2:20-CV-11599
12/23/2020
Disposed - Other Disposed
Intellectual Property - Copyright
John A. Kronstadt
Alka Sagar
Alex Kim
David Schnider
James Artiano
Meldy Rafols
John Hanna
Eniluz Gonzalez
DSRB, LLC
Lisa Sargavakian
Dimitrios Peter Biller
Attorney at LDT Consulting
15113 West Sunset Boulevard Suite 9
Pacific Palisades, CA 90272
Richard Byron Peddie
Attorney at Richard Byron Peddie PC
5051 Euclid Avenue
Boulder, CO 80303-2831
(#64) MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #57 , CCA # 21-55124. The judgment of this Court, entered January 13, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellant. In appeal 21-55069, appellees Jene Park and Thomas Wylde, LLCs bill of costs in the amount of $129.30 is granted. In appeal 21-55124, appellee Thomas Wylde, LLCs bill of costs in the amount of $124.50 is granted. [See USCA Memorandum #63 Appeal No. 21-55124 is DISMISSED; Appeal No. 21-55069 isDISMISSED in part and AFFIRMED in part.](mat) (Entered: 02/04/2022)
(#63) MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #57 filed by Paula Thomas, Thomas Wylde, LLC. CCA # 21-55069 and 21-55124. We AFFIRM the denial of Appellants' motion to disqualify Judge Kronstadt. Appeal No. 21-55124 is DISMISSED; Appeal No. 21-55069 is DISMISSED in part and AFFIRMED in part. (mat) (Entered: 01/13/2022)
(#62) ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #57 filed by Paula Thomas, Thomas Wylde, LLC. CCA # 21-55124. Appellants' unopposed Motion for Judicial Notice, Docket No. 15, filed April 12, 2021, is GRANTED. Appellants unopposed Motion for Judicial Notice of Pleadings, Docket No. 20, filed April 16, 2021, is GRANTED. (lom) (Entered: 12/14/2021)
(#61) ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #57 filed by Paula Thomas, Thomas Wylde, LLC. CCA # 21-55069; 21-55124. 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. Therefore, this case is ordered submitted without oral argument on December 6, 2021, at Pasadena, California. Appellant Thomas Wylde, LLC's Motions for Equal Time at Ninth Circuit Hearing, in both Case Nos. 21-55069 and 21-55124, filed November 16, 2021, are DENIED as moot. (jp) (Entered: 11/24/2021)
Docket(#64) MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #57 , CCA # 21-55124. The judgment of this Court, entered January 13, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellant. In appeal 21-55069, appellees Jene Park and Thomas Wylde, LLCs bill of costs in the amount of $129.30 is granted. In appeal 21-55124, appellee Thomas Wylde, LLCs bill of costs in the amount of $124.50 is granted. [See USCA Memorandum #63 Appeal No. 21-55124 is DISMISSED; Appeal No. 21-55069 isDISMISSED in part and AFFIRMED in part.](mat) (Entered: 02/04/2022)
[-] Read LessDocket(#63) MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #57 filed by Paula Thomas, Thomas Wylde, LLC. CCA # 21-55069 and 21-55124. We AFFIRM the denial of Appellants' motion to disqualify Judge Kronstadt. Appeal No. 21-55124 is DISMISSED; Appeal No. 21-55069 is DISMISSED in part and AFFIRMED in part. (mat) (Entered: 01/13/2022)
[-] Read LessDocket(#62) ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #57 filed by Paula Thomas, Thomas Wylde, LLC. CCA # 21-55124. Appellants' unopposed Motion for Judicial Notice, Docket No. 15, filed April 12, 2021, is GRANTED. Appellants unopposed Motion for Judicial Notice of Pleadings, Docket No. 20, filed April 16, 2021, is GRANTED. (lom) (Entered: 12/14/2021)
[-] Read LessDocket(#61) ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #57 filed by Paula Thomas, Thomas Wylde, LLC. CCA # 21-55069; 21-55124. 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. Therefore, this case is ordered submitted without oral argument on December 6, 2021, at Pasadena, California. Appellant Thomas Wylde, LLC's Motions for Equal Time at Ninth Circuit Hearing, in both Case Nos. 21-55069 and 21-55124, filed November 16, 2021, are DENIED as moot. (jp) (Entered: 11/24/2021)
[-] Read LessDocket(#59) ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #57 filed by Paula Thomas, Thomas Wylde, LLC. CCA # 21-55124. The appeal filed February 12, 2021 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. [See document for all details.] (mat) (Entered: 02/18/2021)
[-] Read LessDocket(#60) FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by plaintiffs Paula Thomas, Thomas Wylde, LLC. Amending Notice of Appeal to 9th Circuit Court of Appeals, #57 Filed On: 2/12/21; Entered On: 2/18/21. (mat) (Entered: 02/19/2021)
[-] Read LessDocket(#58) NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55124 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #57 as to plaintiffs Paula Thomas, Thomas Wylde, LLC. (mat) (Entered: 02/18/2021)
[-] Read LessDocket(#57) NOTICE OF APPEAL to the 9th CCA filed by plaintiffs Paula Thomas, Thomas Wylde, LLC. Appeal of Order on Motion for Temporary Restraining Order, #54 Filed On: 1/13/21; Entered On: 1/14/21; Filing fee $505 paid, receipt number ACACDC-30522291. (mat) (Entered: 02/18/2021)
[-] Read LessDocket(#56) ORDER DENYING Motion to Disqualify Judge John A. Kronstadt. The motion is explicitly based on Plaintiffs' disagreement with prior rulings and the unsupported belief that these rulings demonstrate bias. This does not satisfy the standard for disqualification. The Motion is DENIED by Judge John A. Kronstadt. (jp) (Entered: 02/08/2021)
[-] Read LessDocket(#55) (IN CHAMBERS) ORDER RE PAULA THOMAS' EX PARTE APPLICATION FOR AN ORDER TO LIFT THE STAY AND OTHER RELIEF (FIRST ACTION, DKT. 246) THOMAS WYLDE, LLC'S MOTION FOR COLORADO RIVER STAY OR EXTENSION (SECOND ACTION, DKT. 101 ); KRING AND CHUNG PARTIES' JOINDER (SECOND ACTION, DKT. 102); KF PROFESSIONAL GROUP, INC., NORMAN KO, AND JOSEPH FOSTER'S JOINDER (SECOND ACTION, DKT. 103); KHK CPA PARTIES' JOINDER (SECOND ACTION, DKT. 104); GREENBERG GLUSKER AND ANDREW APFELBERGS'S JOINDER (SECOND ACTION, DKT. 105); SCHNIDER DEFENDANTS' JOINDER (SECOND ACTION, DKT. 106); DESNA INVESTMENTS, LLC, JAMES ARTIANO, PETER BALLAS, PETER W. BALLAS ANDASSOCIATES, LLC... AND ERIC CHOI'S JOINDER (DKT. 107); LAURA HESS'S JOINDER (SECOND ACTION, DKT. 118); JENE PARK'S JOINDER (SECOND ACTION, DKT. 119); DEFENDANT PRESTEMON AND PALLIATIVE'S JOINDER (SECOND ACTION, DKT. 120); DEFENDANT 317 MBP LLC'S JOINDER (SECOND ACTION, DKT. 179) PAULA THOMAS MOTION TO STRIKE UNDER FRCP 12(f) DEFENDANTS MOTION TO STAY THIS LITIGATION (SECOND ACTION, DKT. 126 ) by Judge John A. Kronstadt: The Application is DENIED and the Motion to Stay is GRANTED. The Motion to Strike is DENIED. This Consolidated Action -- including the First Action, Second Action, and Third Action -- is stayed in its entirety, and the matter is placed on the Courts inactive calendar. The parties shall file a joint report each 90 days, beginning on April 21, 2021, regarding the status of the state court proceedings, or within 10 days of the conclusion of those proceedings, whichever is earlier. The joint report shall not exceed eight pages. Upon a review of each joint report, a determination will be made regarding whether to continue the stay, lift the stay, conduct a status conference, or take any other appropriate action. The deadline for Defendants to file a response to the Complaint in the Third Action is continued until 14 days after the stay of the Consolidated Action is lifted. Counsel for Thomas shall serve this Order on all Defendants in the Third Action. Finally, if Plaintiffs seek to amend allegations in an operative complaint, Fed. R. Civ. P. 15 applies. Because the Consolidated Actions are stayed, if Plaintiffs seek to amend, the proper course is to apply to have the stay lifted for the limited purpose of filing an amended complaint, or, if necessary, for the limited purpose of filing a motion for leave to do so. It is not appropriate to file a separate action with an amended complaint. Plaintiffs counsel is also reminded of the admonitions in prior orders as to the appropriate basis for seeking other ex parte relief. (MD JS-6. Case Terminated.) (jp) (Entered: 01/21/2021)
[-] Read LessDocket(#10) EXHIBIT Filed filed by Movant Thomas Wylde, LLC. Volume VIII, Exhibits as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#9) EXHIBIT Filed filed by Movant Thomas Wylde, LLC. Volume VII, Exhibits as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#8) EXHIBIT Filed filed by Movant Thomas Wylde, LLC. Volume VI A, Exhibits as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#7) EXHIBIT Filed filed by Movant Thomas Wylde, LLC. Volume VI as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#6) EXHIBIT Filed filed by Movant Paula Thomas Thomas. Volume V, Exhibits as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#5) EXHIBIT Filed filed by Movant Thomas Wylde, LLC. Volume IV, Exhibits as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#4) EXHIBIT Filed filed by Movant Thomas Wylde, LLC. Volume III, Exhibits as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#3) EXHIBIT Filed filed by Movant Thomas Wylde, LLC. Volume II, Exhibits 15-22 as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#2) EXHIBIT Filed filed by Movant Thomas Wylde, LLC. Volume I of Exhibits 1 -14 as to Complaint (Attorney Civil Case Opening) #1 . (Biller, Dimitrios) (Entered: 12/23/2020)
[-] Read LessDocket(#1) COMPLAINT Receipt No: ACACDC-29685401 - Fee: $402, filed by Thomas Wylde, LLC Thomas Wylde, LLC. (Attorney Dimitrios Peter Biller added to party Thomas Wylde, LLC(pty:bkmov))(Biller, Dimitrios) (Entered: 12/23/2020)
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