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EAGLE BROADBAND v. MOULD; WILLIAMS (H030169)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT

Case No. H030169, notices of appeal filed May 4 and May 8, 2006.

EAGLE BROADBAND, INC.,

Plaintiff, appellant, and cross-respondent,

vs.

THOMAS MOULD,

Defendant and respondent;

RICHARD WILLIAMS,

Defendant and cross-appellant.


This web page is a compilation of information from the web site of the court, with the addition of electronic copies of many of the filed documents that the court does not make available electronically. For more information, see the Eagle.petrofsky.org home page.

This page could very well be out of date at the time you are reading it. For current docket information, please follow this link to the court web site:

http://appellatecases.courtinfo.ca.gov/search/searchResults.cfm?search=number&dist=6&query_caseNumber=H030169

Filed 2007-12-14: Opinion (56 pages)
Reverses the denial of Williams's anti-SLAPP motion, and affirms the granting of Mould's anti-SLAPP motion.


6th Appellate District (link to court's page)


Court data last updated: 01/24/2008 01:05 PM

Case Summary (link to court's page)

Trial Court Case: CV050179
Court of Appeal Case: H030169
Division:
Case Caption: Eagle Broadband, Inc. v. Mould; Williams
Case Type:
Filing Date: 05/08/2006
Oral Argument Date/Time: 09/20/2007   01:30 PM   (Audio recording and partial transcript)

Cross Referenced Cases

H030719 Eagle Broadband, Inc. v. Mould

Court data last updated: 01/24/2008 01:05 PM

Docket (Register of Actions) (link to court's page)

Eagle Broadband, Inc. v. Mould; Williams
Case Number H030169

Date Description Notes
05/10/2006 Notice of appeal lodged/received. Eaglebroadband, Inc. was filed 5/4/06

"NOTICE OF APPEAL ..." (Exhibit A is the "Order re: Special Motion ..." filed on 03/07/2006 in the trial court)
(Rule 1(f)(1) notice to appellant)
05/10/2006 Notice per rule 5.1 - with reporter's transcript.
05/10/2006 Notice of appeal lodged/received. x-appeal of Richwill 21 filed 5/8/06

"NOTICE OF APPEAL ..." (Exhibit A is the "Order re: Special Motion ..." filed on 03/07/2006 in the trial court)
(Rule 1(f)(1) notice to appellant)
05/10/2006 Default notice received-appellant notified per rule 8(a)(1). dtd 5/5/06, deposit for RT
05/16/2006 Notice to reporter to prepare transcript. filed 5/11/06

"Dear Court Reporter: ..."
05/16/2006 Received copy of document filed in trial court Certificate of Compliance filed 5/11/06
05/18/2006 Civil case information statement filed. x-appellant Richard Williams

"CIVIL CASE INFORMATION STATEMENT"
05/18/2006 Civil case information statement filed. By appellant Eagle Broadband

"CIVIL CASE INFORMATION STATEMENT"
05/30/2006 Proposed briefing sequence filed by: Stipulation of counsel (TCT for briefing sequence order)

(Proposed briefing schedule)
06/15/2006 Filed letter from: Atty Clifford dtd 6/14/06 indctng that Atty Gregory Broiles does not rprsnt applt Thomas Mould; He & the Calif. Anti-SLAPP Project rprsnt said applt as well as applt Richard Williams in this appeal
06/29/2006 Notice of completion of transcripts received/filed. Re reporter's tx on appeal

"Dear Counsel: ..."
06/29/2006 Reporter's transcript filed. R-1 (Note: Briefing Sequence Order-event #220)

"REPORTER'S TRANSCRIPT OF PROCEEDINGS"
06/29/2006 Briefing sequence order filed. Parties proposed brfng sequence submtd on 5/30/06, is grtd in part & as fllws: Applts Eagle Broadband & Richard Williams shall file their AOBs & joint appndx or applts' appndx in lieu of clk's tx on appeal on or bfre 8/4/06; Rspdt Thomas Mould shall fle his rspnse brf w/in 30 dys aftr flng of Eagle Broadband's AOB; Eagle Broadband shall fle its response brf to Williams' AOB w/in 30 days after flng of Williams' AOB; Eagle Broadband shall fle its ARB w/in 20 dys after flng of rspdt Mould's response brief; & applt Williams' reply brf shall be fld w/in 20 dys after flng of Eagle Broadband's response brief (CLR)
"BY THE COURT: ..." (signed by Conrad L. Rushing, Presiding Justice)
08/02/2006 Stipulation of extension of time filed to: Attorney: Ratinoff, Jeffrey Party: Eagle Broadband, Inc. (Stip for ext of time to file AAO of all parties to 9/5/06 for AAO of Eagle Broadband & AAO of Mould & Williams - 1st 32-day stip for ext of time to file AAOs)
"STIPULATION FOR EXTENSION OF TIME TO FILE BRIEFS ON APPEAL (Rule 15(b)(1))"
09/05/2006 Joint appendix filed. 3 volumes

"JOINT APPENDIX" (exhibits omitted)
09/05/2006 Appellant's appendix and opening brief filed. Attorney: Savage, Kelly J. Party: Eagle Broadband, Inc. (See Briefing Sequence Order-event #220)

"APPELLANT'S OPENING BRIEF"
09/06/2006 Appellant notified pursuant to rule 17(a)(1). Attorney: Goldowitz, Mark Party: Williams, Richard (Note: AOB of applt Williams was due on 9/5/06-per BSO fld 6/29/06)

(Notice to appellant)
09/22/2006 Appellant's opening brief. Attorney: Goldowitz, Mark Party: Williams, Richard (Note: Timely per rule 40.1 CRC)

"APPELLANT'S OPENING BRIEF"
10/06/2006 Respondent notified pursuant to rule 17(a)(2). Attorney: Goldowitz, Mark Party: Mould, Thomas (Note: Response brf to Eagle Broadband's AOB fld on 9/5/06 per BSO fld on 6/29/06-see event #220)

(Notice to respondent)
10/24/2006 Respondent's brief. Attorney: Goldowitz, Mark Party: Mould, Thomas (Note: Response brief to Eagle's AOB fld on 9/5/06 per BSO fld on 6/29/06-see evenr #220) (Timely per rule 40.1 CRC)
"RESPONDENT'S BRIEF"
10/24/2006 Respondent notified pursuant to rule 17(a)(2). Rspnse brf of Eagle to Williams' AOB fld on 9/22/06 per BSO fld on 6/22/06- see event #220)

(Notice to respondent)
11/07/2006 Respondent's brief. Response brf of Eagle Broadband to Williams' AOB fld on 9/22/06-See BSO fld on 6/22/06-see event #220

"RESPONDENT'S BRIEF"
11/15/2006 Granted - extension of time. Rex to file ARB by Eagle Broadband to 11/22/06-1st; Granted

"[Granted] APPLICATION FOR RELIEF FROM FAILURE TO TIMELY FILE APPELLANT'S REPLY BRIEF AND REQUEST FOR LEAVE TO FILE REPLY BRIEF; DECLARATION OF JEFFREY M. RATINOFF; [Proposed] ORDER"
11/15/2006 Requested - extension of time By The People to 12/21/06 to file amicus curiae brief (TCT for order)

"APPLICATION FOR EXTENSION OF TIME TO DECEMBER 21, 2006 FOR THE ATTORNEY GENERAL TO FILE BRIEF AS AMICUS CURIAE; DECLARATION OF KATHRIN SEARS; PROPOSED ORDER"
11/16/2006 Filed document entitled: Eagle Broadband's statement of non-opposition to the People's rex to file amicus curiae brief (TCT)
11/17/2006 Granted - extension of time. AG grtd until 12/21/06 to file amicus curiae brief (1st); Any responses to AG's amicus curiae brf may be filed w/in 14 days from date of filing of AG's amicus curiae brief (CLR)

"ORDER" (signed by Conrad L. Rushing, Presiding Justice)
11/17/2006 Filed letter from: Atty Khachatourian's Office dtd 11/15/06 rqstng that Kelly Savage's name be deleted from srvce list & that atty Khachatourian's name be added instead
11/21/2006 Granted - extension of time. By applt Williams to 12/12/06 for ARB (1st)

"[Granted] APPLICATION FOR EXTENSION OF TIME TO FILE APPELLANT'S REPLY BRIEF; DECLARATION OF MARK GOLDOWITZ"
11/22/2006 Appellant's reply brief. Note: Eagle's reply brf to Mould's RBF fld on n10/24/06-see BSO filed 6/22/06-event #220

"APPELLANT'S REPLY BRIEF"
11/22/2006 Stipulation filed to: By the parties to correct Volume IV of the Joint Appendix in lieu of Clerk's Transcript on appeal (Note: Signature by Paul Clifford is a fax signature) (TCT)

"STIPULATION CORRECTING JOINT APPENDIX"
11/22/2006 Received document entitled: Corrected Volume IV of Joint Appendix (Note: Missing original signature on prf of srvce) (TCT w/stip for order)
11/22/2006 Voice Mail message for: Michael Tanis re missing original signatures on stip to correct joint appndx & on Volume IV of joint appndx
12/01/2006 Received: Original signature of Paul Clifford on stip correcting joint appndx & original signature of Michael Tanis on prf of srvce re Volume IV of Joint Appendix
12/01/2006 Order filed. The parties's stip crrctng the joint appendix csndrd a stip to augmnt the joint appndx in lieu of clk's tx on appeal fld by the parties on 9/5/06, is grtd; The joint appndx in lieu of clk's tx on appeal is dmd augmntd to inclde Vol Iv of the joint appndx rcvd by the crt on 11/22/06, whch is hereby incrprtd by rfrnce (CLR)

"BY THE COURT: ..." (signed by Conrad L. Rushing, Presiding Justice)
12/01/2006 Filed document entitled: Joint Appendix (Volume IV of IV) (Note: See order-event # 640)

"JOINT APPENDIX (VOLUME IV OF IV)" (exhibits omitted)
12/11/2006 Granted - extension of time. 2nd rex to file ARB by applt Williams

"[Granted] APPLICATION FOR ADDITIONAL EXTENSION OF TIME TO FILE APPELLANT'S REPLY BRIEF; DECLARATION OF MARK GOLDOWITZ"
12/20/2006 Appellant's reply brief. By applt Williams to RBF of Eagle Broadband filed on 11/7/06 - see BSO fld on 9/22/06 - event #220 (Note: Timely per rule 40.1 CRC)
"APPELLANT'S REPLY BRIEF"
12/22/2006 Substitution of attorneys filed for: Applt Eagle Broadband; Gordon & Rees are substituted out as cnsl for applt Eagle Broadband; Jeffrey Ratinoff & Karineh Khachatourian & the Law Offices of Buchanan Ingersoll & Rooney LLP are substituted in place of Gordon & Rees LLP
"NOTICE OF SUBSTITUTION OF COUNSEL"
12/22/2006 Amicus curiae brief filed by: The People
Note: Timely per rule 40.1 CRC
"BRIEF OF THE ATTORNEY GENERAL AS AMICUS CURIAE"
12/28/2006 Filed proof of service. on sup crt re sub of atty
01/03/2007 Granted - extension of time. To 1/16/07 to file response brief of applt Williams to amicus curiae brief (1st)

"[Granted] APPLICATION FOR EXTENSION OF TIME TO FILE ANSWER TO AMICUS CURIAE BRIEF OF THE ATTORNEY GENERAL; DECLARATION OF PAUL CLIFFORD"
01/04/2007 Response filed to: By Eagle Broadband, Inc. to the amicus curiae brief of the Attorney General

"EAGLE BROADBAND, INC.'S RESPONSE TO ATTORNEY GENERAL'S AMICUS CURIAE BRIEF"
01/17/2007 Response filed to: By appellant Williams to the amicus curiae brief filed by the State Attorney General on 12/22/06
Note: By overnight mail delivery

"APPELLANT'S RESPONSE TO AMICUS CURIAE BRIEF OF THE ATTORNEY GENERAL"
01/17/2007 Case fully briefed.
01/29/2007 Case on conference list. 2/1/07 Conference List
02/16/2007 Oral argument waiver notice sent.

(Oral Argument Waiver Notice)
02/26/2007 Request for oral argument filed by: atty Ratinoff obo applnt (pa)

"REQUEST FOR ORAL ARGUMENT"
06/01/2007 Received letter from: atty Ratinoff obo Eagle Broadband re addt'l case cite (to chambers for perm. to file)
06/21/2007 Filed additional cites for oral argument. By Counsel for Eagle Broadband (Note: Permission to file granted this day) (TCT)

"PERMISSION TO FILE GRANTED" (initialed by Patricia Bamattre-Manoukian, Acting Presiding Justice) (letter dated May 31, 2007) (actually filed on 6/5, not 6/21)
08/10/2007 Calendar notice sent. Calendar date: Thursday, September 20, 2007, at 1:30 p.m.

(Calendar Notice)
(September 2007 Calendar)
09/05/2007 Received document entitled: Additional Case cite w/explanation from rspdt Mould (TCT for permission to file)
09/05/2007 Received document entitled: Additional case cite from rspdt Mould & applt Williams (TCT for permission to file)
09/07/2007 Filed: Eagle Broadband's ltr objctng to Mould's & Willimas' rqsts for lve to refer to add'tl leag authority during orl argmnt (TCT)

"On behalf of ... Eagle ..., we hereby object ..." (letter dated September 6, 2007)
09/10/2007 Filed document entitled: Rspdt Mould's add'tl case cites w/explanation (Permission to file grtd this day-TCT)

"PERMISSION TO FILE GRANTED" (initialed by Richard J. McAdams, Acting Presiding Justice) (letter dated September 4, 2007)
09/10/2007 Filed additional cites for oral argument. Rspdt Mould's & applt Williams add'tl case cites for oral argument (Permission to file granted this day-TCT)

"PERMISSION TO FILE GRANTED" (initialed by Richard J. McAdams, Acting Presiding Justice) (letter dated August 31, 2007)
09/20/2007 Cause argued and submitted.
(Audio recording and partial transcript)
(Minutes for week of September 17 through September 21)
12/14/2007 Opinion filed. (Signed Unpublished) Affirmed in part, reversed in part w/directions (see opinion); RJM, WCD w/concurring opinion by NDM

(Opinion) (signed by Richard J. McAdams, Justice)
12/17/2007 Filed document entitled: Eagle Broadband Inc's suggestion of Bankruptcy (TCT)

"EAGLE BROADBAND, INC.'S SUGGESTION OF BANKRUPTCY"
01/15/2008 Filed document entitled: Mould's & Williams' response to Eagle's suggestion of Bankruptcy (TCT)
01/23/2008 Filed document entitled: Eagle's Broadband's response to Mould's & Williams' rqst for issuance of rmttr (TCT)


Court data last updated: 01/24/2008 01:05 PM

Future Scheduled Actions (link to court's page)

Eagle Broadband, Inc. v. Mould; Williams
Case Number H030169

Description Due Date Notes
Remittitur issued. 02/13/2008


Court data last updated: 01/24/2008 01:05 PM

Briefs (link to court's page)

Eagle Broadband, Inc. v. Mould; Williams
Case Number H030169

Brief Due Date Date Filed Party and
Attorney
Notes
Appellant's appendix and opening brief filed.   09/05/2006   Attorney: Savage, Kelly J. Party: Eagle Broadband, Inc. (See Briefing Sequence Order-event #220)

"JOINT APPENDIX" (exhibits omitted)
"APPELLANT'S OPENING BRIEF" (5,833 words)
Appellant notified pursuant to rule 17(a)(1).   09/06/2006 Defendant and Appellant: Williams, Richard

Attorney: Mark Goldowitz  
Attorney: Goldowitz, Mark Party: Williams, Richard (Note: AOB of applt Williams was due on 9/5/06-per BSO fld 6/29/06)

(Notice to appellant)
Appellant's opening brief.     09/22/2006 Defendant and Appellant: Williams, Richard

Attorney: Mark Goldowitz  
Attorney: Goldowitz, Mark Party: Williams, Richard (Note: Timely per rule 40.1 CRC)
"APPELLANT'S OPENING BRIEF" (7,284 words)
Respondent notified pursuant to rule 17(a)(2).       10/06/2006 Defendant and Respondent: Mould, Thomas

Attorney: Mark Goldowitz  
Attorney: Goldowitz, Mark Party: Mould, Thomas (Note: Response brf to Eagle Broadband's AOB fld on 9/5/06 per BSO fld on 6/29/06-see event #220)
(Notice to respondent)
Respondent's brief.       10/24/2006 Defendant and Respondent: Mould, Thomas

Attorney: Mark Goldowitz  
Attorney: Goldowitz, Mark Party: Mould, Thomas (Note: Response brief to Eagle's AOB fld on 9/5/06 per BSO fld on 6/29/06-see evenr #220) (Timely per rule 40.1 CRC)
"RESPONDENT'S BRIEF" (7,868 words)
Respondent notified pursuant to rule 17(a)(2).   10/24/2006 Plaintiff and Appellant: Eagle Broadband, Inc.

Attorney: Jeffrey Michael Ratinoff
Attorney: Karineh Khachatourian  
Rspnse brf of Eagle to Williams' AOB fld on 9/22/06 per BSO fld on 6/22/06- see event #220)

(Notice to respondent)
Respondent's brief.       11/07/2006 Plaintiff and Appellant: Eagle Broadband, Inc.

Attorney: Jeffrey Michael Ratinoff
Attorney: Karineh Khachatourian  
Response brf of Eagle Broadband to Williams' AOB fld on 9/22/06-See BSO fld on 6/22/06-see event #220

"RESPONDENT'S BRIEF" (11,901 words)
Appellant's reply brief.   11/22/2006 Plaintiff and Appellant: Eagle Broadband, Inc.

Attorney: Jeffrey Michael Ratinoff
Attorney: Karineh Khachatourian  
Note: Eagle's reply brf to Mould's RBF fld on n10/24/06-see BSO filed 6/22/06-event #220
"APPELLANT'S REPLY BRIEF" (8,705 words)
Appellant's reply brief.   12/20/2006 Defendant and Appellant: Williams, Richard

Attorney: Mark Goldowitz  
By applt Williams to RBF of Eagle Broadband filed on 11/7/06 - see BSO fld on 9/22/06 - event #220 (Note: Timely per rule 40.1 CRC)

"APPELLANT'S REPLY BRIEF" (5,583 words)
Amicus curiae brief filed by:   12/22/2006 Amicus curiae: The People

Attorney: Kathrin Sears  
The People
Note: Timely per rule 40.1 CRC

"BRIEF OF THE ATTORNEY GENERAL AS AMICUS CURIAE" (5,784 words)
    (01/04/2007)   "EAGLE BROADBAND, INC.'S RESPONSE TO ATTORNEY GENERAL'S AMICUS CURIAE BRIEF" (349 words)
    (01/17/2007)   "APPELLANT'S RESPONSE TO AMICUS CURIAE BRIEF OF THE ATTORNEY GENERAL" (2,230 words)

Court data last updated: 01/24/2008 01:05 PM

Disposition (link to court's page)

Eagle Broadband, Inc. v. Mould; Williams
Case Number H030169

Description: Affirmed/part, rev/part, remanded w/direction
Date: 12/14/2007
Status: Final
Affirmed in part, reversed in part w/directions (see opinion); RJM, WCD w/concurring opinion by NDM
Publication Status: Signed Unpublished

(Opinion)
Author: McAdams, Richard  
Participants: Mihara, Nathan (Concur with Opinion) 
Duffy, Wendy (Concur) 
Case Citation:


Court data last updated: 01/24/2008 01:05 PM

Parties and Attorneys (link to court's page)

Eagle Broadband, Inc. v. Mould; Williams
Case Number H030169

Party Attorney
Eagle Broadband, Inc. : Plaintiff and Appellant

Karineh Khachatourian
Buchanan Ingersoll & Rooney LLP
333 Twin Dolphin Drive, Suite 700
Redwood City, CA 94065

Jeffrey Michael Ratinoff
Buchanan Ingersoll & Rooney LLP
333 Twin Dolphin Drive, Suite 700
Redwood City, CA 94065

Mould, Thomas : Defendant and Respondent

Mark Goldowitz
California Anti-SLAPP Project
2903 Sacramento Street
Berkeley, CA 94702

Williams, Richard : Defendant and Appellant

Mark Goldowitz
California Anti-SLAPP Project
2903 Sacramento Street
Berkeley, CA 94702

The People : Amicus curiae

Kathrin Sears
Office of the Attorney General
455 Golden Gate Avenue
Suite 11,000
San Francisco, CA 94102


Court data last updated: 01/24/2008 01:05 PM

Trial Court (link to court's page)

Eagle Broadband, Inc. v. Mould; Williams
Case Number H030169

Trial Court Name: Santa Clara County Superior Court
County: Santa Clara
Trial Court Case Number: CV050179
Trial Court Judge: Elfving, William
Trial Court Judgment Date: 03/07/2006


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