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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This page could very well be out of date at the time you are reading it.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:
Court data last updated: 01/24/2008 01:05 PM
Case Summary Docket Scheduled Actions Briefs
Disposition Parties and Attorneys Trial Court
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) | ||
| H030719 | Eagle Broadband, Inc. v. Mould |
Court data last updated: 01/24/2008 01:05 PM
Case Summary Docket Scheduled Actions Briefs
Disposition Parties and Attorneys Trial Court
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
Case Summary Docket Scheduled Actions Briefs
Disposition Parties and Attorneys Trial Court
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
Case Summary Docket Scheduled Actions Briefs
Disposition Parties and Attorneys Trial Court
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
Case Summary Docket Scheduled Actions Briefs
Disposition Parties and Attorneys Trial Court
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
Case Summary Docket Scheduled Actions Briefs
Disposition Parties and Attorneys Trial Court
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
|
|
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
Case Summary Docket Scheduled Actions Briefs
Disposition Parties and Attorneys Trial Court
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 |
RCS revision tag: $Id: appeal.html,v 1.70 2008/01/24 21:54:32 al Exp $