This case was last updated from PACER on 06/27/2016 at 07:20:31 (UTC).

Brent Nicholson, et al v. Thrifty Payless Inc, et al

Case Summary

On 03/09/2015 Brent Nicholson filed a Contract - Other Contract lawsuit against Thrifty Payless Inc. 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:

    15-35180

  • Filing Date:

    03/09/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. Courts Of Appeals

  • Courthouse:

    U.S. Court Of Appeals, Ninth Circuit

 

Party Details

Plaintiff

Brent Nicholson

Defendant

Thrifty Payless Inc

 

Court Documents

#11

(#11) Received copy of amended notice of appeal from district court. [9498658] [15-35180, 15-35242] (KM) [Entered: 04/16/2015 02:24 PM]

#14

(#14) Received copy of 2nd amended notice of appeal from district court. [9522385] [15-35180, 15-35242] (KM) [Entered: 05/01/2015 12:45 PM]

#15

(#15) Received copy of amended notice of cross appeal from district court. [9542906] [15-35242, 15-35180] (KM) [Entered: 05/19/2015 02:23 PM]

#1

(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/16/2015. Transcript ordered by 04/06/2015. Transcript due 05/05/2015. Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, NMP Concord II LLC, Brent Nicholson, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC opening brief due 06/15/2015. Appellees Rite Aid Corporation and Thrifty Payless Inc answering brief due 07/14/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9450552] (KM) [Entered: 03/09/2015 04:27 PM]

#2

(#2) Filed (ECF) Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, Brent Nicholson, NMP Concord II LLC, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC Mediation Questionnaire. Date of service: 03/16/2015. [9459102] [15-35180] (JMT) [Entered: 03/16/2015 02:48 PM]

#3

(#3) Filed clerk order: (AC) The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 5 days after the district courts ruling on the pending motion, appellants shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellants must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [9460234] (DEV) [Entered: 03/17/2015 10:49 AM]

#4

(#4) Filed (ECF) Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, Brent Nicholson, NMP Concord II LLC, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC Correspondence: Appellants advise that they intend to continue to prosecute this appeal.. Date of service: 03/23/2015 [9467787] [15-35180] (MR) [Entered: 03/23/2015 01:53 PM]

#5

(#5) MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 04/15/2015, 1:00 p.m. PACIFIC Time. The Circuit Mediator will initiate the conference call by contacting each person on the attached list. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediator by email at least 72 hours in advance of the scheduled call of any corrections to the list.... [9468477] (LW) [Entered: 03/23/2015 04:48 PM]

#6

(#6) Filed (ECF) notice of appearance of Susannah C. Carr for Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, Brent Nicholson, NMP Concord II LLC, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC. Date of service: 03/27/2015. [9475110] [15-35180] (SCC) [Entered: 03/27/2015 02:14 PM]

8 #5

Docketing Letter

8 #4

XAP memo

8 #3

MQ

8 #2

letter

#9

(#9) Filed order MEDIATION (CG):The conference previously scheduled for April 15, 2015, is canceled. This case is not selected for inclusion in the mediation program. Counsel are requested to contact the mediator should circumstances develop that might warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [9481600] [15-35180, 15-35242] (KM) [Entered: 04/02/2015 10:44 AM]

#10

(#10) Filed order MEDIATION (CG):The order filed April 2, 2015, is vacated. The conference previously scheduled for April 15, 2015, is canceled. This case is not selected for inclusion in the mediation program. Counsel are requested to contact the mediator should circumstances develop that might warrant further settlement discussions.[9481806] [15-35180, 15-35242] (KM) [Entered: 04/02/2015 11:55 AM]

#12

(#12) Filed clerk order (Deputy Clerk: AC): The record and the response to this courts March 17, 2015 order in appeal No. 15-35180 reflect that the district court has denied the post-judgment motion and that an amended notice of appeal has been filed to include the order denying the post-judgment motion. Accordingly, the notice of appeal is so amended and briefing resumes. If the parties have not already done so, within 10 days after the date of this order, each party shall designate any reporters transcripts or serve on the opposing party or parties a statement indicating that it does not intend to order any transcripts. See 9th Cir. R. 10-3.1(a). If the parties designate transcripts, the transcripts will be due June 1, 2015. The following briefing schedule governs these cross-appeals: the first brief on cross-appeal is due July 13, 2015; the second brief on cross-appeal is due August 12, 2015; the third brief on cross-appeal is due September 11, 2015; and the optional cross-appeal reply brief is due within 14 days after service of the third brief on cross-appeal. [9505898] [15-35180, 15-35242] (SM) [Entered: 04/23/2015 08:59 AM]

#13

(#13) Filed (ECF) Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, Brent Nicholson, NMP Concord II LLC, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC in 15-35180 Correspondence: Notice of outstanding motion in district court. Date of service: 04/23/2015 [9507097] [15-35180, 15-35242] (SCC) [Entered: 04/23/2015 03:50 PM]

7 More Documents Available

 

Docket Entries

  • 05/19/2015
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  • (#15) Received copy of amended notice of cross appeal from district court. [9542906] [15-35242, 15-35180] (KM) [Entered: 05/19/2015 02:23 PM]

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  • 05/01/2015
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  • (#14) Received copy of 2nd amended notice of appeal from district court. [9522385] [15-35180, 15-35242] (KM) [Entered: 05/01/2015 12:45 PM]

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  • 04/23/2015
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  • (#13) Filed (ECF) Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, Brent Nicholson, NMP Concord II LLC, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC in 15-35180 Correspondence: Notice of outstanding motion in district court. Date of service: 04/23/2015 [9507097] [15-35180, 15-35242] (SCC) [Entered: 04/23/2015 03:50 PM]

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  • 04/23/2015
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  • (#12) Filed clerk order (Deputy Clerk: AC): The record and the response to this courts March 17, 2015 order in appeal No. 15-35180 reflect that the district court has denied the post-judgment motion and that an amended notice of appeal has been filed to include the order denying the post-judgment motion. Accordingly, the notice of appeal is so amended and briefing resumes. If the parties have not already done so, within 10 days after the date of this order, each party shall designate any reporters transcripts or serve on the opposing party or parties a statement indicating that it does not intend to order any transcripts. See 9th Cir. R. 10-3.1(a). If the parties designate transcripts, the transcripts will be due June 1, 2015. The following briefing schedule governs these cross-appeals: the first brief on cross-appeal is due July 13, 2015; the second brief on cross-appeal is due August 12, 2015; the third brief on cross-appeal is due September 11, 2015; and the optional cross-appeal reply brief is due within 14 days after service of the third brief on cross-appeal. [9505898] [15-35180, 15-35242] (SM) [Entered: 04/23/2015 08:59 AM]

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  • 04/16/2015
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  • (#11) Received copy of amended notice of appeal from district court. [9498658] [15-35180, 15-35242] (KM) [Entered: 04/16/2015 02:24 PM]

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  • 04/02/2015
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  • (#10) Filed order MEDIATION (CG):The order filed April 2, 2015, is vacated. The conference previously scheduled for April 15, 2015, is canceled. This case is not selected for inclusion in the mediation program. Counsel are requested to contact the mediator should circumstances develop that might warrant further settlement discussions.[9481806] [15-35180, 15-35242] (KM) [Entered: 04/02/2015 11:55 AM]

    Read MoreRead Less
  • 04/02/2015
  • View Court Documents
  • (#9) Filed order MEDIATION (CG):The conference previously scheduled for April 15, 2015, is canceled. This case is not selected for inclusion in the mediation program. Counsel are requested to contact the mediator should circumstances develop that might warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [9481600] [15-35180, 15-35242] (KM) [Entered: 04/02/2015 10:44 AM]

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  • 03/31/2015
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  • (#8) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. Briefing stayed per order on 03/17/2015 dkt #3 in 15-35180. [9478842] [15-35242, 15-35180] (KM) [Entered: 03/31/2015 01:44 PM]

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  • 03/27/2015
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  • (#6) Filed (ECF) notice of appearance of Susannah C. Carr for Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, Brent Nicholson, NMP Concord II LLC, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC. Date of service: 03/27/2015. [9475110] [15-35180] (SCC) [Entered: 03/27/2015 02:14 PM]

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  • 03/23/2015
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  • (#5) MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 04/15/2015, 1:00 p.m. PACIFIC Time. The Circuit Mediator will initiate the conference call by contacting each person on the attached list. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediator by email at least 72 hours in advance of the scheduled call of any corrections to the list.... [9468477] (LW) [Entered: 03/23/2015 04:48 PM]

    Read MoreRead Less
  • 03/23/2015
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  • (#4) Filed (ECF) Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, Brent Nicholson, NMP Concord II LLC, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC Correspondence: Appellants advise that they intend to continue to prosecute this appeal.. Date of service: 03/23/2015 [9467787] [15-35180] (MR) [Entered: 03/23/2015 01:53 PM]

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  • 03/17/2015
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  • (#3) Filed clerk order: (AC) The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 5 days after the district courts ruling on the pending motion, appellants shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellants must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [9460234] (DEV) [Entered: 03/17/2015 10:49 AM]

    Read MoreRead Less
  • 03/16/2015
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  • (#2) Filed (ECF) Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, Brent Nicholson, NMP Concord II LLC, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC Mediation Questionnaire. Date of service: 03/16/2015. [9459102] [15-35180] (JMT) [Entered: 03/16/2015 02:48 PM]

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  • 03/09/2015
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  • (#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/16/2015. Transcript ordered by 04/06/2015. Transcript due 05/05/2015. Appellants Full to the Brem, LLC, High Ho Silver-Dale, LLC, Holy Rose, LLC, NMP Concord II LLC, Brent Nicholson, No One to Blaine, LLC, Oakley Dokley, LLC, Poulsbo Holdings, LLC, San Pablo Cruise, LLC, Sunnyboy, LLC, The Right Angeles, LLC and Whateverett, LLC opening brief due 06/15/2015. Appellees Rite Aid Corporation and Thrifty Payless Inc answering brief due 07/14/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9450552] (KM) [Entered: 03/09/2015 04:27 PM]

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