USA v. James Mazzo
15-50058 | U.S. Court of Appeals, Ninth Circuit
Interested in this case?
Request a Demo Track this case, and find millions of cases like it, let us show you how.Filing Date | # | Docket Text |
---|---|---|
1/14/2016 | 57 | MANDATE ISSUED.(SPG, JBR and PJW) [9828322] [15-50033, 15-50058] (Walker, Synitha) [Entered: 01/14/2016 04:05 PM] |
12/22/2015 | 56 | FILED OPINION (SUSAN P. GRABER, JOHNNIE B. RAWLINSON and PAUL J. WATFORD) No. 15-50033-The district court’s grant of the defendants’ motions in limine is REVERSED. No. 15-50058-Mazzo’s appeal from the district court’s order denying his motion to dismiss is DISMISSED for lack of jurisdiction. Judge: JBR Authoring, Judge: PJW Concurring. FILED AND ENTERED JUDGMENT. [9801662] [15-50033, 15-50058]--[COURT UPDATE: replaced opinion, corrected typo in summary. 12/22/2015 by SVG] (MM) [Entered: 12/22/2015 08:56 AM] |
9/1/2015 | 55 | ARGUED AND SUBMITTED TO SUSAN P. GRABER, JOHNNIE B. RAWLINSON and PAUL J. WATFORD. [9668394] [15-50033, 15-50058] (LN) [Entered: 09/01/2015 03:20 PM] |
8/28/2015 | 54 | Filed (ECF) Appellant James V. Mazzo in 15-50058, Appellee James V. Mazzo in 15-50033 Correspondence: Response to Government's Federal Rule of Appellate Procedure 28(j) Letter. Date of service: 08/28/2015 [9664114] [15-50058, 15-50033] (Sloan, Clifford) [Entered: 08/28/2015 12:55 PM] |
8/26/2015 | 53 | Filed (ECF) Appellee USA in 15-50058, Appellant USA in 15-50033 citation of supplemental authorities. Date of service: 08/26/2015. [9662361] [15-50058, 15-50033] (Yohalem, Mark) [Entered: 08/26/2015 05:04 PM] |
8/25/2015 | 52 | Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mark Remy Yohalem, Esquire for Appellant USA in 15-50033, Attorney Mark Remy Yohalem, Esquire for Appellee USA in 15-50058. [9659739] [15-50033, 15-50058] (Yohalem, Mark) [Entered: 08/25/2015 01:31 PM] |
7/27/2015 | 51 | Filed Appellant USA in 15-50033 paper copies of supplemental excerpts of record [40] in 1 volume. (sent to panel) [9623450] [15-50033, 15-50058] (LA) [Entered: 07/27/2015 02:00 PM] |
7/27/2015 | 50 | Received 7 paper copies of Reply brief [40] filed by USA in 15-50033. (sent to panel) [9623422] [15-50033, 15-50058] (SD) [Entered: 07/27/2015 01:55 PM] |
7/23/2015 | 49 | Received 7 paper copies of Reply brief [39] filed by James V. Mazzo (sent to panel). [9620124] [15-50033, 15-50058] (DB) [Entered: 07/23/2015 12:55 PM] |
7/22/2015 | 48 | Filed Appellee USA in 15-50058 paper copies of excerpts of record [28] in 1 volume(s). (sent to panel) [9618336] [15-50033, 15-50058] (LA) [Entered: 07/22/2015 11:13 AM] |
7/22/2015 | 47 | Filed clerk order: The reply brief [40] in 15-50033 submitted by USA is filed. Appellant USA is ordered to file 7 copies of the brief in paper format for delivery to the Clerk's Office within 7 days from the date of this order, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [40] submitted by USA. Appellant USA is ordered to file 4 copies of the excerpts in paper format for delivery to the Clerk's Office within 7 days from the date of this order, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9618270] [15-50033, 15-50058] (LA) [Entered: 07/22/2015 10:44 AM] |
7/22/2015 | 46 | Filed clerk order (Deputy Clerk: WL): The Government’s Unopposed Motion for Leave to File Oversized Consolidated Reply Brief, filed on July 15, 2015, is GRANTED. [9618073] [15-50033, 15-50058] (WL) [Entered: 07/22/2015 09:05 AM] |
7/22/2015 | 45 | Filed clerk order (Deputy Clerk: WL): Defendant-Appellee Douglas V. DeCinces’ Motion to Strike False Statement from the United States of America’s Reply Brief and Request for Evidentiary Sanction, filed on July 16, 2015, are DENIED. [9618067] [15-50033, 15-50058] (WL) [Entered: 07/22/2015 09:04 AM] |
7/20/2015 | 44 | Received 7 paper copies of Answering brief [29] filed by USA (sent to panel). [9615991] [15-50033, 15-50058] (DB) [Entered: 07/20/2015 03:17 PM] |
7/17/2015 | 43 | Filed (ECF) Appellant USA in 15-50033 response opposing motion (motion to strike portion or whole of document). Date of service: 07/17/2015. [9614565] [15-50033, 15-50058] (Cazares, Stephen) [Entered: 07/17/2015 05:19 PM] |
7/16/2015 | 42 | Filed (ECF) Appellee Douglas V. Decinces in 15-50033 Motion to strike portion of False Statement from the United States of America's Reply Brief and Request for Evidentiary Sanction. Date of service: 07/16/2015. [9613205] [15-50033, 15-50058]--[COURT UPDATE: Attached redacted version of declaration. 07/17/2015 by RY] (Mott, Garrett) [Entered: 07/16/2015 08:29 PM] |
7/16/2015 | 41 | Filed clerk order: The reply brief [39] in 15-50058 submitted by James V. Mazzo is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. A review of the docket reflects that the Court has not yet received the paper copies of the answering brief [29] and excerpts of record [28] in 15-50058 filed by USA, as directed by the Court's order filed on July 6, 2015 [34]. If appellee USA has not already done so, appellee shall file 7 paper copies of the brief and 4 paper copies of the excerpts of record for delivery to the Clerk's Office in San Francisco within 7 days from the date of this order. [9612283] [15-50033, 15-50058] (LA) [Entered: 07/16/2015 10:49 AM] |
7/15/2015 | 40 | Submitted (ECF) Reply brief and Supplemental Excerpts of Record for review and filed Motion to file oversized brief. Submitted by Appellant USA in 15-50033. Date of service: 07/15/2015. [9611855] [15-50033, 15-50058] (Cazares, Stephen) [Entered: 07/15/2015 08:15 PM] |
7/15/2015 | 39 | Submitted (ECF) Reply Brief for review. Submitted by Appellant James V. Mazzo in 15-50058, Appellee James V. Mazzo in 15-50033. Date of service: 07/15/2015. [9611829] [15-50058, 15-50033] (Marmaro, Richard) [Entered: 07/15/2015 07:04 PM] |
7/8/2015 | 38 | Received 7 paper copies of Answering brief [30] filed by James V. Mazzo in 15-50033. (sent to panel) [9603026] [15-50033, 15-50058] (SD) [Entered: 07/08/2015 01:59 PM] |
7/8/2015 | 37 | Filed Appellee James V. Mazzo in 15-50033 paper copies of supplemental excerpts of record [30] in 1 volume. (sent to panel) [9602359] [15-50033, 15-50058] (LA) [Entered: 07/08/2015 10:02 AM] |
7/7/2015 | 36 | Received 7 paper copies of Answering brief [32] filed by Douglas V. Decinces. (sent to panel) [9601367] [15-50033, 15-50058] (SD) [Entered: 07/07/2015 02:24 PM] |
7/7/2015 | 35 | Filed Appellee Douglas V. Decinces in 15-50033 paper copies of supplemental excerpts of record [32] in 4 volumes. (sent to panel) [9600618] [15-50033, 15-50058] (LA) [Entered: 07/07/2015 10:36 AM] |
7/6/2015 | 34 | Filed clerk order: The answering brief [29] in 15-50058 submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [28] submitted by USA. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9599570] [15-50033, 15-50058] (LA) [Entered: 07/06/2015 02:49 PM] |
7/2/2015 | 33 | Filed clerk order: The answering brief [32] in 15-50033 submitted by Douglas V. Decinces is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [32] submitted by Douglas V. Decinces. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9597436] [15-50033, 15-50058] (LA) [Entered: 07/02/2015 01:24 PM] |
7/2/2015 | 31 | Filed clerk order: The answering brief [30] in 15-50033 submitted by James V. Mazzo is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [30] submitted by James V. Mazzo. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9597003] [15-50033, 15-50058] (LA) [Entered: 07/02/2015 10:22 AM] |
7/1/2015 | 32 | Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee Douglas V. Decinces. Date of service: 07/01/2015. [9596368] [15-50033] --[COURT UPDATE: Attached corrected brief and excerpts of record. Spread to case 15-50058. 07/02/2015 by TYL] (Mott, Garrett) [Entered: 07/01/2015 04:28 PM] |
7/1/2015 | 30 | Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee James V. Mazzo in 15-50033, Appellant James V. Mazzo in 15-50058. Date of service: 07/01/2015. [9596553] [15-50033, 15-50058] (Marmaro, Richard) [Entered: 07/01/2015 10:58 PM] |
7/1/2015 | 29 | Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 07/01/2015. [9596495] [15-50058]--[COURT UPDATE: Attached corrected brief (cover). Spread docket text to 15-50033. 07/06/2015 by RY] (Cazares, Stephen) [Entered: 07/01/2015 06:31 PM] |
7/1/2015 | 28 | Submitted (ECF) excerpts of record. Submitted by Appellee USA. Date of service: 07/01/2015. [9596432] [15-50058]--[COURT UPDATE: Attached corrected excerpts (cover). Spread docket text to 15-50033. 07/06/2015 by RY] (Cazares, Stephen) [Entered: 07/01/2015 05:05 PM] |
6/29/2015 | 27 | Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Stephen Anthony Cazares for Appellant USA. [9591734] [15-50033] --[COURT UPDATE: Spread to case 15-50058. 06/29/2015 by TYL] (Cazares, Stephen) [Entered: 06/29/2015 12:03 PM] |
6/29/2015 | 26 | Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Stephen Anthony Cazares for Appellee USA. [9591740] [15-50058] --[COURT UPDATE: Spread to case 15-50033. 06/29/2015 by TYL] (Cazares, Stephen) [Entered: 06/29/2015 12:06 PM] |
6/23/2015 | 25 | Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Clifford M. Sloan for Appellant James V. Mazzo. [9584825] [15-50058] (Sloan, Clifford) [Entered: 06/23/2015 02:50 PM] |
6/23/2015 | 24 | Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Garrett M. Mott for Appellee Douglas V. Decinces in 15-50033. [9584446] [15-50033, 15-50058] (Mott, Garrett) [Entered: 06/23/2015 12:46 PM] |
6/23/2015 | 23 | Notice of Oral Argument on Tuesday, September 1, 2015 - 09:00 A.M. - Courtroom 3 - Pasadena CA. View the Oral Argument Calendar for your case here. When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form, complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9584252] [15-50033, 15-50058] (LN) [Entered: 06/23/2015 11:21 AM] |
6/22/2015 | 22 | Added attorney Arunabha Bhoumik for Douglas V. Decinces, in case 15-50033. [9583264] [15-50033, 15-50058] (Walker, Synitha) [Entered: 06/22/2015 03:45 PM] |
6/22/2015 | 21 | Filed (ECF) notice of appearance of Arunabha Bhoumik for Appellee Douglas V. Decinces. Date of service: 06/22/2015. [9582602] [15-50033] --[COURT UPDATE: Spread to case 15-50058. 06/22/2015 by TL] (Bhoumik, Arunabha) [Entered: 06/22/2015 12:13 PM] |
6/12/2015 | 20 | Received 7 paper copies of Opening brief [13] filed by James V. Mazzo. (sent to panel) [9572763] [15-50033, 15-50058] (SD) [Entered: 06/12/2015 01:46 PM] |
6/12/2015 | 19 | Filed Appellant James V. Mazzo in 15-50058 paper copies of excerpts of record [13] in 1 volume(s). (sent to panel) [9572726] [15-50033, 15-50058] (LA) [Entered: 06/12/2015 01:35 PM] |
6/10/2015 | 18 | Received 7 paper copies of Opening brief [14] filed by USA. (Sent to panel) [9569548] [15-50033, 15-50058] (SD) [Entered: 06/10/2015 03:16 PM] |
6/10/2015 | 17 | Filed Appellant USA in 15-50033 paper copies of excerpts of record [14] in 3 volume(s). (sent to panel) [9568682] [15-50033, 15-50058] (LA) [Entered: 06/10/2015 10:16 AM] |
6/5/2015 | 16 | Filed clerk order: The opening brief [13] submitted by James V. Mazzo in 15-50058 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [13] submitted by James V. Mazzo in 15-50058. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9562933] [15-50033, 15-50058] (LA) [Entered: 06/05/2015 09:58 AM] |
6/4/2015 | 15 | Filed clerk order: The opening brief [14] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [14] submitted by USA. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9561571] [15-50033, 15-50058] (KT) [Entered: 06/04/2015 11:17 AM] |
6/3/2015 | 14 | Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant USA. Date of service: 06/03/2015. [9561070] [15-50033] --[COURT UPDATE: Spread to case 15-50058. 06/04/2015 by TL] (Yohalem, Mark) [Entered: 06/03/2015 06:40 PM] |
6/3/2015 | 13 | Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant James V. Mazzo in 15-50058. Date of service: 06/03/2015. [9561084] [15-50058, 15-50033] --[COURT UPDATE: Attached corrected brief. 06/04/2015 by TL] (Marmaro, Richard) [Entered: 06/03/2015 10:14 PM] |
6/1/2015 | 12 | Added attorney Michael McIntosh for James V. Mazzo. [9556982] (JFF) [Entered: 06/01/2015 02:24 PM] |
6/1/2015 | 11 | Filed (ECF) notice of appearance of Michael A. McIntosh for Appellant James V. Mazzo. Date of service: 06/01/2015. [9556957] [15-50058] (McIntosh, Michael) [Entered: 06/01/2015 02:19 PM] |
5/14/2015 | 10 | Added attorney Clifford M. Sloan for James V. Mazzo, in case 15-50058. [9537882] (JFF) [Entered: 05/14/2015 01:55 PM] |
5/14/2015 | 9 | Filed (ECF) notice of appearance of Clifford M. Sloan for Appellant James V. Mazzo. Date of service: 05/14/2015. [9537660] [15-50058] (Sloan, Clifford) [Entered: 05/14/2015 12:24 PM] |
5/11/2015 | 8 | Filed order (Appellate Commissioner): The court’s order dated May 8, 2015 is amended as follows: No motions for extension of time to file briefs will be entertained. These appeals will be calendared the week of August 31, 2015 in Pasadena, California. (MOATT) [9531602] [15-50033, 15-50058] (WL) [Entered: 05/11/2015 09:17 AM] |
5/8/2015 | 7 | Filed order (Appellate Commissioner): Appeal Nos. 15-50033 and 15-50058 are consolidated. Appellant’s request for leave to file a reply brief in Appeal No. 15-50033 is granted. The brief has been filed. The order to show cause in No. 15-50033, dated February 19, 2015, is discharged. The order to show cause in No. 15-50058, dated February 18, 2015, is discharged. The court sua sponte expedites the briefing and hearing of these appeals. Appellants’ opening briefs and excerpts of record in both appeals are due June 3, 2015; appellees’ answering briefs are due July 1, 2015; and the optional reply briefs are due within 14 days after service of the answering briefs. In addition to any other issues the parties may wish to address, the parties shall address in their briefs whether this court properly has jurisdiction over each appeal. (MOATT) [9530057] [15-50033, 15-50058] (WL) [Entered: 05/08/2015 07:51 AM] |
3/17/2015 | 6 | Filed (ECF) Appellee USA reply to response to order to show cause dated 02/18/2015. Date of service: 03/17/2015. [9461088] [15-50058] (Yohalem, Mark) [Entered: 03/17/2015 03:24 PM] |
3/17/2015 | 5 | Added attorney Mark Remy Yohalem for USA. [9461009] (RL) [Entered: 03/17/2015 03:01 PM] |
3/17/2015 | 4 | Filed (ECF) notice of appearance of Mark R. Yohalem for Appellee USA. Date of service: 03/17/2015. [9460999] [15-50058] (Yohalem, Mark) [Entered: 03/17/2015 02:58 PM] |
3/11/2015 | 3 | Filed (ECF) Appellant James V. Mazzo response to order to show cause dated 02/18/2015. Date of service: 03/11/2015. [9454191] [15-50058] (Marmaro, Richard) [Entered: 03/11/2015 10:25 PM] |
2/18/2015 | 2 | Filed clerk order (Deputy Clerk: DJV):A review of the record suggests that this court may lack jurisdiction over the appeal because the district court’s order denying appellant’s motion to dismiss the second superseding indictment as timed barred; motion for reconsideration; motion to dismiss the second superseding indictment for failure to allege any crimes; and denying motion to dismiss counts 39, 1-13, 14-26, entered on the docket on January 23, 2015, is not appealable as a final judgment or an order that comes within the collateral order doctrine. See 28 U.S.C. § 1291; Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989) (stating that finality requirement generally “prohibits appellate review until after conviction and imposition of sentence”). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. Failure to comply with this order may result in the dismissal of the appeal for failure to prosecute. See 9th Cir. R. 42-1. Briefing is suspended pending further order of the court. [9425454] (WL) [Entered: 02/18/2015 03:28 PM] |
2/18/2015 | 1 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: n/a. Transcript ordered by 03/10/2015. Transcript due 05/11/2015. Appellant briefs and excerpts due by 06/22/2015 for James V. Mazzo. Appellee brief due 07/22/2015 for United States of America. Appellant's optional reply brief is due 14 days after service of the answering brief. [9424142] (FB) [Entered: 02/18/2015 09:25 AM] |