MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF lost the Appeal

Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

I think it was the clerk and not the judge that allowed delays. This is appeals court so it's a little bit different in nature.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

^^You mean the clerk was doing all this foolishness? So how about when the judge said no more extensions & then more extensions pop up--we can't blame the clerk for that one.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

^^You mean the clerk was doing all this foolishness? So how about when the judge said no more extensions & then more extensions pop up--we can't blame the clerk for that one.

I checked yes most orders were clerk orders and only one from appellate commissioner. As this is appeal the judges don't get the case until it's fully briefed.
 
Updated info :

Filed clerk order (Deputy Clerk: BJB): Appellants’ Motion to Continue Oral Argument is DENIED. The matter will be heard first on the March 5, 2014 Pasadena calendar. Appellants’ motion to file a late, oversized reply brief [Dkt. No. 59] is GRANTED. The brief is deemed filed as of January 6, 2014. Appellants’ initial motion to file an oversized reply brief [Dkt. No. 58] is DENIED as moot. Appellants’ motion to file an unsealed reply brief [Dkt. No. 48] is DENIED. The clerk is ordered to file Appellants’ reply brief under seal. It is further ordered that all references in the reply brief to pages 778 through 1840 of Appellants’ Excerpts of Record Accompanying Appellants’ Reply Brief Volumes 4 through 7 are stricken. The clerk is also ordered to file Appellants’ Excerpts of Record Accompanying Appellants’ Reply Brief Volumes 1 through 3 with Volumes 2 and 3 under seal. Appellees’ motion to strike the reply brief [Dkt. No. 65] is DENIED except as is provided above. Appellees’ motion to strike pages 778 through 1840 of Appellants’ Excerpts of Record Accompanying Appellants’ Reply Brief Volumes 4 through 7 is GRANTED. Finally, Appellees’ motion for sanctions and to dismiss the appeal is DENIED.


Going line by line to simplify it

Appellants’ Motion to Continue Oral Argument is DENIED. The matter will be heard first on the March 5, 2014 Pasadena calendar. : No delay in the oral arguments.


Appellants’ motion to file a late, oversized reply brief [Dkt. No. 59] is GRANTED. The brief is deemed filed as of January 6, 2014. : Late and oversized reply is accepted.

Appellants’ motion to file an unsealed reply brief [Dkt. No. 48] is DENIED. The clerk is ordered to file Appellants’ reply brief under seal. : The unsealed reply brief gets sealed.

It is further ordered that all references in the reply brief to pages 778 through 1840 of Appellants’ Excerpts of Record Accompanying Appellants’ Reply Brief Volumes 4 through 7 are stricken. The clerk is also ordered to file Appellants’ Excerpts of Record Accompanying Appellants’ Reply Brief Volumes 1 through 3 with Volumes 2 and 3 under seal. Appellees’ motion to strike the reply brief [Dkt. No. 65] is DENIED except as is provided above. Appellees’ motion to strike pages 778 through 1840 of Appellants’ Excerpts of Record Accompanying Appellants’ Reply Brief Volumes 4 through 7 is GRANTED. : Estate's request to strike the reply brief in full is denied but portions of it is stricken. (ivy's note: the stricken portions are the trial exhibits which were never entered into evidence as the trial did not happen)


Finally, Appellees’ motion for sanctions and to dismiss the appeal is DENIED. : Estate's request to dismiss the appeal is denied
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

Thanks Ivy. The matter will be heard first on the March 5, 2014 Pasadena calendar.
 
ivy;3962600 said:
Finally, Appellees’ motion for sanctions and to dismiss the appeal is DENIED. : Estate's request to dismiss the appeal is denied

We will still be reading this case in few years time :bugeyed:
and I don't believe March 5 2014 will happen, something is going to come up:)
 
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Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

Beyond ridiculous now.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

Oral arguments happened and case submitted to the panel.

There's still an active motion asking to allow HTWF to file documents that wasn't part of the initial trial.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

Just to be sure, the oral argument is oral argument, and not oral argument about extension :cheeky:
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

^^Funny and a good one.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

yes this was the actual oral argument.

their extension request was denied.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

Thanks Ivy, what is going to happen next?
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

Thanks Ivy, what is going to happen next?

most probably : wait for months for a decision.

we'll see if they allow the extra documents (not in evidence from the trial) to be added and/or require other oral hearings.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

Judges have denied HWTF's request to file additional documents (not in evidence from the trial). Still waiting for the decision on the appeal.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

Good let's see what else she comes up with now.
 
Re: MJ Estate versus Melissa Johnson and HTWF /Update: Settlement Enforced - HTWF filing Appeal

HTWF has lost their appeal against MJ Estate.

Note : Affirming the decision of the lower court means that the appeals court concluded that no error was committed during the lower court trial and that the lower court's decision stands.

http://www.scribd.com/doc/218275464/HTWF-Appeal-Ruling

[scribd]218275464[/scribd]
 
^^

I would say yes. They could ask for a rehearing/reconsideration or take it to Supreme court. Both of which has very low success rates. Supreme Court for example only considers 1-2% of the cases filed with them, majority will be rejected right of the bat.
 
Good bye Milissa. The court tells another one to Beat It!!!




Charity must be good business the way this woman kept going with this case!!

Next case please...
 
It was a long battle, but in the end we got the right outcome.

Ivy, does Melissa J have to pay the estate attorney costs or other costs?
 
In memory of MJ Estate V Melissa J I am going to delay my response
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