14) STRICKEN PER ORDER [ # 16 ] Submitted (ECF) excerpts of record. Submitted by Appellant PCI Intermediate, Inc.. Date of service: 10/30/2023. [12817372] [23-55807] (Brusati, Paul) [Entered: 10/30/2023 05:37 PM]
[-] Read LessDocket(#13) STRICKEN PER ORDER [ # 16 ] Submitted (ECF) Opening Brief for review. Submitted by Appellant PCI Intermediate, Inc.. Date of service: 10/30/2023. [12817371] [23-55807] (Brusati, Paul) [Entered: 10/30/2023 05:36 PM]
[-] Read LessDocket(#12) Filed (ECF) Appellant PCI Intermediate, Inc. Motion to consolidate cases, Motion to extend time to file Opening brief until 11/20/2023. Date of service: 10/25/2023. [12814827] [23-55807] (Brusati, Paul) [Entered: 10/25/2023 06:03 AM]
[-] Read LessDocket(#11) Filed (ECF) Appellant PCI Intermediate, Inc. corporate disclosure statement. Date of service: 10/25/2023. [12814826] [23-55807] (Brusati, Paul) [Entered: 10/25/2023 05:54 AM]
[-] Read LessDocket(#10) Filed clerk order (Deputy Clerk: MCD): The unopposed motion for extension of time to file the opening brief (Docket Entry No. [ # 9 ]) is granted. The opening brief is due October 30, 2023. The answering brief is due November 27, 2023. The optional reply brief remains due within 21 days after service of the answering brief. [12811993] (AF) [Entered: 10/18/2023 05:11 PM]
[-] Read LessDocket(#9) Filed (ECF) Appellant PCI Intermediate, Inc. Unopposed Motion to extend time to file Opening brief until 10/30/2023. Date of service: 10/16/2023. [12810392] [23-55807] (Brusati, Paul) [Entered: 10/16/2023 03:11 PM]
[-] Read LessDocket(#8) Added Attorney(s) Jonathan R. Shulan for party(s) Appellant PCI Intermediate, Inc., in case 23-55807. [12801436] (NAC) [Entered: 09/29/2023 12:06 PM]
[-] Read LessDocket(#7) Filed (ECF) notice of appearance of Jonathan R. Shulan (Armstrong Teasdale LLP, 7700 Forsyth Blvd., Suite 1800, St. Louis, Missouri 63105) for Appellant PCI Intermediate, Inc.. Date of service: 09/29/2023. (Party was previously proceeding with counsel.) [12801433] [23-55807] (Shulan, Jonathan) [Entered: 09/29/2023 12:04 PM]
[-] Read LessDocket(#6) The Mediation Questionnaire for this case was filed on 09/28/2023. 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.[12800621]. [23-55807] (AD) [Entered: 09/28/2023 12:44 PM]
[-] Read LessDocket(#5) Filed (ECF) Appellant PCI Intermediate, Inc. Mediation Questionnaire. Date of service: 09/28/2023. [12800476] [23-55807] (Brusati, Paul) [Entered: 09/28/2023 10:36 AM]
[-] Read LessDocket(#4) Added Attorney(s) Paul Louis Brusati for party(s) Appellant PCI Intermediate, Inc., in case 23-55807. [12799583] (NAC) [Entered: 09/27/2023 07:22 AM]
[-] Read LessDocket(#3) Filed (ECF) notice of appearance of Paul Louis Brusati (Armstrong Teasdale LLP, 7700 Forsyth Blvd., Suite 1800, St. Louis, MO 63105) for Appellant PCI Intermediate, Inc.. Date of service: 09/27/2023. (Party was previously proceeding with counsel.) [12799575] [23-55807] (Brusati, Paul) [Entered: 09/27/2023 06:03 AM]
[-] Read LessDocket(#2) Filed clerk order (Deputy Clerk: MCD): The appeal filed September 25, 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 f ollows: the opening brief and excerpts of record are due no later than October 23, 2023; the answering brief is due November 20, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days af ter 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 3 1 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. [12799252] (AF) [Entered: 09/26/2023 02:12 PM]
[-] Read LessDocket(#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. [12799136] (JBS) [Entered: 09/26/2023 11:53 AM]
[-] Read Less