21-56084
10/05/2021
Open
Civil - Securities and Financial Instruments
SANDRA PARZIALE, as co-trustee of the Parziale Family Trust, on behalf of herself and all others similarly situated
AXSPV LLC SERIES ACO CRE LENDER, a Delaware limited liability company
AXSPV LLC SERIES SBL CRE LENDER, a Delaware limited liability company
AXSPV LLC SERIES NB CRE LENDER, a Delaware limited liability company
AXONIC CREDIT OPPORTUNITIES MASTER FUND, LP, a Cayman Islands, limited partnership
ACO SKYLOFT MANAGER, LLC, a Delaware limited liability company
NP SKYLOFT JV, LLC, a Delaware limited liability company
NP SKYLOFT ST, LLC, a Delaware limited liability company
NELSON PARTNERS, LLC, a limited liability company
PATRICK NELSON, a resident of California
Ryan Hansen
Robert W. Brownlie Esquire
Bernard R. Given II
Matthew I. Kaplan
John G. Burgee
Bart L. Kessel Esquire
(#33) Filed order (Deputy Clerk: OC) Pursuant to the Parties Stipulation of Dismissal, Dkt. No. [ # 32 ], the appeal is DISMISSED. See Fed. R. App. P. 42(b). This order constitutes the mandate of this court. [12492634] (OC) [Entered: 07/13/2022 10:07 AM]
(#32) Filed (ECF) Appellant Sandra Parziale Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 07/01/2022. [12485039]--[COURT ENTERED FILING to correct entry [31].] (SLM) [Entered: 07/01/2022 11:39 AM]
(#27) Filed clerk order: The reply brief [ # 26 ] submitted by Sandra Parziale 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12437716] (KWG) [Entered: 05/04/2022 09:37 AM]
(#26) Submitted (ECF) Reply Brief for review. Submitted by Appellant Sandra Parziale. Date of service: 05/04/2022. [12437701] [21-56084] (Brownlie, Robert) [Entered: 05/04/2022 09:30 AM]
(#24) Filed (ECF) Attorney Mr. Bart L. Kessel, Esquire for Appellees Nelson Partners, LLC and Patrick Nelson response to notice for case being considered for oral argument. Date of service: 04/20/2022. [12426871] [21-56084] (Kessel, Bart) [Entered: 04/20/2022 03:35 PM]
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(#10) Filed clerk order: The opening brief [ # 8 ] submitted by Sandra Parziale 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 [ # 9 ] submitted by Sandra Parziale 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. [12368378] (SML) [Entered: 02/11/2022 03:55 PM]
(#10) Filed clerk order: The opening brief [ # 8 ] submitted by Sandra Parziale 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 [ # 9 ] submitted by Sandra Parziale 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. [12368378] (SML) [Entered: 02/11/2022 03:55 PM]
(#10) Filed clerk order: The opening brief [ # 8 ] submitted by Sandra Parziale 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 [ # 9 ] submitted by Sandra Parziale 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. [12368378] (SML) [Entered: 02/11/2022 03:55 PM]
(#5) MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12295809] (CL) [Entered: 11/22/2021 04:21 PM]
(#4) MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 11/22/2021, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12276456] (CL) [Entered: 11/02/2021 04:39 PM]
(#2) Filed (ECF) Appellant Sandra Parziale Mediation Questionnaire. Date of service: 10/12/2021. [12253610] [21-56084] (Brownlie, Robert) [Entered: 10/12/2021 10:41 AM]
Case Opening Packet
Mediation Letter
Notice to All Parties and Counsel
Docket(#33) Filed order (Deputy Clerk: OC) Pursuant to the Parties Stipulation of Dismissal, Dkt. No. [ # 32 ], the appeal is DISMISSED. See Fed. R. App. P. 42(b). This order constitutes the mandate of this court. [12492634] (OC) [Entered: 07/13/2022 10:07 AM]
[-] Read LessDocket(#32) Filed (ECF) Appellant Sandra Parziale Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 07/01/2022. [12485039]--[COURT ENTERED FILING to correct entry [31].] (SLM) [Entered: 07/01/2022 11:39 AM]
[-] Read LessDocket(#31) COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 32 ]. Original Text: Filed (ECF) Appellant Sandra Parziale Correspondence: Stipulation to Dismiss Appeal. Date of service: 07/01/2022 [12484946] [21-56084] (Brownlie, Robert) [Entered: 07/01/2022 10:54 AM]
[-] Read LessDocket(#30) Notice of Oral Argument on Wednesday, August 31, 2022 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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 may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. 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 remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting 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 Wednesday, August 31, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12474805]. [21-56084] (KS) [Entered: 06/19/2022 06:08 AM]
[-] Read LessDocket(#29) This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for August 29 September 2 & September 19 September 23, 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please 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. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. 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). [12450484] (DJH) [Entered: 05/18/2022 02:51 PM]
[-] Read LessDocket(#28) Received 6 paper copies of Reply Brief [ # 26 ] filed by Sandra Parziale. [12440126] (SD) [Entered: 05/06/2022 11:05 AM]
[-] Read LessDocket(#27) Filed clerk order: The reply brief [ # 26 ] submitted by Sandra Parziale 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12437716] (KWG) [Entered: 05/04/2022 09:37 AM]
[-] Read LessDocket(#26) Submitted (ECF) Reply Brief for review. Submitted by Appellant Sandra Parziale. Date of service: 05/04/2022. [12437701] [21-56084] (Brownlie, Robert) [Entered: 05/04/2022 09:30 AM]
[-] Read LessDocket(#25) Terminated participation of Court Reporter Anne Kielwasser in this case. [12433309] [22-55429, 19-50083, 19-50089, 19-50123, 19-50158, 19-50169, 19-50173, 19-50266, 19-50307, 20-50057, 20-50144, 21-50175, 20-50314, 20-50175, 20-50323, 20-55948, 21-50024, 21-50097, 21-50103, 21-50174, 21-50212, 21-50218, 21-50223, 21-50249, 21-50290, 21-50291, 21-50297, 21-55406, 21-55503, 21-55534, 21-55538, 21-55809, 21-55846, 21-55876, 21-56046, 21-56084, 21-56197, 21-56290, 21-56393, 21-56307, 22-50001, 22-50002, 22-50018, 22-50019, 22-50037, 22-50043, 22-50065, 22-50071, 22-55117, 22-55159, 22-55166, 22-55182] (TYL) [Entered: 04/28/2022 10:13 AM]
[-] Read LessDocket(#24) Filed (ECF) Attorney Mr. Bart L. Kessel, Esquire for Appellees Nelson Partners, LLC and Patrick Nelson response to notice for case being considered for oral argument. Date of service: 04/20/2022. [12426871] [21-56084] (Kessel, Bart) [Entered: 04/20/2022 03:35 PM]
[-] Read LessDocket(#10) Filed clerk order: The opening brief [ # 8 ] submitted by Sandra Parziale 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 [ # 9 ] submitted by Sandra Parziale 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. [12368378] (SML) [Entered: 02/11/2022 03:55 PM]
[-] Read LessDocket(#9) Submitted (ECF) excerpts of record. Submitted by Appellant Sandra Parziale. Date of service: 02/11/2022. [12367889] [21-56084] (Brownlie, Robert) [Entered: 02/11/2022 01:08 PM]
[-] Read LessDocket(#8) Submitted (ECF) Opening Brief for review. Submitted by Appellant Sandra Parziale. Date of service: 02/11/2022. [12367886] [21-56084] (Brownlie, Robert) [Entered: 02/11/2022 01:07 PM]
[-] Read LessDocket(#7) Streamlined request [6] by Appellant Sandra Parziale to extend time to file the brief is approved. Amended briefing schedule: Appellant Sandra Parziale opening brief due 02/11/2022. Appellees ACO Skyloft Manager, LLC, AxSPV LLC Series ACO CRE Lender, AxSPV LLC Series NB CRE Lender, AxSPV LLC Series SBL CRE Lender, Axonic Capital LLC, Axonic Credit Opportunities Master Fund, LP, Clayton Degiancinto, Does, NP Skyloft JV, LLC, NP Skyloft St, LLC, Patrick Nelson and Nelson Partners, LLC answering brief due 03/14/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12335968] (JN) [Entered: 01/10/2022 01:38 PM]
[-] Read LessDocket(#6) Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Sandra Parziale. New requested due date is 02/11/2022. [12335438] [21-56084] (Brownlie, Robert) [Entered: 01/10/2022 10:15 AM]
[-] Read LessDocket(#5) MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12295809] (CL) [Entered: 11/22/2021 04:21 PM]
[-] Read LessDocket(#4) MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 11/22/2021, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12276456] (CL) [Entered: 11/02/2021 04:39 PM]
[-] Read LessDocket(#3) The Mediation Questionnaire for this case was filed on 10/12/2021. 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.[12253949]. [21-56084] (AD) [Entered: 10/12/2021 12:44 PM]
[-] Read LessDocket(#2) Filed (ECF) Appellant Sandra Parziale Mediation Questionnaire. Date of service: 10/12/2021. [12253610] [21-56084] (Brownlie, Robert) [Entered: 10/12/2021 10:41 AM]
[-] Read LessDocket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Sandra Parziale Mediation Questionnaire due on 10/12/2021. Transcript ordered by 11/03/2021. Transcript due 12/03/2021. Appellant Sandra Parziale opening brief due 01/12/2022. Appellees ACO Skyloft Manager, LLC, AxSPV LLC Series ACO CRE Lender, AxSPV LLC Series NB CRE Lender, AxSPV LLC Series SBL CRE Lender, Axonic Capital LLC, Axonic Credit Opportunities Master Fund, LP, Clayton Degiancinto, Does, NP Skyloft JV, LLC, NP Skyloft St, LLC, Patrick Nelson and Nelson Partners, LLC answering brief due 02/11/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12247609] (JBS) [Entered: 10/05/2021 11:01 AM]
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