Aaron Greenspan v. Omar Qazi, et al :: Court of Appeals for the Ninth Circuit

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65	Filed: 5/31/2024, Entered: 5/31/2024
	Filed order (ANDREW D. HURWITZ, ANTHONY D. JOHNSTONE and BRIAN M. MORRIS): The panel has voted to deny the petition for panel rehearing. Judge Johnstone has voted to deny the petition for rehearing en banc, and Judge Hurwitz and Chief Judge Morris have so recommended. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on whether to rehear the matter en banc. See Fed. R. App. P. 35. The petitions for rehearing and rehearing en banc (Dkt. [64]) are DENIED. [12888475] (AF)


64	Filed: 5/6/2024, Entered: 5/6/2024
	Filed (ECF) Appellant Mr. Aaron Greenspan petition for panel rehearing and petition for rehearing en banc (from 04/04/2024 memorandum). Date of service: 05/06/2024. [12882659] [22-16110] (Greenspan, Aaron) Attachment 1


63	Filed: 4/9/2024, Entered: 4/9/2024
	Filed text clerk order (Deputy Clerk: MCD): Appellant's motion (Docket Entry #[62]) to extend time to file petition for rehearing until May 6, 2024, is granted. [12876263] (WL)


62	Filed: 4/9/2024, Entered: 4/9/2024
	Filed (ECF) Appellant Mr. Aaron Greenspan Unopposed Motion to extend time to file petition for rehearing until 05/06/2024. Date of service: 04/09/2024. [12876055] [22-16110] (Greenspan, Aaron)


61	Filed: 4/4/2024, Entered: 4/4/2024
	FILED MEMORANDUM DISPOSITION (ANDREW D. HURWITZ, ANTHONY D. JOHNSTONE and BRIAN M. MORRIS) The motion to strike Omar Qazi’s and Smick Enterprises, Inc.’s Answering Brief is denied as moot. The Motion to Strike and for Sanctions is denied. The motions for judicial notice are denied. AFFIRMED. FILED AND ENTERED JUDGMENT. [12874926] (MM) Attachment 1


60	Filed: 4/1/2024, Entered: 4/1/2024
	SUBMITTED ON THE BRIEFS TO ANDREW D. HURWITZ, ANTHONY D. JOHNSTONE and BRIAN M. MORRIS. [12873913] (GJC)


59	Filed: 3/18/2024, Entered: 3/18/2024
	Filed clerk order (Deputy Clerk: MCD): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and records and the decisional process would not be significantly aided by oral argument. This case shall be submitted on the briefs and record, without oral argument, on April 1, 2024, in San Francisco, California. Fed. R. App. P. 34(a)(2). [12870139] (AF)


58	Filed: 3/4/2024, Entered: 3/4/2024
	Filed (ECF) Acknowledgment of hearing notice by Party Mr. Aaron Greenspan. Hearing in San Francisco on 04/01/2024 at 9:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am appearing only on behalf of myself. Date of service: 03/04/2024. [12865812] [22-16110] (Greenspan, Aaron)


57	Filed: 3/4/2024, Entered: 3/4/2024
	Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. William Balden Adams for Appellees Elon Musk and Tesla, Inc.. Hearing in San Francisco on 04/01/2024 at 9:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/04/2024. [12865427] [22-16110] (Adams, William)


56	Filed: 2/18/2024, Entered: None
	Filed (ECF) Appellant Mr. Aaron Greenspan reply to response (motion to take judicial notice). Date of service: 02/18/2024. [12861091] [22-16110] (Greenspan, Aaron)


55	Filed: 2/14/2024, Entered: None
	Filed (ECF) Appellees Elon Musk and Tesla, Inc. response opposing motion ([54] Motion (ECF Filing), [54] Motion (ECF Filing) motion to take judicial notice). Date of service: 02/14/2024. [12860076] [22-16110] (Adams, William)


54	Filed: 2/5/2024, Entered: 2/5/2024
	Filed (ECF) Appellant Mr. Aaron Greenspan Motion to take judicial notice of certain documents. Date of service: 02/05/2024. [12856164] [22-16110] (Greenspan, Aaron) Attachment 1 Attachment 2 Attachment 3 Attachment 4


	Filed: 1/21/2024, Entered: 1/21/2024
	Notice of Oral Argument on Monday, April 1, 2024 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using the CM/ECF filing event "Motion for any relief (other than reconsideration or to seal)" and selecting the appropriate relief. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note however that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Monday, April 1, 2024. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12850449]. [22-16110] (KS)


52	Filed: 12/7/2023, Entered: None
	Filed (ECF) Appellant Mr. Aaron Greenspan Motion to take judicial notice of certain documents. Date of service: 12/07/2023. [12834731] [22-16110] (Greenspan, Aaron) Attachment 1 Attachment 2 Attachment 3 Attachment 4


	Filed: 12/1/2023, Entered: None
	This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for April 2024 and the subsequent month in that location at http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12831458]. [22-16110] (KS)


50	Filed: 10/23/2023, Entered: None
	Filed (ECF) Appellant Mr. Aaron Greenspan reply to response (motion to take judicial notice). Date of service: 10/23/2023. [12814234] [22-16110] (Greenspan, Aaron)


49	Filed: 10/19/2023, Entered: None
	Filed (ECF) Appellees Elon Musk and Tesla, Inc. response opposing motion ([48] Motion (ECF Filing), [48] Motion (ECF Filing)). Date of service: 10/19/2023. [12812145] [22-16110] (Adams, William)


48	Filed: 10/12/2023, Entered: None
	Filed (ECF) Appellant Mr. Aaron Greenspan Motion to take judicial notice of certain documents. Date of service: 10/12/2023. [12808661] [22-16110] (Greenspan, Aaron)


47	Filed: 7/15/2023, Entered: None
	Filed (ECF) Appellant Mr. Aaron Greenspan Motion to take judicial notice of certain documents. Date of service: 07/15/2023. [12755907] [22-16110] (Greenspan, Aaron)


46	Filed: 6/20/2023, Entered: None
	Filed (ECF) Appellant Mr. Aaron Greenspan Motion to take judicial notice of Superior Court of Alameda County Court Records. Date of service: 06/20/2023. [12739633] [22-16110] (Greenspan, Aaron)


45	Filed: 4/24/2023, Entered: None
	Received 6 paper copies of Reply Brief [42] filed by Mr. Aaron Greenspan. [12701795] (NAR)


44	Filed: 4/24/2023, Entered: None
	Filed clerk order (Deputy Clerk: DC): Appellant’s motions to strike (Docket Entry Nos. [35] and [39]) are referred to the panel that will consider the merits of this appeal. [12701258] (AF)


43	Filed: 4/20/2023, Entered: None
	Filed clerk order: The reply brief [42] submitted by Mr. Aaron Greenspan 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: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [12699269] (LA)


42	Filed: 4/18/2023, Entered: 4/18/2023
	Submitted (ECF) Reply Brief for review. Submitted by Appellant Mr. Aaron Greenspan. Date of service: 04/18/2023. [12698182] [22-16110] (Greenspan, Aaron)


41	Filed: 4/11/2023, Entered: 4/11/2023
	Filed (ECF) Appellant Mr. Aaron Greenspan reply to response (motion to strike portion or whole of document, motion for sanctions). Date of service: 04/11/2023. [12692906] [22-16110] (Greenspan, Aaron)


40	Filed: 4/10/2023, Entered: 4/10/2023
	Filed (ECF) Appellees Elon Musk and Tesla, Inc. response opposing motion ([39] Motion (ECF Filing), [39] Motion (ECF Filing), [39] Motion (ECF Filing)). Date of service: 04/10/2023. [12692389] [22-16110] (Adams, William)


39	Filed: 4/8/2023, Entered: 4/8/2023
	Filed (ECF) Appellant Mr. Aaron Greenspan Motion to strike whole of Answering Brief Of Defendants-Appellees Elon Musk And Tesla, Inc., Motion for sanctions. Date of service: 04/08/2023. [12691812] [22-16110] (Greenspan, Aaron) [Entered: 04/08/2023 06:07 PM] Attachment 1 Attachment 2


38	Filed: 4/5/2023, Entered: 4/5/2023
	Received 6 paper copies of Answering Brief [34] filed by Omar Qazi. [12690067] (SD) [Entered: 04/05/2023 05:24 PM]


37	Filed: 3/30/2023, Entered: 3/30/2023
	Terminated Jeffrey M. Rosenfeld for Smick Enterprises, Inc. in 22-16110 per 01/25/2023 order [30]. [12685526] (LA)


36	Filed: 3/30/2023, Entered: 3/30/2023
	Filed clerk order: The answering brief [34] submitted by Omar Qazi 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: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [12685524] (LA)


35	Filed: 3/29/2023, Entered: None
	Filed (ECF) Appellant Mr. Aaron Greenspan Motion to strike whole of Answering Brief Of Defendants-Appellees Omar Qazi And Smick Enterprises, Inc.. Date of service: 03/29/2023. [12685284] [22-16110] (Greenspan, Aaron)


34	Filed: 3/29/2023, Entered: None
	Submitted (ECF) Answering Brief for review. Submitted by Appellee Omar Qazi. Date of service: 03/29/2023. [12685178] [22-16110] (Qazi, Omar)


009033889004	Filed: 2/23/2023, Entered: 2/23/2023
	Filed order (MILAN D. SMITH, JR. and DANIEL A. BRESS): The court, in its discretion, denies appellee Omar Qazi’s motion for appointment of pro bono counsel (Docket Entry No. [27]). The opening brief has been filed. Appellee Omar Qazi’s answering brief is due March 29, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12660048] (AF) [Entered: 02/23/2023 02:36 PM]


	Filed: 1/25/2023, Entered: 1/25/2023
	Terminated Karl S. Kronenberger for Smick Enterprises, Inc. in 22-16110 [12638585] (AF) [Entered: 01/25/2023 02:49 PM]


	Filed: 1/25/2023, Entered: 1/25/2023
	A copy of 1/25/2023 order [30] was served on Smick Enterprises, Inc.: 2067 Greenwich Street, Apt. 2, San Francisco, CA 94123, via U.S. Mail. [12638579] (AF)


009033802698	Filed: 1/25/2023, Entered: 1/25/2023
	Filed clerk order (Deputy Clerk: MN): The motion by Karl S. Kroneberger, Esq. and Jeffrey M. Rosenfeld, Esq. to withdraw as retained counsel for appellee Smick Enterprises, Inc. (Docket Entry No. [16]) is granted. “It is a longstanding rule that ‘[c]orporations and other unincorporated associations must appear in court through an attorney.’” D-Beam Ltd. P’ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004) (quoting Licht v. Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994)). Accordingly, within 21 days after the date of this order, counsel must file a notice of appearance with this court if appellee Smick Enterprises, Inc. wishes to participate in this appeal. Failure to comply with this order will leave appellee Smick Enterprises, Inc. without representation in this case, and without notice or service of any filings or decisions. Briefing is stayed pending further order of the court. The Clerk shall serve a copy of this order on Smick Enterprises, Inc.: 2067 Greenwich Street, Apt. 2, San Francisco, CA 94123. [12638578] (AF)


009033802697	Filed: 12/29/2022, Entered: None
	Filed (ECF) Appellant Mr. Aaron Greenspan response opposing motion ([27] Motion (ECF Filing), [27] Motion (ECF Filing) motion for appointment of pro bono counsel (Civil or Agency)). Date of service: 12/29/2022. [12620233] [22-16110] (Greenspan, Aaron) Attachment 1


	Filed: 12/28/2022, Entered: None
	Received 7 paper copies of Answering Brief [23] filed by Elon Musk and Tesla, Inc.. [12619479] (SD)


009033800326	Filed: 12/28/2022, Entered: None
	Filed (ECF) Appellee Omar Qazi Motion for appointment of pro bono counsel. Date of service: 12/28/2022. [12619208] [22-16110] (Qazi, Omar)


	Filed: 12/28/2022, Entered: None
	Streamlined request [24] by Appellant Mr. Aaron Greenspan to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: the optional reply brief is due 02/16/2023. [12619143] (DLM)


	Filed: 12/28/2022, Entered: None
	Filed clerk order: The answering brief [23] submitted by Elon Musk and Tesla, 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12619043] (LA)


	Filed: 12/28/2022, Entered: None
	Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Mr. Aaron Greenspan. New requested due date is 02/15/2023. [12618797] [22-16110] (Greenspan, Aaron)


009033799416	Filed: 12/27/2022, Entered: None
	Submitted (ECF) Answering Brief for review. Submitted by Appellees Elon Musk and Tesla, Inc.. Date of service: 12/27/2022. [12618784] [22-16110] (Adams, William)


	Filed: 12/27/2022, Entered: None
	Added Attorney(s) Anthony Paul Alden for party(s) Appellee Tesla, Inc. Appellee Elon Musk, in case 22-16110. [12618078] (NAC)


	Filed: None, Entered: None
	Filed (ECF) notice of appearance of Anthony P. Alden (Quinn Emanuel Urquhart & Sullivan, LLP, 865 South Figueroa Street, 10th Floor, Los Angeles, California 90017) for Appellees Tesla, Inc. and Elon Musk. Date of service: 12/27/2022. (Party was previously proceeding with counsel.) [12618060] [22-16110] (Alden, Anthony)


	Filed: 12/27/2022, Entered: None
	Added Attorney(s) William Balden Adams for party(s) Appellee Tesla, Inc. Appellee Elon Musk, in case 22-16110. [12618056] (NAC)


	Filed: 12/27/2022, Entered: None
	Filed (ECF) notice of appearance of William B. Adams (51 Madison Avenue, 22nd Floor New York, New York 10010) for Appellees Elon Musk and Tesla, Inc.. Date of service: 12/27/2022. (Party was previously proceeding with counsel.) [12618038] [22-16110] (Adams, William)


	Filed: 11/30/2022, Entered: None	?
	Filed (ECF) Notice of withdrawal of counsel. Filed by Mr. Karl S. Kronenberger, Esquire for Appellees Omar Qazi and Smick Enterprises, Inc. and Mr. Jeffrey M. Rosenfeld, Esquire for Appellees Omar Qazi and Smick Enterprises, Inc.. Party proceeding without counsel: Yes, mailing address provided. Party mailing address: 2067 Greenwich Street, Apt. 2, San Francisco, CA 94123. Date of service: 11/30/2022. [12599599] [22-16110] (Kronenberger, Karl)


009033757267	Filed: 11/30/2022, Entered: None	?
	Filed (ECF) Appellee Smick Enterprises, Inc. motion. Attorney(s) Mr. Karl S. Kronenberger, Esquire for Appellees Omar Qazi and Smick Enterprises, Inc. and Mr. Jeffrey M. Rosenfeld, Esquire for Appellees Omar Qazi and Smick Enterprises, Inc. motion to withdraw as counsel. Date of service: 11/30/2022. [12599510] [22-16110] (Kronenberger, Karl) Attachment 1


	Filed: 11/17/2022, Entered: None	?
	COURT CORRECTION: Appellee Omar Qazi in 22-16110 substituted by Appellee Omar Qazi in 22-16110 [12590120] (TYL)


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009033735744	Filed: 11/17/2022, Entered: None	?
	Filed (ECF) Appellees Omar Qazi and Smick Enterprises, Inc. Correspondence: Update address for Omar Qazi.. Date of service: 11/17/2022 [12589747] [22-16110] --[COURT UPDATE: NAN, docket updated. 11/17/2022 by TYL] (Kronenberger, Karl)
	Request

	Filed: 11/10/2022, Entered: None	?
	Streamlined request [12] by Appellees Omar Qazi and Smick Enterprises, Inc. to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Elon Musk, Omar Qazi, Smick Enterprises, Inc. and Tesla, Inc. answering brief due 12/27/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12585177] (DLM)


	Filed: 11/9/2022, Entered: None	?
	Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Omar Qazi and Smick Enterprises, Inc.. New requested due date is 12/16/2022. [12584203] [22-16110] (Kronenberger, Karl)


	Filed: 10/28/2022, Entered: None	?
	Received 3 paper copies of excerpts of record [8] in 1 volume(s) filed by Appellant Mr. Aaron Greenspan. [12576555] (SD)


	Filed: 10/28/2022, Entered: None	?
	Received 6 paper copies of Opening Brief [7] filed by Mr. Aaron Greenspan. [12576549] (SD)


009033701732	Filed: 10/27/2022, Entered: None	?
	Filed clerk order: The opening brief [7] submitted by Mr. Aaron Greenspan 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: not applicable. The excerpts of record [8] submitted by Mr. Aaron Greenspan 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. [12574228] (LA)
	Request

009033698834	Filed: 10/25/2022, Entered: None	?
	Submitted (ECF) excerpts of record. Submitted by Appellant Mr. Aaron Greenspan. Date of service: 10/25/2022. [12572902] [22-16110] (Greenspan, Aaron)


009033698828	Filed: 10/25/2022, Entered: None	?
	Submitted (ECF) Opening Brief for review. Submitted by Appellant Mr. Aaron Greenspan. Date of service: 10/25/2022. [12572899] [22-16110] (Greenspan, Aaron)


009033570730	Filed: 8/9/2022, Entered: None	?
	Filed (ECF) Appellant Mr. Aaron Greenspan Correspondence: Notice of No Transcripts To Be Ordered. Date of service: 08/09/2022 [12513490] [22-16110] (Greenspan, Aaron)


	Filed: 7/29/2022, Entered: None	?
	The Mediation Questionnaire for this case was filed on 07/29/2022. 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.[12505607]. [22-16110] (AD)


	Filed: 7/29/2022, Entered: None	?
	The Mediation Questionnaire for this case was filed on 07/29/2022. 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.[12505607]. [22-16110] (AD)


009033553521	Filed: 7/29/2022, Entered: None	?
	Filed (ECF) Appellant Mr. Aaron Greenspan Mediation Questionnaire. Date of service: 07/29/2022. [12505602] [22-16110] (Greenspan, Aaron)


	Filed: 7/28/2022, Entered: None	?
	Streamlined request [2] by Appellant Mr. Aaron Greenspan to extend time to file the brief is approved. Amended briefing schedule: Appellant Aaron Greenspan opening brief due 10/26/2022. Appellees Elon Musk, Omar Qazi, Smick Enterprises, Inc. and Tesla, Inc. answering brief due 11/25/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12504264] (DLM)


009033546867	Filed: 7/26/2022, Entered: None	?
	DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Aaron Jacob Greenspan opening brief due 09/26/2022. Appellees Elon Musk, Omar Qazi, Smick Enterprises, Inc. and Tesla, Inc. answering brief due 10/26/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12502737] (RT)
	Request