Erickson Productions Inc et al v. Kraig R Kast

Filing 198

INTERIM ORDER re 189 MOTION to Alter or Amend Judgment filed by Jim Erickson, Erickson Productions Inc. Erickson brief due by 1/10/2017. Responses due by 1/20/2017. Signed by Magistrate Judge Howard R. Lloyd on 12/22/2016. (hrllc2, COURT STAFF) (Filed on 12/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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ERICKSON PRODUCTIONS INC, et al.,
Plaintiffs,

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Case No.5:13-cv-05472-HRL
INTERIM ORDER RE MOTION TO
ALTER OR AMEND JUDGMENT

v.
KRAIG R. KAST,
Defendant.

Jim Erickson and Erickson Productions, Inc. (collectively, Erickson) move this court to

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alter or amend the judgment to add judgment debtors, including The Black Oak Trust (Trust) and

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one Marielle Baker who have made an appearance before this court. The motion is brought

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pursuant to Fed. R. Civ. P. 69(a), which this court understands is the rule through which a party

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may seek amendment to add judgment debtors. In re Levander, 180 F.3d 1114, 1120-21 (9th

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Cir.1999). What this court would like Erickson to clarify is this court’s jurisdiction to entertain

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their motion where, as here, there is a pending appeal.

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Generally, a timely notice of appeal transfers jurisdiction to the court of appeals with

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respect to all matters involved in the appeal. In re Mirzai, 236 B.R. 8, 10 (9th Cir. 1983). That

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rule is not absolute; and, the district court retains jurisdiction to resolve certain matters while an

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appeal is pending. Id. Nevertheless, [t]he trial court cannot take actions over those aspects of the

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case involved in the appeal.” Id. “The focus is on whether the trial court is being asked to alter

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the status quo with respect to the appeal.” Id. Is Erickson’s Fed. R. Civ. P. 69 motion one of

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those matters which this court properly may address during appeal?

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Erickson shall file a brief addressing this issue by January 10, 2017. To the extent they

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wish to respond, Kast and the Trust/Baker shall file their respective briefs by January 20, 2017.

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All briefs are limited to no more than 10 pages. Meanwhile, briefing on Erickson’s motion to alter

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or amend the judgment will be stayed pending resolution of the threshold question re this court’s

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jurisdiction.

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SO ORDERED.
Dated: December 22, 2016

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United States District Court
Northern District of California

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HOWARD R. LLOYD
United States Magistrate Judge

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5:13-cv-05472-HRL Notice has been electronically mailed to:

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Richard Walter Lund

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Kevin P McCulloch

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Robert K Wright

[e-mail]
[e-mail], [e-mail]

[e-mail]

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5:13-cv-05472-HRL Notice sent by U.S. Mail to:

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Kraig Kast
P.O. Box 4612
Foster City, CA 94404

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United States District Court
Northern District of California

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