This case was last updated from PACER on 07/24/2021 at 06:49:06 (UTC).

The Eclipse Group LLP, et al v. Target Corporation, et al

Case Summary

On 02/26/2020 The Eclipse Group LLP filed a Contract - Other Contract lawsuit against Target Corporation. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    20-55206

  • Filing Date:

    02/26/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

 

Party Details

Intervenor Plaintiff

STEPHEN MICHAEL LOBBIN

Defendants

AMAZON.COM, INC., a Delaware corporation

MENARD, INC., a Wisconsin corporation

KMART CORPORATION, a Michigan corporation

TOYS R US, INC., a Delaware corporation

FINGERHUT DIRECT MARKETING, INC., a Delaware corporation

Defendant / Appellees and Defendants

MENARD, INC., a Wisconsin corporation

KMART CORPORATION, a Michigan corporation

FINGERHUT DIRECT MARKETING, INC., a Delaware corporation

TARGET CORPORATION, a Minnesota corporation

Plaintiff / Appellant

THE ECLIPSE GROUP LLP, a California limited-liability partnership

Attorney/Law Firm Details

Intervenor Plaintiff Attorneys

Matthew M. Mahoney

Attorney at Witham, Mahoney & Abbott, LLP

401 B Street, Suite 2220

San Diego, CA 92101

Stephen M. Lobbin Esquire

Attorney at SML Avvocati P.C.

888 Prospect Street, Suite 200

La Jolla, CA 92037

Defendant / Appellee Attorneys

Teresa Carey Chow Esquire

Attorney at Baker & Hostetler LLP

11601 Wilshire Boulevard, Suite 1400

Los Angeles, CA 90025-0509

John Letchinger

Attorney at Baker & Hostetler LLP

One North Wacker Drive, Suite 4500

Chicago, IL 60606-2841

Matthew Caccamo

Attorney at Baker & Hostetler LLP

One North Wacker Drive, Suite 4500

Chicago, IL 60606-2841

Plaintiff / Appellant Attorneys

Edward Francis O'Connor Esquire

Attorney at Avyno Law, P.C.

6345 Balboa Boulevard, Suite 208

Encino, CA 91316

Edward F. O'Connor Esquire

Attorney at Avyno Law, P.C.

6345 Balboa Boulevard, Suite 208

Encino, CA 91316

 

Court Documents

#47

(#47) Filed order MEDIATION (SJS): In an order filed March 9, 2021, a panel referred this matter to mediation. Mediation efforts have been exhausted. Accordingly, this case is released from the Mediation Program. [12124568] (AF) [Entered: 05/25/2021 04:46 PM]

#46

(#46) Filed order MEDIATION (SJS): A video mediation will be held on May 20, 2021, at 10:00 a.m. Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. Mediation statements shall be submitted to the Circuit Mediator via e-mail [steven_saltiel@ca9.uscourts.gov] on or before May 13, 2021 by 12:00 p.m. (Noon)..... Mediation statements shall not be filed with the court. (SEE ORDER FOR FULL TEXT) [12097157] (AF) [Entered: 04/29/2021 02:28 PM]

#45

(#45) Filed order MEDIATION (CL): This case has been referred to the Ninth Circuit Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a dial-in telephone conference at the date and time indicated above. Each participant on the attached list will receive an email with dial-in information. If there are any changes or additions to the list, please notify the Mediation Office at mediation@ca9.uscourts.gov. Also, please notify Circuit Mediator Steven Saltiel immediately by email (steven_saltiel@ca9.uscourts.gov) if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All communications should include the Ninth Circuit case name and number in the subject line. All discussions that take place in the context of the conference are confidential. See Cir. R. 33-1. For more detailed information about the Mediation Program and its procedures generally, please see the Mediation Program web site: www.ca9.uscourts.gov/mediation. (Date: April 23, 2021 Time: 11:00 a.m. Pacific Time) (SEE ORDER FOR FULL TEXT) [12077725] (AF) [Entered: 04/16/2021 03:06 PM]

#43

(#43) Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12027080] (BG) [Entered: 03/08/2021 09:18 AM]

#32

No Description Available

#31

No Description Available

#30

No Description Available

#29

No Description Available

#21

No Description Available

#14

No Description Available

#13

No Description Available

#10

(#10) 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. [11688107] (CL) [Entered: 05/12/2020 11:37 AM]

#8

(#8) MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 03/26/2020, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11627245] (CL) [Entered: 03/12/2020 09:45 AM]

#6

(#6) Filed (ECF) Appellee Target Corporation Mediation Questionnaire. Date of service: 03/05/2020. [11619832] [20-55206] (Chow, Teresa) [Entered: 03/05/2020 03:39 PM]

#3

(#3) Filed (ECF) Appellee Stephen Michael Lobbin Mediation Questionnaire. Date of service: 03/04/2020. [11618689] [20-55206] (Lobbin, Stephen) [Entered: 03/04/2020 06:21 PM]

1 #5

Mediaiton Questionnaire

1 #4

Mediation Letter

21 More Documents Available

 

Docket Entries

  • 05/25/2021
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  • Docket(#47) Filed order MEDIATION (SJS): In an order filed March 9, 2021, a panel referred this matter to mediation. Mediation efforts have been exhausted. Accordingly, this case is released from the Mediation Program. [12124568] (AF) [Entered: 05/25/2021 04:46 PM]

    Read MoreRead Less
  • 04/29/2021
  • View Court Documents
  • Docket(#46) Filed order MEDIATION (SJS): A video mediation will be held on May 20, 2021, at 10:00 a.m. Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. Mediation statements shall be submitted to the Circuit Mediator via e-mail [steven_saltiel@ca9.uscourts.gov] on or before May 13, 2021 by 12:00 p.m. (Noon)..... Mediation statements shall not be filed with the court. (SEE ORDER FOR FULL TEXT) [12097157] (AF) [Entered: 04/29/2021 02:28 PM]

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  • 04/16/2021
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  • Docket(#45) Filed order MEDIATION (CL): This case has been referred to the Ninth Circuit Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a dial-in telephone conference at the date and time indicated above. Each participant on the attached list will receive an email with dial-in information. If there are any changes or additions to the list, please notify the Mediation Office at mediation@ca9.uscourts.gov. Also, please notify Circuit Mediator Steven Saltiel immediately by email (steven_saltiel@ca9.uscourts.gov) if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All communications should include the Ninth Circuit case name and number in the subject line. All discussions that take place in the context of the conference are confidential. See Cir. R. 33-1. For more detailed information about the Mediation Program and its procedures generally, please see the Mediation Program web site: www.ca9.uscourts.gov/mediation. (Date: April 23, 2021 Time: 11:00 a.m. Pacific Time) (SEE ORDER FOR FULL TEXT) [12077725] (AF) [Entered: 04/16/2021 03:06 PM]

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  • 03/09/2021
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  • Docket(#44) Filed order (ANDREW J. KLEINFELD, CONSUELO M. CALLAHAN and STEPHEN A. HIGGINSON): After reviewing the briefing and conducting oral argument on March 5, 2021, the Court is of the opinion that this case may be amenable to settlement through mediation. The case is referred to the Office of the Circuit Mediator for mediation. Submission is vacated and this case shall be held in abeyance pending further order of the Court. The Circuit Mediator will contact the parties to schedule mediation and shall provide a status report to the panel within sixty (60) days following the entry of this order and every sixty (60) days thereafter if the mediator determines that settlement efforts may be fruitful. IT IS SO ORDERED. [12029846] (AF) [Entered: 03/09/2021 03:24 PM]

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  • 03/08/2021
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  • Docket(#43) Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12027080] (BG) [Entered: 03/08/2021 09:18 AM]

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  • 03/05/2021
  • Docket(#42) ARGUED AND SUBMITTED TO ANDREW J. KLEINFELD, CONSUELO M. CALLAHAN and STEPHEN A. HIGGINSON. [12026659] (BG) [Entered: 03/05/2021 04:37 PM]

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  • 12/23/2020
  • Docket(#41) Filed (ECF) Acknowledgment of hearing notice by Attorney John Letchinger for Appellee Target Corporation. Hearing in Pasadena on 03/05/2021 at 11:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/23/2020. [11937827] [20-55206] (Letchinger, John) [Entered: 12/23/2020 08:35 AM]

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  • 12/22/2020
  • Docket(#40) Filed (ECF) Acknowledgment of hearing notice by Attorney Edward F. O'Connor, Esquire for Appellant The Eclipse Group LLP. Hearing in Pasadena on 03/05/2021 at 11:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/22/2020. [11936952] [20-55206] (O'Connor, Edward) [Entered: 12/22/2020 01:26 PM]

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  • 12/22/2020
  • Docket(#39) Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Stephen M. Lobbin, Esquire for - Stephen Michael Lobbin. Hearing in Pasadena on 03/05/2021 at 11:00 A.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/22/2020. [11936754] [20-55206] (Lobbin, Stephen) [Entered: 12/22/2020 11:55 AM]

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  • 12/20/2020
  • Docket(#38) Notice of Oral Argument on Friday, March 5, 2021 - 11:00 A.M. - Courtroom 2 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. 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, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. 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 21 days before Friday, March 5, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11933873]. [20-55206] (AW) [Entered: 12/20/2020 06:13 AM]

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27 More Docket Entries
  • 05/12/2020
  • View Court Documents
  • Docket(#10) 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. [11688107] (CL) [Entered: 05/12/2020 11:37 AM]

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  • 03/31/2020
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  • Docket(#9) Filed order MEDIATION (SJS): A dial-in telephone conference with counsel for Plaintiff-Appellant and Intervenor-Plaintiff-Appellee only will be held on April 22, 2020, at 11:00 a.m. Pacific Time. Each participant will receive an email with dial-in information. A dial-in telephone conference with counsel for Defendants-Appellees only will be held on April 22, 2020, at 2:00 p.m. Pacific Time. Each participant will receive an email with dial-in information. Please notify the Mediation Office at mediation@ca9.uscourts.gov if counsel does not receive an email or if additional participants should be added. [11647932] (AF) [Entered: 03/31/2020 05:34 PM]

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  • 03/12/2020
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  • Docket(#8) MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 03/26/2020, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11627245] (CL) [Entered: 03/12/2020 09:45 AM]

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  • 03/05/2020
  • Docket(#7) The Mediation Questionnaire for this case was filed on 03/05/2020. 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.[11620119]. [20-55206] (AD) [Entered: 03/05/2020 06:44 PM]

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  • 03/05/2020
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  • Docket(#6) Filed (ECF) Appellee Target Corporation Mediation Questionnaire. Date of service: 03/05/2020. [11619832] [20-55206] (Chow, Teresa) [Entered: 03/05/2020 03:39 PM]

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  • 03/04/2020
  • Docket(#5) The Mediation Questionnaire for this case was filed on 03/04/2020. 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.[11618711]. [20-55206] (AD) [Entered: 03/04/2020 06:45 PM]

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  • 03/04/2020
  • Docket(#4) The Mediation Questionnaire for this case was filed on 03/04/2020. 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.[11618709]. [20-55206] (AD) [Entered: 03/04/2020 06:44 PM]

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  • 03/04/2020
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  • Docket(#3) Filed (ECF) Appellee Stephen Michael Lobbin Mediation Questionnaire. Date of service: 03/04/2020. [11618689] [20-55206] (Lobbin, Stephen) [Entered: 03/04/2020 06:21 PM]

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  • 03/04/2020
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  • Docket(#2) Filed (ECF) Appellant The Eclipse Group LLP Mediation Questionnaire. Date of service: 03/04/2020. [11618536] [20-55206] (O'Connor, Edward) [Entered: 03/04/2020 04:11 PM]

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  • 02/26/2020
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  • Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant The Eclipse Group LLP Mediation Questionnaire due on 03/04/2020. Transcript ordered by 03/30/2020. Transcript due 04/28/2020. Appellant The Eclipse Group LLP opening brief due 06/08/2020. Appellees Fingerhut Direct Marketing, Inc., Kmart Corporation, Stephen Michael Lobbin, Menard, Inc. and Target Corporation answering brief due 07/08/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11609885] (RT) [Entered: 02/26/2020 02:19 PM]

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