General Docket US Court of Appeals for the Ninth Circuit

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1 U.S. Court of Appeals Docket as of 03/06/2000 Retrieved from the court on 04/06/2006 General Docket US Court of Appeals for the Ninth Circuit Court of Appeals Docket #: Filed: 5/21/98 Nsuit: 3850 SEC (Fed) Howard Gunty Profit v. Quantum Corporation, et al Appeal from: Northern District of California (San Jose) Case type information: 1) civil 2) private 3) Lower court information: District: : CV SW presiding judge: Spencer M. Williams, Senior Judge court reporter: Sara Lerschen, Court Reporter Date Filed: 8/30/96 Date order/judgment: 4/30/98 Date NOA filed: 5/19/98 Fee status: paid Prior cases: None Current cases: None Docket as of March 6, :21 pm Page 1 HOWARD GUNTY PROFIT SHARING, Jules Brody, Esq. on behalf of itself and all (212) others similary situated Plaintiff - Appellant STULL, STULL & BRODY 6 East 45th Street New York, NY Jeffrey W. Lawrence, Esq. FTS Suite 2600 MILBERG WEISS BERSHAD HYNES & LERACH, LLP 100 Pine street San Francisco, CA Richard S. Schiffrin, Esq Suite 400

2 SCHIFFRIN AND CRAIG, LTD. Three Bala Plaza East Bala Cynwyd, PA William S. Lerach, Esq. 619/ Ste Eric A. Isaacson 619/ Suite 1800 Joseph D. Daly, Esq Suite 1800 MILBERG, WEISS, BERSHAD, HYNES AND LERACH LLP One American Plaza 600 West Broadway San Diego, CA v. QUANTUM CORPORATION MICHAEL A. BROWN WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, CA Docket as of March 6, :21 pm Page 2 WILLIAM F. ROACH YOUNG K. SOHN GINA M. BORNINO DEBORAH E. BARBER MARK JACKSON STEVEN C. WHEELWRIGHT

3 Docket as of March 6, :21 pm Page 3 HOWARD GUNTY PROFIT SHARING, on behalf of itself and all others similary situated v. Plaintiff - Appellant QUANTUM CORPORATION; MICHAEL A. BROWN; WILLIAM F. ROACH; YOUNG K. SOHN; GINA M. BORNINO; DEBORAH E. BARBER; MARK JACKSON; STEVEN C. WHEELWRIGHT Defendants - Appellees Docket as of March 6, :21 pm Page 4 5/21/98 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS SENT (Y/N): NO. Setting schedule as follows: appellant's designation of RT is due 5/29/98; appellee's designation of RT is due 6/8/98; appellant shall order transcript by 6/18/98; court reporter shall file transcript in DC by 7/20/98; certificate of record shall be filed by 7/27/98; appellant's opening brief is due 9/4/98; appellees' brief is due 10/5/98; appellants' reply brief is due 10/19/98; [ ] (sm) 5/21/98 Filed Appellant's Representation Statement, served on 05/18/98 (CASEFILE) [ ] (sm) 5/21/98 Filed Joseph D. Daly for Appellant Howard Gunty Profit Civil Appeals Docketing Statement served on 5/18/98 (to CONFATT) [ ] [ ] (sm) 6/18/98 Received Appellant notice of designation of reporter's transcript. [ ] (crw) 6/23/98 Received Appellant notice of designation of reporter's transcript.(addendum) [ ] (crw) 6/25/98 Case rejected from Circuit Mediation Program. (ah) 9/4/98 Filed motion and deputy clerk order :(Deputy Clerk: lkk) Court records do not currently reflect that the dc has issued the COR. Aplt shall monitor the issuance of the certificate. Aplts mtn for extension of time to file the opn br is granted. The opn br is due 9/25/98; the ans br is due 10/26/98. The opt rpy br is due 14 days... ( Motion recvd 8/28/98) [ ] (crw) 9/16/98 Filed certificate of record on appeal RT filed in DC 9/3/98 [ ] (crw)

4 9/28/98 Filed original and 15 copies Appellant Howard Gunty Profit opening brief ( Informal: NO) 44 pages and five excerpts of record in 1 vol; served on 9/25/98 [ ] (crw) 10/7/98 Filed motion of Appellant and deputy clerk order :(Deputy Clerk: lkk) Aplts mtn for leave to file substitute EOR is granted. The EOR received by the court 9/30/98 shall be filed by the clerk. The EOR received 9/28/98 shall be discarded. The remainder of the current br sch shall remain in effect. [ ] [ ] (crw) 10/7/98 Filed Appellant Howard Gunty Profit corrected excerpts of record on appeal in 1 vol. (crw) Docket as of March 6, :21 pm Page 5 10/19/98 Filed motion of aples and deputy clerk order (Deputy Clerk: lkk/pro MO) aples' motion for an extension of time to file the answering brf is granted. [ ] The answering brf is due 11/30/98. The optional rpy brf is due 14 days from service of the answering brf. (Motion recvd 10/9/98) [ ] (jr) 11/30/98 Filed original and 15 copies appellee Quantum Corporation, Michael A. Brown, William F. Roach, Young K. Sohn, Gina M. Bornino, Deborah E. Barber, Mark Jackson, Steven C. Wheelwright's 55 pages brief, 5 Supp. Exc. in 2 vols: ; served on 11/30/98 [ ] (crw) 12/4/98 Filed motion of Aples and deputy clerk order :(Deputy Clerk: cb) Aples mtn for leave to file an appendix is denied. [ ] ( Motion recvd 11/30/98) [ ] (crw) 12/16/98 Filed motion of Appellant and deputy clerk order :(Deputy Clerk: cb) granting motion to extend time to file reply brief [ ] appellants' reply brief due 1/14/99; ( Motion recvd 12/9/98) [ ] (crw) 12/18/98 Filed Quantum Corporation, Michael A. Brown, William F. Roach, Young K. Sohn, Gina M. Bornino, Deborah E. Barber, Mark Jackson, Steven C. Wheelwright motion to reconsider order of the Clerk of Court denying mtn to file appendix [ ] served on 12/18/98 [ ] WIP-PROMO (crw) 1/7/99 Filed order (Appellate Commissioner) Aples mtn for recon of the 12/4/98 order is denied. Aples are informed that the court has access to the dc's dispostions. Aples are further informed that matters not submitted to the dc are not generally considered part of the record. CITE. If aples contend the record on appeal should be supplemented with the press release, a mtn to that effect should be filed. Any mtn to supp and any responsive filings shall be referred to the merits panel for resolution. motion to reconsider order of the Clerk of Court [ ] ( PROMO) [ ] (crw) 1/19/99 Filed original and 15 copies Howard Gunty Profit reply brief, ( Informal: NO ) 27 pages; served on 1/14/99

5 [ ] (crw) 2/3/99 Calendar check performed [ ] (mw) 3/1/99 FILED CERTIFIED RECORD ON APPEAL: 5 CLERKS REC, 4 RTs, 1 Oversize Doc. #53 in Expando (original) [ ] (jas) 3/25/99 Calendar materials being prepared. [ ] [ ] (mw) 3/31/99 CALENDARED: SAN FRAN May :00 am Courtroom 3 [ ] (aw) Docket as of March 6, :21 pm Page 6 5/6/99 Filed Howard Gunty Profit additional citations, served on 5/6/99 PANEL IN SF [ ] (crw) 5/13/99 ARGUED AND SUBMITTED TO Harlington Wood, Alex KOZINSKI, Pamela A. RYMER [ ] (hh) 5/21/99 Filed order ( Harlington Wood, Alex KOZINSKI, Pamela A. RYMER): Submissions is vacated pending further order of the court. [ ] (crw) 6/10/99 Filed Howard Gunty Profit, Quantum Corporation, Michael A. Brown, William F. Roach, Young K. Sohn, Gina M. Bornino, Deborah E. Barber, Mark Jackson, Steven C. Wheelwright stipulation to dismiss, served on 6/9/99 PANEL [ ] (crw) 6/28/99 Order filed granting FRAP 42(b) stipulation [ ] Upon stipulation of the parties, the appeal is dismissed pursuant to Rule 42b of FRAP. Each party shall bear its own costs ( Terminated on the Merits after Oral Hearing; Dismissed/Frivolous; Written, Unsigned, Unpublished. Harlington Wood; Alex KOZINSKI, author; Pamela A. RYMER. ) [ ] (em) 7/20/99 MANDATE ISSUED [ ] (jjf) 3/6/00 RECORD RETURNED. (See control card for details.) (jas) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at

General Docket US Court of Appeals for the Ninth Circuit

1 of 11 7/20/2007 2:46 AM General Docket US Court of Appeals for the Ninth Circuit Court of Appeals Docket #: 98-35723 Filed: 8/4/98 Nsuit: 2440 Other civil rights (USdf) Gorbach, et al, et al v. Reno,