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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
Case No. H030719, notice of appeal filed October 6, 2006.
EAGLE BROADBAND, INC.,
Plaintiff and appellant,
vs.
THOMAS MOULD,
Defendant and respondent.
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This page could very well be out of date at the time you are reading it.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: | H030719 | ||
| Division: | |||
| Case Caption: | Eagle Broadband, Inc. v. Mould | ||
| Case Type: | |||
| Filing Date: | 10/06/2006 | ||
| Oral Argument Date/Time: | 09/20/2007 01:30 PM (Audio recording and partial transcript) | ||
No Cross Referenced Cases Found
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
Case Number H030719
| Date | Description | Notes |
|---|---|---|
| 10/13/2006 | Notice of appeal lodged/received. |
Eagle Broadband filed 10/13/06 "NOTICE OF APPEAL ..." (Rule 1(f)(1) notice to appellant) |
| 10/13/2006 | Notice per rule 5.1 - with reporter's transcript. | filed 10/6/06 |
| 10/20/2006 | Civil case information statement filed. |
By appellant "CIVIL CASE INFORMATION STATEMENT" |
| 10/24/2006 | Default appellant; no certificate of interested persons filed. |
applnt's (Rule 14.5(c)(2) notice to appellant) |
| 11/02/2006 | Certificate of interested entities or persons filed by: |
Appellant "CERTIFICATE OF INTERESTED ENTITIES OR PERSONS" |
| 11/09/2006 | Default notice received-appellant notified per rule 8(a)(1). |
Ntce to applt dtd 11/2/06 for flre to post fees for RT |
| 11/09/2006 | Received document entitled: |
Notice of compliance re dflt ntce issued 11/2/06 |
| 11/09/2006 | Notice to reporter to prepare transcript. |
Ctrr Schuler ntfd on 11/6/06 to prpre RT of 8/8/06 "Dear Court Reporter: ..." |
| 11/29/2006 | Notice of completion of transcripts received/filed. |
Re reporter's tx on appeal "Dear Counsel: ..." |
| 11/29/2006 | Reporter's transcript filed. |
R-1 (Procs of 8/8/06 by ctrr Schuler) "REPORTER'S TRANSCRIPT OF PROCEEDINGS" |
| 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" |
| 12/28/2006 | Filed proof of service. |
re sub of atty for sup crt |
| 01/04/2007 | Telephone conversation with: |
Sec to atty Ratnof she states they will turn in brief next week. |
| 01/04/2007 | Appellant notified pursuant to rule 8.220(a)(1). |
(Notice to appellant) |
| 04/09/2007 | Original entry stricken - sequence no. not removed. |
Prvs event entry was "AOB filed" (Public redacted version) deleted bcuz crt ordrd flng of AOB strckn on 4/9/07 (see order-event #350) "APPELLANT'S OPENING BRIEF PUBLIC REDACTED VERSION" |
| 01/18/2007 | Original entry stricken - sequence no. not removed. |
Previous event entry was "Appellant's appendix filed-deleted bcuz crt ordrd filing of appendix stricken on 4/9/07 (see order-event #350) "APPELLANT'S APPENDIX" (exhibits omitted) |
| 01/18/2007 | Original entry stricken - sequence no. not removed. |
Previous event entry was "Received document entitled sealed vol V of applt's appndx (stricken per crt's order on 4/9/07-see event #350) |
| 01/18/2007 | Original entry stricken - sequence no. not removed. |
Previous event entry was "Received document entitled Applt's opening brief conditionally lodged under seal"-deleted bcuz crt ordrd AOB strckn & rtrnd to applt on 4/9/07 (see order-event #350) |
| 01/18/2007 | Application filed to: |
By applt to file documents under seal
(TCT for order) "EAGLE BROADBAND, INC.'S APPLICATION TO FILE DOCUMENTS UNDER SEAL; DECLARATION OF JEFFREY M. RATINOFF IN SUPPORT THEREOF" |
| 02/02/2007 | Opposition filed. |
By respondent to applt's applcn to file dcmnts under seal (TCT) "RESPONDENT MOULD'S OPPOSITION TO APPLICATION TO FILE DOCUMENTS UNDER SEAL; DECLARATION OF PAUL CLIFFORD" (exhibits omitted) |
| 02/16/2007 | Granted - extension of time. |
(1) "[Granted] APPLICATION FOR EXTENSION OF TIME TO FILE RESPONDENT'S BRIEF; DECLARATION OF PAUL CLIFFORD" |
| 04/09/2007 | Order filed. |
The motion to seal records is granted in part. The motion is granted only as to those documents which were sealed by the trial court. Those documents include: 1)Paragraph 7-9 of the Khachatourian declaration;2)Exhibits G & H of that declaration;3)Any portion of the Opposition or Reply to the Motion for attorney's fees and costs making reference to the above referenced information; and 4)Any portion of the Opening brief quoting or paraphrasing the above referenced information. The court finds that Eagle has shown that (1) There exists an overriding interest that overcomes the right of public access to the record; that (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, Rule 2.550, subd. (d).) The parties entered into a Settlement Negotiation Agreement which contained a confidentiality clause. The purpose of the confidentiality clause was to encourage settlement by protecting information provided for the purposes of facilitating settlement. When negotiations failed, the parties sought to file information relating to settlement in support of and in opposition to the motion for attorney's fees and costs. The trial court allowed certain portions of the record to be filed under seal, finding that it was information protected by the parties' confidentiality clause. The trial court refused to seal information relating to Eagle's attorney's fees and costs. The court finds that there exists an overriding interest in protecting information subject to the confidentiality clause where the purpose of the clause is to facilitate settlement between the parties. The court further finds that revealing such information would prejudice parties' willingness to engage in frank and open settlement negotiations. The order sealing the record is limited only to those portions of the record specifically identified as information about negotiations which is subject to the confidentiality clause. Finally, the court finds that no less restrictive means exists to protect this confidential information, other than sealing that portion of the record and briefs which contain or reference this information. The motion is denied as to those documents relating to Eagle's attorney's fees and costs. Specifically:
1)Parts of paragraph 6 (total Eagle has spent in costs and fees in this action; 2)Excerpts from Eagle's opposition to Mould's motion for fees which cites the total amount Eagle has spent in costs and fees;3) Excerpts from reply brief filed by Mould which cites Eagle's costs and fees; and 4) Excerpts in Eagle's opening brief that quote or paraphrase this same information. The court finds that there is no overriding interest in protecting Eagle's expenditures on legal fees and costs which overcomes the right of public access to the record. The clerk of this court is directed to strike the filing of appellant's opening brief and appendix in lieu of clerk's transcript on appeal filed on January 18, 2007. Counsel for appellant or his representative may retrieve said brief and appendix from the clerk's office within 10 days from the date of this order so that said party may be able to provide a redacted version which complies with this order. The newly redacted record and opening brief shall be due within 15 days from the date that the brief and appendix are retrieved from the clerk's office or if not retrieved, within 15 days from the expiration of the 10-day period to retrieve said brief and appendix, whichever period comes first.
Time for filing of respondent's brief is extended to 15 days from the date that the redacted record and opening brief are filed in this court. (CLR) "BY THE COURT: ..." (signed by Conrad L. Rushing, Presiding Justice) |
| 04/17/2007 | Note: |
AOB and appendix retrieved from the clerk's office by cnsl for applt's courier this day |
| 05/03/2007 | Appellant's opening brief. |
Note: Public Redacted Version (Original & 4 copies) "APPELLANT'S OPENING BRIEF - PUBLIC REDACTED VERSION (RE-FILED IN COMPLIANCE WITH THE APRIL 9, 2007 ORDER OF THE COURT)" |
| 05/03/2007 | Appellant's appendix filed. |
5 volumes (Note: Volume V is filed under seal per court's 4/9/07 order) "APPELLANT'S APPENDIX (RE-FILED IN COMPLIANCE WITH THE APRIL 9, 2007 ORDER OF THE COURT)" (exhibits omitted) (Most of the exhibits can be found on the trial court page. Exhibit 25, "DECLARATION OF KARINEH KHACHATOURIAN IN SUPPORT OF OPPOSITION TO DEFENDANT DOE 5'S MOTION FOR ATTORNEYS' FEES (C.C.P. § 425.16(C)) (PUBLIC REDACTED VERSION)" has fewer redactions than does the version publicly filed in the trial court.) |
| 05/03/2007 | Sealed document filed********* |
Original & 4 copies of AOB (Filed under seal per court's 4/9/07 order) |
| 05/03/2007 | Sealed document filed********* |
Volume V of appellant's appendix filed under seal per court's 4/9/07 order) |
| 05/21/2007 | Respondent notified pursuant to rule 8.220(a)(2). |
(Notice to respondent) |
| 05/23/2007 | Respondent's brief. |
"RESPONDENT'S BRIEF" |
| 05/23/2007 | Respondent's appendix filed. |
2 volumes "RESPONDENT'S APPENDIX" (exhibits omitted) (most of the exhibits can be found on the trial court page) |
| 05/23/2007 | Certificate of interested entities or persons filed by: |
Respondent (See RBF) |
| 06/12/2007 | Appellant's reply brief. |
"APPELLANT EAGLE BROADBAND INC.'S REPLY BRIEF" |
| 06/12/2007 | Case fully briefed. |
|
| 06/29/2007 | Case on conference list. |
July 5, 2007 Conference List |
| 07/20/2007 | Oral argument waiver notice sent. |
(Oral Argument Waiver Notice) |
| 07/25/2007 | Request for oral argument filed by: |
atty Khachatourian obo applnt (pa) "REQUEST FOR ORAL ARGUMENT" |
| 07/26/2007 | Request for oral argument filed by: |
atty Goldowitz obo respondent (pa) "REQUEST FOR ORAL ARGUMENT" |
| 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 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 additional cites for oral argument. |
Rspdt Mould's & applt Williams add'tl case cites for oral argument (Permission to file grtd 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) |
| 10/09/2007 | Received: |
Rspdt Mould's post argument add'tl case cite (TCT for permission to file or order) "PERMISSION TO FILE Denied" (initialed by Richard J. McAdams, Acting Presiding Justice) (letter dated October 5, 2007) |
| 10/15/2007 | Letter sent to: |
Atty Goldowitz from California Anti-Slapp Project re court denied permission to file letter re additional cite dated 10/5/07 (and returning letter) "The court denied permission to file your letter dated October 5, 2007" |
| 12/14/2007 | Opinion filed. |
(Signed Unpublished) Trial court's order of August 9, 2006, is affirmed (see opinion); RJM, NDM & WCD (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 response to Eagle's suggestion of Bankruptcy (TCT) |
| 01/23/2008 | Filed document entitled: |
Eagle's Broadband's response to Mould's 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
Case Number H030719
| 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
Case Number H030719
| Brief | Due Date | Date Filed | Party and Attorney |
Notes |
|---|---|---|---|---|
| Appellant notified pursuant to rule 8.220(a)(1). | 01/04/2007 |
Plaintiff and Appellant: Eagle Broadband, Inc. Attorney: Jeffrey Michael Ratinoff Attorney: Karineh Khachatourian |
(Notice to appellant) |
|
| Appellant's opening brief. | 05/03/2007 |
Plaintiff and Appellant: Eagle Broadband, Inc. Attorney: Jeffrey Michael Ratinoff Attorney: Karineh Khachatourian |
Note: Public Redacted Version (Original & 4 copies) "APPELLANT'S OPENING BRIEF - PUBLIC REDACTED VERSION (RE-FILED IN COMPLIANCE WITH THE APRIL 9, 2007 ORDER OF THE COURT)" (6,992 words) |
|
| Respondent notified pursuant to rule 8.220(a)(2). | 05/21/2007 |
Defendant and Respondent: Mould, Thomas Attorney: Mark Goldowitz |
(Notice to respondent) |
|
| Respondent's brief. | 05/23/2007 |
Defendant and Respondent: Mould, Thomas Attorney: Mark Goldowitz |
"RESPONDENT'S BRIEF" (9,121 words) |
|
| Appellant's reply brief. | 06/12/2007 |
Plaintiff and Appellant: Eagle Broadband, Inc. Attorney: Jeffrey Michael Ratinoff Attorney: Karineh Khachatourian |
"APPELLANT EAGLE BROADBAND INC.'S REPLY BRIEF" (1,528 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
Case Number H030719
| Description: |
Affirmed in full |
|---|---|
| Date: |
12/14/2007 |
| Status: |
Final Trial court's order of August 9, 2006, is affirmed (see opinion); RJM, NDM & WCD |
| Publication Status: |
Signed Unpublished (Opinion) |
| Author: | McAdams, Richard |
| Participants: |
Mihara, Nathan (Concur) 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
Case Number H030719
| Party | Attorney |
|---|---|
|
Mould, Thomas : Defendant and Respondent
|
Mark Goldowitz California Anti-SLAPP Project 2903 Sacramento Street Berkeley, CA 94702
|
|
Mould, Thomas : Defendant and Respondent
|
Karineh Khachatourian Buchanan Ingersoll & Rooney LLP 333 Twin Dolphin Drive, Suite 700 Redwood City, CA 94065
Jeffrey Michael Ratinoff
|
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
Case Number H030719
| 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: | 08/09/2006 |
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