Free Notice of Appeal Notification - District Court of California - California

Case 3:08-cv-01896-PJH

Document 38

Filed 06/03/2008

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UNITED STATES DISTRICT COURT Northern District of California 450 Golden Gate Avenue San Francisco, California 94102

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www.cand.uscourts.gov Richard W. Wieking Clerk General Court Number 415.522.2000

June 3, 2008 Clerk U.S. Court of Appeals For the Ninth Circuit P.O. Box 193939 San Francisco, CA 94119-3939 CASE NUMBER: CV 08-1896 PJH CASE TITLE: Parker v. Moore, et al. USCA Case Number: Dear Sir/Madam: Enclosed is the Notice of Appeal in the above captioned case. Please acknowledge receipt on the enclosed copy of this letter and return it to this office.

Sincerely, RICHARD W. WIEKING, Clerk

by: Felicia Reloba Case Systems Administrator

cc: Counsel of Record

Case 3:08-cv-01896-PJH

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ADRMOP, APPEAL, E-Filing, REFR&R-JCS

U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:08-cv-01896-PJH Internal Use Only

Parker v. Moore et al Assigned to: Hon. Phyllis J. Hamilton Referred to: Magistrate Judge Joseph C. Spero Demand: $75,000 Case in other court: San Francisco County Superior Court, CGC 08473343 Cause: 28:1441 Petition For Removal--Other Contract Plaintiff Nicholas H. Parker an individual

Date Filed: 04/09/2008 Date Terminated: 05/27/2008 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity

represented by J. Neil Gieleghem Gieleghem Law Office 1875 Century Park East Suite 700 Los Angeles, CA 90067 310-284-3252 Fax: 310-284-3253 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Scott Michael Moore an individual represented by Scott Michael Moore Moore International Law Offices, P.C. 45 Rockefeller Plaza Suite 2000 New York, NY 10111 212-332-3474 Fax: 212-332-3475 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Anthony P.X. Bothwell Attorney at Law 350 Bay Street Suite 100 PMB 314

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San Francisco, CA 94133 415-370-9571 Fax: 415-668-6178 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Moore International Law Offices, A Professional Corporation a California corporation represented by Scott Michael Moore (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Anthony P.X. Bothwell (See above for address) ATTORNEY TO BE NOTICED Defendant Moore International Law Offices, A Professional Corporation a business entity, form unknown represented by Scott Michael Moore (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Anthony P.X. Bothwell (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/09/2008

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Docket Text NOTICE OF REMOVAL; No Process from San Francisco County Superior Court. Their case number is CGC 08-473343. (Filing fee $350.00 receipt number 34611017978). Filed by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown). (gba, COURT STAFF) (Filed on 4/9/2008) (Additional attachment(s) added on 4/23/2008: # 1 Notice of Removal-Part Two, # 2 Notice of Removal-Part Three, # 3 Notice of Removal-Part Four, # 4 Notice of Removal-Part Five, # 5 Notice of Removal-Part Six) (far, COURT STAFF). (Entered: 04/11/2008) ADR SCHEDULING ORDER: Case Management Statement due by 7/18/2008. Case Management Conference set for 7/25/2008 01:30 PM. (Attachments: # 1 CMC Standing Order, # 2 JCS Standing Order, # 3 New Standing Order)(gba, COURT STAFF) (Filed on 4/9/2008) (Entered: 04/11/2008) CASE DESIGNATED for Electronic Filing. (gba, COURT STAFF) (Filed on 4/9/2008) (Entered: 04/11/2008) 3 MOTION for Admission of Attorney Scott Michael Moore Pro Hac Vice (Filing fee $ 210.00, receipt number 34611018139) filed by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International

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Law Offices, A Professional Corporation(a business entity, form unknown). (gba, COURT STAFF) (Filed on 4/14/2008) (Entered: 04/16/2008) 04/14/2008 4 Received Order re 3 MOTION for leave to appear in Pro Hac Vice (Filing fee $ 210.00, receipt number 34611018139) by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown). (gba, COURT STAFF) (Filed on 4/14/2008) (gba, COURT STAFF). (Entered: 04/16/2008) MOTION to Dismiss filed by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown). (gba, COURT STAFF) (Filed on 4/14/2008) (Entered: 04/16/2008) MEMORANDUM of Law in Support of 5 MOTION to Dismiss filed by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown). (Related document(s) 5 ) (gba, COURT STAFF) (Filed on 4/14/2008) (Entered: 04/16/2008) CERTIFICATE OF SERVICE by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown) re 4 Received Order, 5 MOTION to Dismiss, 6 Memorandum in Support, 3 MOTION for leave to appear in Pro Hac Vice (Filing fee $ 210.00, receipt number 34611018139) (gba, COURT STAFF) (Filed on 4/14/2008) (Entered: 04/16/2008) CLERK'S NOTICE TO PLAINTIFF AND DEFENDANTS REGARDING CONSENT TO JURISIDICTION OF A UNITED STATES MAGISTRATE JUDGE. Form due by April 24, 2008. (klh, COURT STAFF) (Filed on 4/17/2008) (Additional attachment(s) added on 4/17/2008: # 1 Cert Serve) (klh, COURT STAFF). (Entered: 04/17/2008) ORDER, by Judge Joseph C. Spero, signed 4/17/8, granting 3 Motion for Pro Hac Vice for Scott Michael Moore. (klh, COURT STAFF) (Filed on 4/18/2008) (Additional attachment (s) added on 4/18/2008: # 1 Cert Serve) (klh, COURT STAFF). (Entered: 04/18/2008) Declination to Proceed Before a U.S. Magistrate Judge by Scott Michael Moore. (Moore, Scott) (Filed on 4/23/2008) (Entered: 04/23/2008) Declination to Proceed Before a U.S. Magistrate Judge by Moore International Law Offices, A Professional Corporation(a California corporation). (Moore, Scott) (Filed on 4/23/2008) (Entered: 04/23/2008) Declination to Proceed Before a U.S. Magistrate Judge by Moore International Law Offices, A Professional Corporation(a business entity, form unknown). (Moore, Scott) (Filed on 4/23/2008) (Entered: 04/23/2008) CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klh, COURT STAFF) (Filed on 4/23/2008) (Entered: 04/23/2008) ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Signed by Executive Committee on 4/23/08. (ha, COURT STAFF) (Filed on 4/23/2008) (Entered: 04/23/2008)

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NOTICE of Appearance by Scott Michael Moore (Attachments: # 1 Certificate of Service) (Moore, Scott) (Filed on 4/24/2008) (Entered: 04/24/2008) NOTICE OF HEARING re 5 MOTION to Dismiss filed by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation (a business entity, form unknown). Motion Hearing set for 6/4/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Attachments: # 1 Certificate of Service)(Moore, Scott) (Filed on 4/24/2008) Modified on 4/24/2008 (far, COURT STAFF). (Entered: 04/24/2008) (Court only) ***Motions terminated: 16 NOTICE OF HEARING re 5 MOTION to Dismiss filed by Scott Michael Moore, Moore International Law Offices, A Professional Corporation. (far, COURT STAFF) (Filed on 4/24/2008) (Entered: 04/24/2008) Set/Reset Deadlines as to 5 MOTION to Dismiss. Motion Hearing set for 6/4/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (far, COURT STAFF) (Filed on 4/24/2008) (Entered: 04/24/2008)

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NOTICE OF MOTION AND MOTION to Remand and REQUEST for Just Costs and Actual Expenses (of $9651.29, or additional amount to be determined); MEMORANDUM of Points and Authorities; DECLARATION of Neil Gieleghem filed by Nicholas H. Parker. Motion Hearing set for 6/4/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Attachments: # 1 Exhibits A & B to Motion to Remand)(Gieleghem, J.) (Filed on 4/24/2008) Modified on 4/25/2008 (far, COURT STAFF). (Entered: 04/24/2008) PROPOSED ORDER re 17 Motion to Remand filed by Nicholas H. Parker. (Gieleghem, J.) (Filed on 4/24/2008) Modified on 4/25/2008 (far, COURT STAFF). (Entered: 04/24/2008) (Court only) ***Motions terminated: 18 Proposed Order filed by Nicholas H. Parker. (far, COURT STAFF) (Filed on 4/24/2008) (Entered: 04/25/2008)

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ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Phyllis J. Hamilton on 4/25/08. (nah, COURT STAFF) (Filed on 4/25/2008) (Entered: 04/25/2008) Set Deadlines/Hearings: Initial Case Management Conference set for 7/31/2008 02:30 PM. Case Management Statement due by 7/24/2008. (nah, COURT STAFF) (Filed on 4/25/2008) (Entered: 04/25/2008) (Court only) ***Deadlines terminated. (far, COURT STAFF) (Filed on 4/25/2008) (Entered: 04/28/2008)

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OPPOSITION to 5 MOTION to Dismiss; DECLARATION of Neil Gieleghem filed by Nicholas H. Parker. (Attachments: # 1 Exhibits to Opposition to Motion to Dismiss) (Gieleghem, J.) (Filed on 5/9/2008) Modified on 5/9/2008 (far, COURT STAFF). (Entered: 05/09/2008) OBJECTIONS to Declaration of Scott M. Moore filed by Nicholas H. Parker. (Gieleghem, J.) (Filed on 5/9/2008) Modified on 5/9/2008 (far, COURT STAFF). (Entered: 05/09/2008) OBJECTION to Pro Hac Vice Admission of Scott M. Moore re 9 Order filed by Nicholas H. Parker. (Gieleghem, J.) (Filed on 5/9/2008) Modified on 5/9/2008 (far, COURT STAFF). (Entered: 05/09/2008) OPPOSITION to 17 MOTION to Remand filed by Scott Michael Moore, Moore

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International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown). (Attachments: # 1 Moore to Gieleghem Letter, 21 March 2007, # 2 Declaration of Scott M. Moore, 12 May 2008, # 3 Certificate of Service)(Moore, Scott) (Filed on 5/12/2008) Modified on 5/12/2008 (far, COURT STAFF). (Entered: 05/12/2008) 05/13/2008 05/13/2008 05/13/2008 24 25 REPLY in Support of 17 MOTION to Remand filed by Nicholas H. Parker. (Gieleghem, J.) (Filed on 5/13/2008) Modified on 5/13/2008 (far, COURT STAFF). (Entered: 05/13/2008) ORDER of Reference. Signed by Judge Hamilton on 5/13/2008. (pjhlc2, COURT STAFF) (Filed on 5/13/2008) (Entered: 05/13/2008) CASE REFERRED to Magistrate Judge Magistrate Judge Joseph C. Spero for Report and Recommendation on objection to defenant's pro hac vice status. (wh, COURT STAFF) (Filed on 5/13/2008) (Entered: 05/13/2008) 26 Reply to 20 Opposition re 5 MOTION to Dismiss filed by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown). (Attachments: # 1 Declaration of Scott M. Moore, 20 May 2008, # 2 Eleventh Cir Judgment, No. 05-12499-EE, 25 July 2005, # 3 Eleventh Cir Judgment, No. 05-15231, 8 June 2006, # 4 Certificate of Service)(Moore, Scott) (Filed on 5/20/2008) Modified on 5/20/2008 (far, COURT STAFF). (Entered: 05/20/2008) RESPONSE to 22 Plaintiff's Objections to Pro Hac Vice Status of Scott M. Moore filed by Scott Michael Moore. (Attachments: # 1 Application for Admission of Attorney Pro Hac Vice, # 2 Order Granting Application for Admission of Attorney Pro Hac Vice, # 3 Order of Reference, # 4 Declaration of Scott M. Moore, 20 May 2008, # 5 Moore to Gieleghem Letter, 5 March 2007, # 6 Certificate of Service)(Moore, Scott) (Filed on 5/20/2008) Modified on 5/20/2008 (far, COURT STAFF). (Entered: 05/20/2008) REPLY to 27 Response; DECLARATION of Neil Gieleghem filed by Nicholas H. Parker. (Attachments: # 1 Exhibit)(Gieleghem, J.) (Filed on 5/27/2008) Modified on 5/28/2008 (far, COURT STAFF). (Entered: 05/27/2008) SUPPLEMENTAL AUTHORITY in Support of 20 Reply filed by Nicholas H. Parker. (Attachments: # 1 Supplement)(Related document(s) 20 ) (Gieleghem, J.) (Filed on 5/27/2008) Modified on 5/28/2008 (far, COURT STAFF). (Entered: 05/27/2008) OBJECTIONS to 26 Moore Reply Declaration filed by Nicholas H. Parker. (Related document(s) 26 ) (Gieleghem, J.) (Filed on 5/27/2008) Modified on 5/28/2008 (far, COURT STAFF). (Entered: 05/27/2008) ORDER Overruling Objection To Pro Hac Vice Admission of Scott M. Moore re 22 Brief filed by Nicholas H. Parker, 9 Order on Motion for Pro Hac Vice. Signed by Judge Joseph C. Spero on 5/27/08. (fj, COURT STAFF) (Filed on 5/27/2008) (Entered: 05/27/2008) ORDER by Judge Hamilton Granting 17 Motion to Remand, Denying Fees and Costs, and Vacating Hearing Date (pjhlc2, COURT STAFF) (Filed on 5/27/2008) (Entered: 05/27/2008) (Court only) ***Civil Case Terminated. (far, COURT STAFF) (Filed on 5/27/2008) (Entered: 05/28/2008)

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CLERK'S LETTER to San Francisco Superior Court re remand of case. (Attachments: # 1 Docket Sheet, # 2 Order) (far, COURT STAFF) (Filed on 5/28/2008) (Entered: 05/28/2008) NOTICE OF APPEAL as to 32 Order on Motion to Dismiss, Order on Motion to Remand by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown). Filing fee $ 455, Receipt Number 34611019746. (Attachments: # 1 Receipt)(far, COURT STAFF) (Filed on 6/2/2008) (Entered: 06/03/2008) CERTIFICATE OF SERVICE by Scott Michael Moore, Moore International Law Offices, A Professional Corporation(a California corporation), Moore International Law Offices, A Professional Corporation(a business entity, form unknown) re 34 Notice of Appeal, (far, COURT STAFF) (Filed on 6/2/2008) (Entered: 06/03/2008) Received Document: Acknowledgment of Receipt of docket sheet and remand order from the San Francisco County Superior Court. (far, COURT STAFF) (Filed on 6/2/2008) (Entered: 06/03/2008)

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