Embry v. ACER America Corporation

Filing 247

ORDER REQUESTING ADDITIONAL BRIEFING ON THE STATUS OF APPEALS AT THE NINTH CIRCUIT. Signed by Judge James Ware on 4/26/2012. (kns, COURT STAFF) (Filed on 4/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 09-01808 JW

Kevin Embry,
Plaintiff,

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ORDER REQUESTING ADDITIONAL
BRIEFING ON THE STATUS OF
APPEALS AT THE NINTH CIRCUIT

v.
For the Northern District of California

United States District Court

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ACER America Corp., et al.,
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Defendants.
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On April 24, 2012, the Court issued an Order denying Objector Bandas’ Motion to Reopen

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Case, finding that any error in dismissing Bandas’ appeal was to be resolved by the Ninth Circuit,

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and not by this Court. (hereafter, “April 24 Order,” Docket Item No. 245.) In light of this ruling,

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the Court found that Plaintiff’s Motion to Require Appeal Bond1 and Motion to Conduct Discovery2

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pertaining to the appellate bond were moot for lack of an active appeal. (April 24 Order at 2.)

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Accordingly, the Court denied Plaintiff’s Motions as moot. (Id.)

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Upon review of the docket in this case, the Court is concerned that a number of docketing

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errors may have occurred. Specifically, based on the timing with which the Ninth Circuit dismissed

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Objector Bandas’ appeal, it appears that this dismissal may have intended to dismiss the appeal of

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Objector Cannata instead. Because Plaintiff’s Motion to Require Appeal Bond seeks the

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(Docket Item No. 232.)

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(Docket Item No. 228.)

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requirement of a bond from all Objectors,3 the Court finds that the issue of the bond should not be

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addressed until the issue of which appeals remain active has been settled.

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Accordingly, the Court ORDERS the parties to submit simultaneous briefs on the question of

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which, if any, appeals from Objectors remain active before the Court of Appeals. To allow the

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parties sufficient time to resolve any clerical issues with the Ninth Circuit, such briefs shall be

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submitted on or before May 4, 2012. If the Court finds that any appeals remain active at that time, it

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will reconsider its ruling on Plaintiff’s Motion to Require Appeal Bond. Unless the Court orders

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otherwise, this matter, and any related motions regarding discovery, will be considered submitted for

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decision without oral argument.

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For the Northern District of California

United States District Court

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This matter will not be called on the April 30, 2012 calendar. Thus, Plaintiff’s Notice of
Intent to Appear is stricken as unnecessary.

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Dated: April 26, 2012
JAMES WARE
United States District Chief Judge

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(See Docket Item No. 232 at 4 (contending that the Court should impose an appeal bond on
“objectors Christopher Bandas, Sam Cannata and the Law Offices of Darrell Palmer”).)

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Adam Gutride [e-mail]
Adam Joseph Bedel [e-mail]
Jeffery David McFarland [e-mail]
Joseph Darrell Palmer [e-mail]
Sam Cannata [e-mail]
Seth Adam Safier [e-mail]
Stan Karas [e-mail]
Todd Michael Kennedy [e-mail]

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Dated: April 26, 2012

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Teresa De Martini
Courtroom Deputy