John Branca Objecttion to HTWF Motion to Withdraw Counsel and Extend Time | Brief (Law) | Appeal

LTNITED STATES COURT OF APPEALS

FOR TI{E 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, [NTC.,
P lainti ffs/App el I ee s,
VS.
FIEAL TI-IE WORLD
F OUNDATION, California
corporation and UNITED FLEET, a
California corporation,
Defendants/App el I ants.
Case Number(s):
I I -5 6926, | | -57 048 (Consolidated)
C.D. No. 2:09-cv-07084-DMG
Central District of California,
Los Angeles
APPELLEES'RESPONSE
TO
APPELLANTS'MOTION
TO
WITHDRAW
AS COUNSEL OF
RECORD AND REQUEST TO
EXTEI\D TIME IN ORDER TO
OBTAIN SUBSTITUTE
COUNSEL
LA 130,453,978 v 1
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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, and Triumph International, Inc. respectfully request that the Court
consider the facts set forth in the concurrently f,rled Declaration of Nina D.
Boyajian in ruling on Defendants-Appellants Heal the World Foundation and
Ijnited Fleet's Motion to Withdraw as Counsel of Record and Request to
Extend Time in Order to Obtain Substitute Counsel.
Dated: August 29,2012 GREENBERG
TRAURIG, LLP
By: /S/ NINA D. BOYAJIAN
NINA D. BOYAJIAN
GREENBERG TRAURIG, LLP
vrNcENT H. CHIEFFO
(SBN 49069)
E-Mail: ChieffoV@gtlaw.com
NrNA D. BOYAJIAN
(SBN 2464ts)
E-Mail : Boyaj ianN
@g¡Law.com
1840 Century Park East, Suite 1900
Los Angeles, 90067 -2I0I
Tel: 3 l0-586-7700Æax: 3 10-586-7800
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.
LA 130,453,978 v 1
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Certificate of Compliance Pursuant to 9th Circuit Rules 28-4129-
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 brief s type size and type face comply with Fed. R. App. P.
32(a)(s) and (6).
Dated: August 29,2012 GREENBERG TRAURIG, LLP
Bv: /S/ NINA D. BOYAJIAN
NINA D. BOYAJIAN
GREENBERG TRAURIG, LLP
VINCENT H. CHIEFFO
(SBN 49069)
E-Mail : ChieffoV
@gtlaw.com
NrNA D. BOYAJIAN
(SBN 2464rs)
E-Mail: Boyaj ianN
@g¡Iaw.com
1840 Century Park East, Suite 1900
Los Angeles, 90067 -2101
Tel: 3 I0-586-7700/Fax: 3 10-586-7800
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.
LA 130,453,978 v 1
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9th Circuit Case
Number(s)
ll-56926, ll-57 048 (Consolidated)
**{<**:fi**{<*{<{<****<*rÉ{<******t<****{<{<**<****{<**{<***{<**<********{<*ìk***
CERTIFICATE OF SERVICE
All Case Participants are Registered for the Appellate CMIECF
System
I hereby certi$r that I electronically fîled the foregoing APPELLEES'
RESPONSE TO APPELLANTS' MOTION TO EXTEND TIME TO FILE
BzuEF with the Clerk of the Court for the United States Court of Appeals for
the Ninth Circuit by using the appellate CMÆCF system on August29.2012.
I certiff that all participants in the case are registered CÌ\{/ECF users
and that service will be accomplished by the appellate CMÆCF system to the
following party(ies):
Jeremy D. Eveland, Esq.
Eveland & Associates
8833 South Redwood Road, Suite C
'West
Jordan, UT 84088
Tel: 801-67 6-5506; Fax: 801-676-5508
Email :
jar
ed@evelandlawfìffn. com
Counsõt
þ,
ñuftundonts-Appellants Heal the World Foundatíon and United
Fleet
Signature
/s/ Nina D. Boyajian
LA 130,453,978 v 1
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L]NITED STATES COI]RT OF APPEALS
FOR TFIE 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, [NTC.,
Plaintifß/Appellees,
VS.
FIEAL THE WORLD
FOUNDATION, Californi a
corporation and UNITED FLEET, a
California corporation,
Defendants/Appe 11 ants.
Case Number(s):
I I -5 6926, I 7 -57 048 (Consolidated)
C.D. No. 2:09-cv-07084-DMG
Central District of California,
Los Angeles
DECLARATION OF NINA D.
BOYAJIAN IN SUPPORT OF
APPELLEES' RESPONSE TO
APPELLANTS' MOTION TO
\ryITHDRAW AS COUNSEL OF
RECORD AND REQUEST TO
EXTEND TIME IN ORDER TO
OBTAIN SUBSTITUTE
COTINSEL
LA 130,453,987 v 1
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DECLARATTON OF IUNA D. BOYAJIAN
I, Nina D. Boyajian, declare and state:
1. I am an associate with the law firm of Greenberg Traurig, LLP,
counsel of record for Plaintiffs-Appellees John G. Branca and John McClain,
Co-Executors of the Estate of Michael J. Jackson
("Estate") and Triumph
International, Inc. (collectively, "Appellees").
I am licensed to practice law in
the State of California and before this Court. I have personal knowledge of
the facts set forth in this Declaration and, if called and sworn as a witness, I
could and would testi$r competently with respect thereto. I submit this
Declaration in support of Appellee's response to Defendants-Appellants
Heal
the V/orld Foundation and United Fleet's ("Appellants") Motion to Withdraw
as Counsel of Record and Request to Extend Time in Order to Obtain
Substitute Counsel.
2. On March 23,2010, Appellants' former counsel in the trial court,
Newman & Newman, filed a motion to withdraw as attorney of record, citing
non-payment of fees as the reason for withdrawal. The motion was granted
on May 10, 2010.
3. On July lg,2OI0, the cohen I.P. Law Group, P.C. appeared on
behalf of Appellants in the trial court.
LA 130,453,987 v 1
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4. On Octob er 4,2010, the Cohen I.P. Law Group, P.C. filed a
motion to withdraw as counsel, citing non-payment of fees as the reason for
withdrawal.
5. On November 1
,2010,
the Law offices of Edgar B. Pease III
appeared on behalf of Appellants in the trial court.
6. On May 16,2011, Mr. Pease requested to withdraw as counsel
for Appellants.
7. On May 3I,201,1, the Law Office of Scott Barbag appeared on
behalf of Appellants in the trial court.
8. On Augu st 29, 2011, the law firm of smith campbell clifford
Kearney Gore requested to be substituted as counsel of record for Appellants
in the trial court, and also requested an extension of time to file Appellants'
notice of appeal. Both the request and the extension were granted.
g.
on January 13, 20!2, the law firm of smith campbell clifford
Kearney Gore filed a motion to withdraw as counsel, citing non-payment of
fees as the reason for the withdrawal. See Dkt. 10-2. The order was granted
on January 20,2012. See Dkt. 1 1.
10. on February 8, 2012, current counsel of record, Eveland &
Associates, appeared on behalf of Appellants. See Dkt. t3 .
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1 1. On May 23, 20l2,}y'rr. Eveland filed a motion to extend the time
to file Appellants' opening brief, which was then due on June 1
,2012.
See
Dkt. 17-2. \4r. Eveland cited difficulties in obtaining the transcript as the
primary reason for the requested extension.
12. The 90-day extension requested by Mr. Eveland was granted on
June 1I,2012. SeeDkt. 19.
13. On July 25,2012,ill4r. Eveland filed a motion in the district court
requesting that documents be unsealed with respect to Appellants' counsel.
That motion was granted on August 22,2012.
14. Mr. Eveland filed the current motion to withdraw as counsel on
August 28,2012, citing non-payment of fees as the reason for the withdrawal.
15. Appellants' opening brief is currently due on August3},20L2.
SeeDl<t. 19.
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I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct and that this Declaration was
executed this 29th day of August, 201,2 at Los Angeles, California.
/S/ I{INA D, BOYAJIAN
NINA D. BOYAJIAN
GREENBERG
TRAURIG, LLP
VTNCENT H. CHIEFFO
(SBN 49069)
E.Mail : ChieffoV
@gtlaw.com
NrNA D. BOYAJIAN
(SBN 2464rs)
E-Mail: Boyaj ianN
@g¡law.com
1840 Century Park East, Suite 1900
Los Angeles, 90067 -2101
Tel: 3 I0-586-7700Æax: 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.
LA 130,453,987 v 1
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9th Circuit Case
Number(s)
ll-56926, ll-57 048 (Consolidated)
***t*******,ß,ß*{<********{<*t<*{c**d({<****{<***:l(***c**<**(d<{<*{<********tF*
CE,RTIFICATE OF' SERVICE
All Case Participants are Registered for the Appellate CMIECF
System
I hereby certif,i that I electronically filed the foregoing
DECLARATION OF'NINA D. BOYAJIAN IN SUPPORT OF APPELLEES'
RESPONSE TO APPELLANTS' MOTION TO EXTENTD TIME TO FILE
BRIEF with the Clerk of the Court for the United States Court of Appeals for
the Ninth Circuit by using the appellate CMÆCF system on Aueust 29.2012.
I certiff that all participants in the case are registered CIvI/ECF users
andthat service will be accomplished by the appellate CIM/ECF system to the
following party(ies):
Jeremy D. Eveland, Esq.
Eveland & Associates
8833 South Redwood Road, Suite C
West Jordan, UT 84088
Tel: 801-67 6-5506; Fax: 801-676-5508
Emai 1 :
j
ar e d@evel andl awfirm. c om
Counsetfor Defendants-Appellants Heal the ï(orld Foundation and United
Fleet
Signature
/s/ Nina D. Boyajian
LA 130,453,987 v I
Case: 11-56926 08/29/2012 ID: 8303856 DktEntry: 21-2 Page: 6 of 6 (10 of 10)

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