Entrepreneur Media, Inc. v. Scott Smith
Appeal Court of Appeals for the Ninth Circuit, Case No. 15-16562

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Last Updated January 30, 2017 at 12:24 AM ST (4.7 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

Nature of Suit 3150 - Overpayments & Enforcement of Judgments
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Legal Document (Payment Possibly Required) 14 Filed: 9/13/2015, Entered: None
Filed (ECF) Appellant Scott Smith Correspondence: Proof of service. Date of service: 09/10/2015. [9680680] [15-16562] --[COURT UPDATE: Updated docket text to reflect content of filing. 09/14/2015 by TYL] (Mewes, Eric) [Entered: 09/13/2015 06:29 PM]
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    Legal Document (Payment Possibly Required) 13 Filed: 9/11/2015, Entered: None
    Filed (ECF) Appellee Entrepreneur Media, Inc. reply to response to order to show cause dated 08/20/2015. Date of service: 09/11/2015. [9679923] [15-16562] (Cook, David) [Entered: 09/11/2015 02:13 PM]
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      Legal Document (Payment Possibly Required) 12 Filed: 9/10/2015, Entered: None
      Filed (ECF) Appellant Scott Smith reply to response to order to show cause dated 08/20/2015. Date of service: 09/10/2015. [9678960] [15-16562] (Mewes, Eric) [Entered: 09/10/2015 09:41 PM]
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        Legal Document (Payment Possibly Required) 11 Filed: 9/3/2015, Entered: None
        Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9672207] (CL) [Entered: 09/03/2015 05:47 PM]
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          Legal Document (Payment Possibly Required) 10 Filed: 8/24/2015, Entered: None
          Filed order (MICHAEL DALY HAWKINS and KIM MCLANE WARDLAW) Appellant’s August 24, 2015 emergency motion for a stay pending appeal is denied. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008). If appellant does not move for voluntarily dismissal of this appeal, appellant’s response to this court’s August 20, 2015 order to show cause remains due within 21 days after the date of that order. Briefing remains suspended pending further order of the court. [9657714] (ME) [Entered: 08/24/2015 01:25 PM]
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            Legal Document (Payment Possibly Required) 9 Filed: 8/24/2015, Entered: None
            Filed (ECF) Appellee Entrepreneur Media, Inc. response opposing motion (motion to stay lower court action). Date of service: 08/24/2015. [9657290] [15-16562] (DJC) [Entered: 08/24/2015 10:49 AM]
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              Legal Document (Payment Possibly Required) 8 Filed: 8/24/2015, Entered: None
              Filed (ECF) Appellant Scott Smith EMERGENCY Motion to stay lower court action. Date of service: 08/24/2015. [9657004] [15-16562] (EJM) [Entered: 08/24/2015 08:57 AM]
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                Blank 7 Filed: 8/20/2015, Entered: None
                Filed clerk order (Deputy Clerk: SL): A review of the record suggests that this court may lack jurisdiction over the appeal because it appears that the district court’s contempt order challenged in this appeal did not impose sanctions. See Blalock Eddy Ranch v. MCI Telecomms. Corp., 982 F.2d 371, 374 (9th Cir. 1992) (contempt citation not appealable where sanctions not yet imposed); see also SEC v. Hickey, 322 F.3d 1123, 1127-28 (9th Cir. 2003), amended by 335 F.3d 834 (9th Cir. 2003) (concluding no jurisdiction to review contempt order where district court never imposed sanctions and Hickey appealed before period of time to purge contempt had expired); Donovan v. Mazzola, 761 F.2d 1411, 1416-17 (9th Cir. 1985) (post-judgment civil contempt order for failure to post bond not appealable until after a specified date on which sanctions begin accruing). 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. [9654644] (OC) [Entered: 08/20/2015 03:51 PM]
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                  Legal Document (Payment Possibly Required) 6 Filed: 8/14/2015, Entered: None
                  Filed (ECF) Appellant Scott Smith Mediation Questionnaire. Date of service: 08/14/2015. [9648566] [15-16562] (EJM) [Entered: 08/14/2015 11:42 PM]
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                    Legal Document (Payment Possibly Required) 5 Filed: 8/10/2015, Entered: None
                    Filed order (MICHAEL DALY HAWKINS and KIM MCLANE WARDLAW) Appellant’s emergency motion to stay the district court’s August 5, 2015 and August 7, 2015 orders pending appeal is denied. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008). The briefing schedule established previously remains in effect. [9639833] (TSP) [Entered: 08/10/2015 08:54 AM]
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                      Legal Document (Payment Possibly Required) 4 Filed: 8/8/2015, Entered: None
                      Filed (ECF) Appellant Scott Smith Correspondence: Notice re: Duplicate Emergency Motion for Stay. Date of service: 08/08/2015 [9639629] [15-16562] (EJM) [Entered: 08/08/2015 03:37 PM]
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                        Legal Document (Payment Possibly Required) 3 Filed: 8/8/2015, Entered: None
                        Filed (ECF) Appellant Scott Smith EMERGENCY Motion to stay lower court action. Date of service: 08/08/2015. [9639624] [15-16562] (EJM) [Entered: 08/08/2015 12:01 PM]
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                          Legal Document (Payment Possibly Required) 2 Filed: 8/8/2015, Entered: None
                          Filed (ECF) Appellant Scott Smith EMERGENCY Motion to stay lower court action. Date of service: 08/08/2015. [9639621] [15-16562] (EJM) [Entered: 08/08/2015 11:03 AM]
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                            Legal Document (Payment Possibly Required) 1 Filed: 8/7/2015, Entered: None
                            DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/14/2015. Transcript ordered by 09/08/2015. Transcript due 10/08/2015. Appellant Scott Smith opening brief due 11/16/2015. Appellee Entrepreneur Media, Inc. answering brief due 12/16/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9638318] (RT) [Entered: 08/07/2015 09:22 AM]
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