LA 130,687,320 v 1

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN G. BRANCA, Special
Administrator of the Estate of Michael
J. Jackson; JOHN MCCLAIN, Special
Administrator of the Estate of Michael
J. Jackson; TRIUMPH
INTERNATIONAL, INC.,

Plaintiffs/Appellees,

vs.

HEAL THE WORLD
FOUNDATION, California
corporation and UNITED FLEET, a
California corporation,

Defendants/Appellants.

Case Number(s):
11-56926, 11-57048 (Consolidated)

C.D. No. 2:09-cv-07084-DMG
Central District of California,
Los Angeles

APPELLEES OPPOSITION TO
APPELLANTS UNTIMELY
FOURTH MOTION TO
EXTEND TIME TO FILE
OPENING BRIEF

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I. INTRODUCTION
Appellants now seek their fourth extension of time to file their opening
brief, this time, to March 8, 2013. As Appellees have indicated to the Court in
their prior oppositions to Appellants requests for extension of time, the parties
advised the district court of their settlement of this dispute on April 19, 2011,
nearly two years prior to the date by which Appellants now request to file their
opening brief. Indeed the current request for additional time would provide
Appellants an extension that would extend their due date beyond that requested
by their last request, which was only partially granted by this Court.
Appellants should not be permitted any further allowances by this
untimely and improper motion, and this meritless appeal should be dismissed
pursuant to Circuit Rule 42-1.
II. ARGUMENT
A. Appellants Have Not Provided A Valid Reason For Their Failure To
Comply With The Courts Rules And Orders.
None of Appellants excuses for failing to comply with the Courts orders
warrants granting a further extension of time to file the opening brief.
Appellants offer the following reason for their request to further extend
the deadline to file the opening brief: many documents, particularly sealed
records, have not yet been acquired from former counsel, the president of an

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appealing party (who just had a baby), or the court files. Dkt. 29 at 1:28-2:2.
First, Appellants were served with all documents filed in this action, including
those that were filed under seal pursuant to court order. Indeed, Appellants
attached to their November 1, 2011 Notice of Appeal three of the sealed
documents at issue, the June 27, 2011 Order, the October 27, 2011 Amended
Judgment, and the October 27, 2012 Order denying Appellants Motion for
Relief from Judgment. Second, Appellants prior counsel moved the district
court to unseal the documents with respect to Appellants counsel, and that order
was granted on August 22, 2012 -- over four months ago. Boyajian Declaration
in support of prior request for extension (Dkt. 27-2), 20. Appellants have thus
failed to show the diligence and substantial need required by Circuit Rule 31-
2.2(b).
While Appellees are sympathetic to Appellants counsels situation
concerning his mother, he has had ample opportunity to prepare the opening
brief prior to his mothers emergency health treatment. Additionally, he likely
knew, before his mothers recent illness that he would be requesting an
additional extension of time, and therefore has no valid excuse for failing to
timely file this request at least seven days prior to the January 7, 2013 due date.
Circuit Rule 31-2.2(b).

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Thus there is no justifiable basis to grant Appellants yet another extension
of time to file the opening brief.
B. This Appeal Should Be Dismissed Pursuant To Circuit Rule 42-1.
Based on the facts set forth above, and the record on this appeal, the Court
should, respectfully, dismiss this appeal for failure to prosecute. Circuit Rule
42-1 provides that [w]hen an appellant fails to file a timely recordfile a
timely brief, or otherwise comply with rules requiring processing the appeal for
hearing, an order may be entered by the clerk dismissing the appeal. Circuit
Rule 42-1.
More than 13 months has passed since the filing of this appeal, and
Appellants have yet to file an opening brief. Appellants have also failed to
comply with this Courts orders and rules requiring processing the appeal for
hearing, by neglecting to file an opening brief by the dates ordered by this
Court -- dates that have already been extended several times. Such
circumstances warrant a dismissal.

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III. CONCLUSION
Appellants respectfully urge this Court to deny Appellants fourth motion
to further extend their time to file the opening brief, and dismiss the appeal for
failure to comply with the Courts rules and orders.
Dated: January 10, 2013 GREENBERG TRAURIG, LLP
By: /S/ NINA D. BOYAJIAN
NINA D. BOYAJIAN
GREENBERG TRAURIG, LLP
VINCENT H. CHIEFFO (SBN 49069)
E-Mail: ChieffoV@gtlaw.com
NINA D. BOYAJIAN (SBN 246415)
E-Mail: BoyajianN@gtlaw.com
1840 Century Park East, Suite 1900
Los Angeles, 90067-2121
Tel: 310-586-7700/Fax: 310-586-7800

Attorneys for Plaintiffs-Appellees John
G. Branca, Co-Executor of the Estate of
Michael J. Jackson; John McClain, Co-
Executor of the Estate of Michael J.
Jackson; Triumph International, Inc.

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Certificate of Compliance Pursuant to 9th Circuit Rules 28-4, 29-2(c)(2)
and (3), 32-2 or 32-4
This brief complies with the length limits set forth at Ninth Circuit
Rule 32-4. The briefs type size and type face comply with Fed. R. App. P.
32(a)(5) and (6).
Dated: January 10, 2013 GREENBERG TRAURIG, LLP
By: /S/ NINA D. BOYAJIAN
NINA D. BOYAJIAN
GREENBERG TRAURIG, LLP
VINCENT H. CHIEFFO (SBN 49069)
E-Mail: ChieffoV@gtlaw.com
NINA D. BOYAJIAN (SBN 246415)
E-Mail: BoyajianN@gtlaw.com
1840 Century Park East, Suite 1900
Los Angeles, 90067-2121
Tel: 310-586-7700/Fax: 310-586-7800

Attorneys for Plaintiffs-Appellees John
G. Branca, Co-Executor of the Estate of
Michael J. Jackson; John McClain, Co-
Executor of the Estate of Michael J.
Jackson; Triumph International, Inc.

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9th Circuit Case
Number(s)
11-56926, 11-57048 (Consolidated)
*************************************************************
CERTIFICATE OF SERVICE
All Case Participants are Registered for the Appellate CM/ECF
System
I hereby certify that I electronically filed the foregoing APPELLEES
OPPOSITION TO APPELLANTS UNTIMELY FOURTH MOTION
TO EXTEND TIME TO FILE OPENING BRIEF with the Clerk of the
Court for the United States Court of Appeals for the Ninth Circuit by using
the appellate CM/ECF system on January 10, 2013.
I certify that all participants in the case are registered CM/ECF users
and that service will be accomplished by the appellate CM/ECF system to the
following party(ies):

Gary S. Brown, Esq.
The Law Offices of Gary Brown
1 South Fair Oaks Avenue, Suite 301
Pasadena, CA 91105-1945
Tel: 818-293-0979; Fax: 818-293-0760
Email: garysbrown@ca.rr.com
Counsel for Defendants-Appellants Heal the World Foundation and United
Fleet


Signature
/s/ Nina D. Boyajian