Peli Popovich Hunt et al v. Horwitz Cron and Armstrong LLP et al

Filing 98

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court DENIES Plaintiff's Motion to Supplement the Record on Appeal 93 . Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:12-cv-07866-CAS-RZx

Title

PELI POPOVICH HUNT, ET AL. V HORWITZ, CRON &
ARMSTRONG LLP, ET AL.

Present: The Honorable

Date

February 26, 2014

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers:) MOTION TO SUPPLEMENT RECORD ON
APPEAL (dkt. 93, filed February 7, 2014)

The Court finds this motion appropriate for decision without oral argument. Fed.
R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of March 10, 2014, is
vacated, and the matter is hereby taken under submission.
This action was dismissed on July 8, 2013. Dkt. 84. Plaintiff Peli Popovich Hunt
subsequently appealed this dismissal to the Ninth Circuit Court of Appeals. Dkt. 86.
Plaintiff now moves to supplement the record on appeal. The record on appeal consists
of the original papers and exhibits filed in the district court, the transcript of proceedings,
and a certified copy of the docket entries prepared by the district court clerk. Fed. R.
App. P. 10(a); 9th Cir. R. 10-2. Plaintiff seeks to supplement this record with additional
documents not previously filed with this Court. Rule 10(e), however, “which governs
requests to modify the record on appeal, does not permit the appellant to ‘add to or
enlarge the record on appeal to include material that was not before the district court.’”
Morrison v. Hall, 261 F.3d 896, 900 (9th Cir. 2001) (citing Dorothy W. Nelson, et al.,
Ninth Circuit Civil Appellate Practice, ¶ 4:16 at 4–3 (2001)). Accordingly, the Court
DENIES plaintiff’s motion to supplement the record on appeal.
IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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CMJ

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