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Court Case Record DJO, LLC v. Miomed Orthopaedics, Inc. D070009 UID(b395)


DJO, LLC v. Miomed Orthopaedics, Inc. Court Case Record

Court Case Number: D070009


 
Case NumberD070009
Case TitleDJO, LLC v. Miomed Orthopaedics, Inc.
Case TypeCV
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address4th Appellate District Division 1
Phone
Field Date
Close Date6/14/2017
Documentpdf

Parties

CounselNameType
Robert Francis Tyson, Jr
Tyson & Mendes
5661 La Jolla Blvd
La Jolla, CA 92037

Jacob Robert Felderman
Tyson & Mendes
5661 La Jolla Blvd
San Diego, CA 92037

Kelly Christine Denham
Tyson & Mendes
5661 La Jolla Blvd
La Jolla, CA 92037

DJO, LLCPlaintiff, Cross-defendant and Respondent
Jon R. Williams
Williams Iagmin LLP
666 State Street
San Diego, CA 92101

Miomed Orthopaedics, Inc.Defendant, Cross-complainant and Appellant
Docket (Register of Actions)
Date Description Notes
03/22/2016 Notice of appeal lodged/received. Filed March 1, 2016 by MIOMED ORTHOPAEDICS, INC.
03/22/2016 Appellate package sent.
03/28/2016 Filing fee.
03/28/2016 Received copy of document filed in trial court. Appellant's notice of designation of reporter's transcript - 3/22/16
03/28/2016 Civil case information statement filed. Miomed Orthopaedics, Inc.
03/28/2016 Certificate of interested entities and parties filed by: Defendant, Cross-complainant and Appellant: Miomed Orthopaedics, Inc. Attorney: Jon R. Williams
04/11/2016 Letter sent to counsel re: Appellant's notice of appeal identifies a December 17, 2015, order as the appealed order in this matter. In the order, the superior court granted a petition to confirm an arbitration award and effectively denied a cross-petition to vacate the award. "However, neither an order denying a petition to vacate the award under Code of Civil Procedure section 1286.2 nor an order confirming an award is directly appealable. (Code Civ. Proc., § 1294; Mid-Wilshire Associates v. O'Leary (1992) 7 Cal.App.4th 1450, 1454.) Review of an order denying a petition to vacate may only be had upon appeal from the judgment of confirmation or by writ of mandate." (Ahdout v. Hekmatjah (2013) 213 Cal.App.4th 21, 30.) An order confirming an arbitration award is likewise reviewable by appeal only from the ensuing judgment. (National Marble Co. v. Bricklayers & Allied Craftsman Local No. 2 (1986) 184 Cal.App.3d 1057, 1060, fn. 1; see Code Civ. Proc., § 1294, subd. (d).) "A reviewing court has jurisdiction over a direct appeal only when there is (1) an appealable order or (2) an appealable judgment." (Griset v. Fair Political Practices Commission (2001) 25 Cal.4th 688, 696.) The court therefore requests that appellant submit a letter brief explaining why this appeal should not be dismissed because it is not taken from an appealable order or judgment. Appellant's letter brief should be submitted to this court within 10 days of the date of this letter. Appellant may alternatively submit, within the same time period, an appropriate judgment and request that this court construe its notice of appeal as being from the judgment. (See Cal. Rules of Court, rule 8.104(d); National Marble Co. v. Bricklayers & Allied Craftsman Local No. 2, supra, 184 Cal.App.3d at p. 1060, fn. 1.) Respondent may address this issue by letter brief within 10 days of the date of this letter as well.
04/18/2016 Notice to reporter to prepare transcript. CSR Kramm: 11/20/15
04/21/2016 Letter brief filed. Defendant, Cross-complainant and Appellant: Miomed Orthopaedics, Inc. Attorney: Jon R. Williams Per court's 4/11/16 letter
05/13/2016 Letter brief filed. Defendant, Cross-complainant and Appellant: Miomed Orthopaedics, Inc. Attorney: Jon R. Williams Follow-up on entry of underlying judgment
05/17/2016 Order filed. The court has received appellant's April 21, 2016, and May 13, 2016, letter briefs in response to this court's request for briefing. The latter brief attaches a copy of the superior court's April 18, 2016, judgment following its December 17, 2015, order confirming an arbitration award. As requested by appellant, the court will construe this appeal as being taken from the court's April 18, 2016, judgment. (See Cal. Rules of Court, rule 8.104(d); National Marble Co. v. Bricklayers & Allied Craftsman Local No. 2 (1986) 184 Cal.App.3d 1057, 1060, fn. 1.) The appeal may proceed. This order is made without prejudice to appellant's argument that the superior court's December 17, 2015, order effectively dismissed, rather than denied, appellant's cross-petition to vacate the arbitration award.
07/05/2016 REPORTER'S TRANSCRIPT FILED*** RT-1 (36 pgs)
08/18/2016 Stipulation of extension of time filed: APPELLANT'S APPENDIX AND OPENING BRIEF FILED. Due on 09/14/2016 By 30 Day(s) AOB extended 30 days, RB extended 30 days
09/19/2016 Appellant notified re failure to timely file opening brief.
09/30/2016 Granted - extension of time. Appeal dismissed for failure to file opening brief. Due on 10/14/2016 By 10 Day(s) Granted in part (AOB is due 10/14/16; requested to 11/3/16) Last extension
10/14/2016 APPELLANT'S APPENDIX AND OPENING BRIEF FILED. Defendant, Cross-complainant and Appellant: Miomed Orthopaedics, Inc. Attorney: Jon R. Williams 2 volumes of appendix (658 pages)
10/14/2016 Certificate of interested entities and parties filed by: Defendant, Cross-complainant and Appellant: Miomed Orthopaedics, Inc. Attorney: Jon R. Williams In AOB
11/29/2016 Stipulation of extension of time filed: RESPONDENT'S BRIEF. Due on 01/17/2017 By 32 Day(s)
01/09/2017 Granted - extension of time. RESPONDENT'S BRIEF. Due on 02/17/2017 By 31 Day(s) Last extension
02/22/2017 Respondent notified re failure to file respondent's brief.
02/28/2017 Respondent's Appendix and Respondent's Brief filed. Plaintiff, Cross-defendant and Respondent: DJO, LLC Attorney: Robert Francis Tyson, Jr 1 volume of appendix (49 pages)
02/28/2017 Certificate of interested entities and parties filed by: Plaintiff, Cross-defendant and Respondent: DJO, LLC Attorney: Robert Francis Tyson, Jr In RB
Disposition
Description: Affirmed in full
Date: 06/14/2017
Disposition Type: Final The judgment is affirmed. DJO to recover its costs on appeal.
Publication Status: Signed Unpublished
Author: Benke, Patricia D.
Participants: Aaron, Cynthia G. (Concur) Haller, Judith L. (Concur)
Case Citation: none