23-55189
03/02/2023
Pending - Other Pending
PERRIN BERNARD SUPOWITZ, LLC, a California LLC, DBA Individual Foodservice
LEGACY WHOLESALE GROUP, LLC, an Arizona Limited Liability Corporation
PABLO MORALES, an individual
SAVINO MORALES, an individual
SERGIO ESCAMILLA, an individual
Dan Forman
Emil W. Herich
Scott Michael Lesowitz
Steven Gebelin
Docketing Letter
Notice to All Parties and Counsel
Mediation Letter
Mediation Questionnaire
Case Opening Packet
(#4) Filed clerk order (Deputy Clerk: TSP): The appeal filed March 1, 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 follows: the opening brief and excerpts of record are due no later than March 29, 2023; the answering brief is due April 26, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after 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 31-2.2(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. [12666576] (RT) [Entered: 03/03/2023 09:51 AM]
Docket(#4) Filed clerk order (Deputy Clerk: TSP): The appeal filed March 1, 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 follows: the opening brief and excerpts of record are due no later than March 29, 2023; the answering brief is due April 26, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after 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 31-2.2(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. [12666576] (RT) [Entered: 03/03/2023 09:51 AM]
[-] Read LessDocket(#3) Added Attorney(s) Emil W. Herich for party(s) Appellant Perrin Bernard Supowitz, LLC, in case 23-55189. [12666411] (BJK) [Entered: 03/02/2023 06:10 PM]
[-] Read LessDocket(#2) Filed (ECF) notice of appearance of Emil Walter Herich (KILPATRICK TOWNSEND & STOCKTON LLP, 1801 Century Park East, Suite 2300, Los Angeles, CA 90067) for Appellant Perrin Bernard Supowitz, LLC. Date of service: 03/02/2023. (Party was previously proceeding with counsel.) [12666364] [23-55189] (Herich, Emil) [Entered: 03/02/2023 03:56 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. [12665719] (RT) [Entered: 03/02/2023 10:16 AM]
[-] Read Less