Branca V HTWF - Estate Motion 4 Extension Appellate Court

LA 130778642 v.
1
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

JOHN G. BRANCA, Special
Administrator of the Estate of Michael
J. Jackson; JOHN MCCLAIN, Special
J. Jackson; TRIUMPH
INTERNATIONAL, INC.,

Plaintiffs/Appellees,

vs.

HEAL THE WORLD
FOUNDATION, California
corporation and UNITED FLEET, a
California corporation,

Defendants/Appellants.

Case Number(s):
11-56926, 11-57048 (Consolidated)

C.D. No. 2:09-cv-07084-DMG
Central District of California,
Los Angeles

APPELLEES MOTION
UNDER CIRCUIT RULE 31-2.2
FOR EXTENSION OF TIME
TO FILE ANSWERING BRIEF
FROM MARCH 27, 2013 TO
APRIL 26, 2013

Case: 11-56926 03/12/2013 ID: 8547078 DktEntry: 39-1 Page: 1 of 7 (1 of 21)

LA 130778642 v. 1
1
I. INTRODUCTION
Appellees respectfully request a 30-day extension of time to file the
Answering Brief. Such an extension is necessary in order for Appellees to
provide the Court with a comprehensive response to Appellants Opening Brief,
which Appellants had over a year to prepare and which is 68 pages in length,
and review the Excerpts of Record, which are more than 1,000 pages in length.
Moreover, as a result of Appellants filing, in the public record, of documents
ordered to be filed under seal by the district court, Appellees were occupied for
the first five days after the filing of the Opening Brief with their emergency
motion to seal the documents, which was granted by this Court.
As set forth further below, this is Appellees first request for an extension
of time, Appellees request is supported by a showing of diligence and
substantial need, and Appellants counsel has indicated that Appellants do not
oppose the extension.

II. FACTUAL AND LEGAL DISCUSSION
A. Fifteen Months After This Appeal Was Filed, Appellants Filed Their
Oversized Opening Brief And Excerpts Of Record Which Included
Sealed Documents.
Appellants filed their Notices of Appeal on November 1, 2011 and
November 22, 2011. Excerpts of Record (ER) at 1010-12 (November 22,
2011 Notice of Appeal); Declaration of Nina D. Boyajian (Boyajian Decl.),
2, Ex. A.


LA 130778642 v. 1
2
Fifteen months after filing their notices of appeal, and after seeking four
extensions of time to file an Opening Brief, Appellants filed their oversized
Opening Brief (68 pages) on February 22, 2013. Dkt. No. 32-1. Appellants also
filed a 1,079 page Excerpts of Record. Dkt. No. 33-1 33-4. As a result of
Appellants filing, in the public record, of documents ordered to be filed under
seal in the district court, Appellees were forced to immediately prepare and file
an emergency motion to seal certain documents in the Excerpts of Record. Dkt.
No. 34-1. The Court granted Appellees emergency motion, but maintained the
current briefing schedule (Dkt. No. 35), which would require Appellees to file
their Answering Brief by March 27, 2013.

B. Appellants Do Not Oppose Appellees Requested 30-Day Extension.
After the Court granted the emergency motion, and upon reviewing
Appellants Opening Brief and voluminous Excerpts of Record totaling over
1,100 pages Appellees determined that they would need additional time to file
their Answering Brief. Boyajian Decl., 3. Accordingly, on March 5, 2013,
Appellees counsel emailed Appellants counsel to determine whether
Appellants would oppose Appellees request for a 30-day extension of time to
file the Answering Brief. Id., 4, Ex. B. Appellants counsel indicated that
they have no opposition to Appellees requested extension. Id., 5, Ex. B.

C. This Request For Extension Satisfies Circuit Rule 31-2.2(b).
Ninth Circuit Rule 31-2.2(b) provides that an extension of time may be
granted when supported by a showing of diligence and substantial need. Circuit
Rule 31-2.2(b).

LA 130778642 v. 1
3
Appellees need for the extension is based on three factors: (1) the
oversized nature of Appellants Opening Brief; (2) the voluminous Excerpts of
Record, which comprise more than 1,000 pages; and (3) Appellees spent the first
five days following the filing of Appellants brief focused on remedying the
issue of Appellants filing in the public record of documents ordered under seal
by the district court. Boyajian Decl., 6. This is the first extension of time
sought by Appellees, and Appellees will exercise all due diligence in ensuring
that the Answering Brief will be filed by April 26, 2013, the requested extension
date. Id., 7.
This Motion further satisfies the remaining factors of Circuit Rule 31-
2.2(b), because it is filed more than seven days before the expiration of the time
prescribed for filing the brief, and sets forth (1) that the brief is currently due on
March 27, 2013, (2) the length of the requested extension is 30 days, (3) the
reasons an extension is necessary, (4) Appellees representation that they have
exercised diligence and that the brief will be filed within the time requested, and
(5) that Appellants do not object to the request for an extension. Id., 8, Ex. B;
Circuit Rule 31-2.2(b). Furthermore, the court reporter is not in default with
regard to any designated transcripts. Id.

LA 130778642 v. 1
4

III. CONCLUSION
Appellees respectfully request that the Court grant Appellees a 30-day
extension of time to file their Answering Brief, from March 27, 2013 to April
26, 2013.

Dated: March 12, 2013 GREENBERG TRAURIG, LLP
By: /S/ NINA D. BOYAJIAN
NINA D. BOYAJIAN
GREENBERG TRAURIG, LLP
VINCENT H. CHIEFFO (SBN 49069)
E-Mail: ChieffoV@gtlaw.com
NINA D. BOYAJIAN (SBN 246415)
E-Mail: BoyajianN@gtlaw.com
1840 Century Park East, Suite 1900
Los Angeles, 90067-2121
Tel: 310-586-7700/Fax: 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 130778642 v. 1
5
Certificate of Compliance Pursuant to 9th Circuit Rules 28-4, 29-2(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 briefs type size and type face comply with Fed. R. App. P.
32(a)(5) and (6).

Dated: March 12, 2013 GREENBERG TRAURIG, LLP
By: /S/ NINA D. BOYAJIAN
NINA D. BOYAJIAN

Tel: 310-586-7700/Fax: 310-586-7800



LA 130778642 v. 1
1
9th Circuit Case
Number(s)
11-56926, 11-57048 (Consolidated)
*************************************************************
CERTIFICATE OF SERVICE
All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing APPELLEES
MOTION UNDER CIRCUIT RULE 31-2.2 FOR EXTENSION OF
TIME TO FILE ANSWERING BRIEF FROM MARCH 27, 2013 TO
APRIL 26, 2013 with the Clerk of the Court for the United States Court of
Appeals for the Ninth Circuit by using the appellate CM/ECF system on
March 12, 2013.
I certify that all participants in the case are registered CM/ECF users
and that service will be accomplished by the appellate CM/ECF system to the
following party(ies):

Gary S. Brown, Esq.
The Law Offices of Gary Brown
1 South Fair Oaks Avenue, Suite 301
Pasadena, CA 91105-1945
Tel: 818-293-0979; Fax: 818-293-0760
Email: garysbrown@ca.rr.com
Counsel for Defendants-Appellants Heal the World Foundation and United
Fleet

Signature
/s/ Nina D. Boyajian


1

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

J. Jackson; TRIUMPH
INTERNATIONAL, INC.,

Plaintiffs/Appellees,

vs.

HEAL THE WORLD
FOUNDATION, California
corporation and UNITED FLEET, a
California corporation,

Defendants/Appellants.

Case Number(s):
11-56926, 11-57048 (Consolidated)

C.D. No. 2:09-cv-07084-DMG
Central District of California,
Los Angeles

DECLARATION OF NINA D.
BOYAJIAN IN SUPPORT OF
APPELLEES MOTION
UNDER CIRCUIT RULE 31-2.2
FOR EXTENSION OF TIME
TO FILE ANSWERING BRIEF
FROM MARCH 27, 2013 TO
APRIL 26, 2013


1

DECLARATION OF NINA 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 testify competently with respect thereto. I submit this
Declaration in support of Appellees Motion Under Circuit Rule 31-2.2 for
Extension of Time to File Answering Brief from March 27, 2013 to April 26,
2013.
2. Appellants filed their Notices of Appeal on November 1, 2011
and November 22, 2011. See Excerpts of Record (ER) at 1010-12
(November 22, 2011 Notice of Appeal). Attached hereto as Exhibit A is a
true and correct copy of Appellants November 1, 2011 Notice of Appeal.
3. After the Court granted Appellees emergency motion to seal,
and upon reviewing Appellants Opening Brief and voluminous Excerpts of
Record totaling over 1,100 pages Appellees determined that they would
need additional time to file their Answering Brief.
4. Accordingly, on March 5, 2013, I emailed Appellants counsel,
Gary Brown, to determine whether Appellants would oppose Appellees
request for a 30-day extension of time to file the Answering Brief. Attached
hereto as Exhibit B is a true and correct copy of my email correspondence
with Mr. Brown.


2

5. In response to my email, Mr. Brown indicated that Appellants
have no opposition to Appellees requested extension. See Ex. B.
6. Appellees need for the extension is based on three factors:
(1) the oversized nature of Appellants Opening Brief; (2) the voluminous
Excerpts of Record, which comprise more than 1,000 pages; and (3)
Appellees spent the first five days following the filing of Appellants brief
focused on remedying the issue of Appellants filing in the public record of
documents ordered under seal by the district court.
7. This is the first extension of time sought by Appellees, and
Appellees will exercise all due diligence in ensuring that the Answering Brief
will be filed by April 26, 2013, the requested extension date.
8. This Motion further satisfies the remaining factors of Circuit
Rule 31-2.2(b), because it is filed more than seven days before the expiration
of the time prescribed for filing the brief (March 27, 2013), and sets forth
(1) that the brief is currently due on March 27, 2013, (2) the length of the
requested extension is 30 days, (3) the reasons an extension is necessary (see
paragraph 6 herein), (4) Appellees representation that they have exercised
///
///
///

3

diligence and that the brief will be filed within the time requested, (5) that
Appellants do not object to the request for an extension (see Ex. B), and
(6) the court reporter is not in default with regard to any designated
transcripts.
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 12th day of March, 2013 at Los Angeles, California.

/S/ NINA D. BOYAJIAN
NINA D. BOYAJIAN

Tel: 310-586-7700/Fax: 310-586-7800


Exhbt A
Case 2:09-cv-07084-DMG -PLA Document 293 Filed 11101111 Page 1 of 4 Page lD

#:1
ilns
Steven C. Smith SBN 116246
Address 1800 North Broadway, Suite 200
Cily, State, Zip
SantaAna, C1^92706
Phone
(714) ss0 7720
p (714) 550-1251
g-4 ssmith@scckg.com
FPD ! Appointed n CJA n Pro Per K.etained
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JOHN G. BRANCA, et al.
CASENUMBER:
PLAINTIFF(S),
CV-09-07084 DMG
[PLAx]
v
HEAL THE WORLD FOI-INDATION, et al.
NOTICE OF APPEAL
DEFENDANT(S).
NOTICE IS HEREBY GIVEN that Defendants: Heal the World Foundation and United Fleet hereby appeals to
Name of Appellant
the United States Court of Appeals for the Ninth Circuit from:
Criminal Matter Civil Matter
tr Conviction only
[F.R.Cr.P.
32CXIXA)]
! Conviction and Sentence
n Sentence Only (18 U.S.C. 3742)
I Pursuant to F.R.Cr.P.32((2)
fl Interlocutory Appeals
! Sentence imposed:
tr Other (specify)
flBail status:
Imposed or Filed on Oclobet 27,2017
. Entered on the docket in this action on October 28. 201I
xxxxfi xdgaK)ft fr xrxrex(x
A copy of Order and Judgment are NOT attached as Exhibits A and B respectively, but filed separately under seal.
November I 2011 /s/ Steven C. Smith
Date Signature
tr AppellanlProSe E Counsel for Appellant tr Deputy Clerk
Note: The Notice of Appeal shall contain the names of all parties to the judgment or order and the names and addresses of the
attorneys for each party. Also, if not electronically filed in a criminal case, the Clerk shall be furnished a sufficient number
of copies of the Notice of Appeal to permit prompt compliance with the service requirements of FRAP 3(d).
E Order (specify):
Filed under seal June 27,2011 (#220)
F Judgment (specify):
Filed under seal October 27,2011(#292)
A-2 (01/07) NOTICE OF'APPEAL
EXHIBIT
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2:09-cv-07084-DMG -PLA Document 293 Filed 11101111
#:10565
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Steven C. Smith, State Bar No. 116246
SMITH CAMPBELL CLIFFORD KEARNEY GORE
1800 North Suite 200
Santa Ana.
Teleohone:
Facsimile:
92706
4 5s0-7720
4 5s0- 125 1
com
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORMA
WESTERN DIVISION
Email: s
Attornevs for Defendants
IIEAL TI V/ORLD FOI.INDATION ANd
UNITED FLEET
JOHN G. BRANCA. Special
Administrator of the'Esiate of Michael
Administrator of the Estate of
Michael J. Jackson: TRIUMPH
INTERNATIONAL, INC., a California
corporation,
Plaintif,
VS
CASE NO: CV-09-07084 DMG
IPLAx]
Honorable Dollv M. Gee
Courtroom 7
EX. A TO NOTICE OF APPEAL
FILED BY DEF'ENDANTS ON
NOVMEBER I, 2OII_ SEALED
DOCUMENT: ORDERTE-
Pf,INTTF'FS' MOTION TO
ENF'ORCE PARTIES' F'ULLY
EXECUTED SETTLEMENT
AGREEMENT FILED JUNE 27,201I IIEAL TIIE WORLD FOUNDATION,
a California corooration: UNITED
FLEET, a Cali6rnia coporation; and
DOES -10, inclusrve,
Defendants.
EX. A TO NOTICE OF APPEAL FILED BY DEFENDANTS NOV. 7,2077
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2:09-cv-07084-DMG -PLA Document 293 Filed 1 1101111 Page 3 of 4 Page lD
#:10566
Steven C. Smith. State Bar No. 116246
SMITH CAMPELL CLIFFORD KEARNEY GORE
1800 North Broadwav
Californi
,
Suite 200
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Santa Ana.
Teleohone:
r .r
.Facslmlle:
92t06
ss0-7720
ss0-t2sl
LINITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
Email:
Attornevs for Defendants
TIEAL fIIE WORLD FOUNDATION ANd
UNITED FLEET
Administrator of the'Edtate of Michael
Administrator of the Estate of
Michael J. Jackson: TRIUMPH
INTERNATIONAL, [NC., a California
corporation,
Plaintiffs,
CASE NO: CV-09-07084 DMG
[PLAx]
Honorable Dollv M. Gee
Courtroom 7
EX. B TO NOTICE OF'APPEAL
FILED BY DEF'ENDANTS ON
NOVII{EBER I. 2OII_ SEALED
DOCUMENT: AMENIIEII-
JT]I'GIIEITTENTERED OCTOBER
28r 2011 vs
IIEAL TI{E V/ORLD FOLINDATION,
a California cornoration: UNITED
IL^E_EJ,
a
alifrnia
coporation; and
DOES 1-10, inclusive,
Defendants
EX. B TO NOTICE OF APPEAL FILED BY DEFENDANTS NOV. 7,2077
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2:09-cv-07084-DMG -PLA Document 293 Filed 11101111
#:10567
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PROOF' OF' SERVICE
Brnca et al. vs. Hel the World Foundton, et al.
I declare that I am emoloved in the Citv of Santa Ana. Countv of Oranee.
State of California. I am ovr te ase of eishleen vears and hot a
parV
to the-within
action; my business address is: 180I NortlBroad'way, Suite 200,^Sarta Ana,
Califoini 92706
On November 1, 20Il,I served the foregoing document(s):
N O'l'tCE
(J'
APPI,AL; Rl,PRllSllN'l'A'l'lON DOC U lVllt N'f
';
SERVICE LIST
on all interested oarties in this action bv olacine l- I the orisinal l-Xl a true copv
thereof, enclosed in a sealed envelope ivith posiae- pre-paid, addreised as foflws:
Vincent H. Chieffo. State Bar No. 49069
GREENBERG TRAIIRIG. LLP
2450 Colorado Avenue, Site 400E
Santa Monica. CA 90404-5524
Phone: (310)
586-7700
Fax:
(310)
586-7800
ChefV@gtlaw.com
Attornevs for Plaintif John G.
Branca nd John McClain,
Soecial Administrators of the
E'state of Michael J. Jackson.
Triumph International, Inc.
Nina D. Bovaiian. State Bar No. 246415
GREENBERG TRAURIG. LLP
1601 Cloverfield Blvd.. Suite 4000N
Phone:
(310)'586-7700
Fax:
(310)
586-7800
BoyajanN@gtlvv.com
Attorneys for Plaintif John G
Branca nd John McClain.
Special Administrators of ihe
E-state of Michael J. Jackson,
IXI Bv ELECTRONIC FILE TRANSFER TO ECF FILE & SERVE:
Bv trasrittin a true cov of the document(s) listed above for service on all
parties
in this case pur"suant to alicable statutes, lcl rules and/or order of the Couit.
I declare thatl am employed in the office of a member of the bar of this court
at whose direction the service was made.
Executed on November 1, 2011, at Santa Ana, California.
/s/ Kaylene Canaan
Kaylene Canaan
1
PROOF OF SERVICE
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2:09-cv-07084-DMG -PLA Document 293-1 Filed 11101111
#:10568
Page I of 1 Page lD
SERVICE LIST
Branca et 1. vs. Hel the ltorld ,
et al.
Attornevs for Plaintiffs John G.
E'state of Michael J. Jackson,
Vincent H. Chieffo, State Bar No. 49069
GREENBERG TRAURIG. LLP
2450 Colorado Avenue. Site 4008
Phone:
(310)'586 -7700
Fax:
(310)
586-7800
ChieffoV@gtlaw.com
Attornevs for Plaintif John G.
Estate of Michael J. Jackson,
246415
00N
lor L)etendants
ITEAL WORLD
FOUNDATION and
LTNITED FLEET
Steven C. Smt State ljar No. I 16'246
SMITH CLIFFORD
KEARNEY GORE
1800 North Broadway.
Californi'
Suite 200
Santa Ana,
Teleohone:
..
,acstmtle:
92706
t4 550-7720
l4 550-t25r
Email
SERVICE LIST
Exhbt B
From : Gary S Brown

[mailto
:oarysbrown@ca. rr.com
]
Sent: Thursday, March 07,20L3 6:25 PM
To: Boyajian, Nina D. (Assoc-l-A-LT)
Gc: Chieffo, Vincent H. (Shld-l-A-IP-Tech-ENT-LT)
Subject: RE: Estate of MJJ/HTWF
No oppositiou.
6ry S. Brown
The Law Office of 6ary 5. Brown, a Pr,,,
Board Certified - Civil Trials
F18l
293{}9?9 x ?23 Work
p18) 395-3133 Mobile
p18! 293{935 Oiher
garyrbrown@ca,rr.com
I South Fair Oak Avenur, Ste.301
From: BoyajianN@gtlaw.com @
Sent: Thursday, March 07,20L3 3:17 PM
To: garysbrown(ca. rr.com
Cc: ChieffoV@gtlaw.com
Subject: RE: Estate of MJJ/HTWF
Gary, please advise whether Appellants' intend to oppose our request for an extension of time
Tha nks.
From: Boyajian, Nina D. (Assoc-l-A-LT)
Sent Tuesday, March 05, 2013 9:39 AM
To: garysbrown(ca. rr.com
Cc: Chieffo, Vincent H, (Sh ld - LA-IP -Tech- ENT- LT)
Subject: Estate of MJJ/HTWF
Dear Gary,
Respondents will be seeking a 3O-day extension of time to file their Responding Brief, due in part to
the oversize nature of Appellants' Opening Brief.
Please advise whether you intend to oppose our request.
Best regards,
Nina
Nlna D. BoyaJlan
EXHIBIT
V
Associate
Greenberg Traurig, LLP | 1840 Century Park East
Suite 1900 | LosAngetes, CA90067-2'12'l
Tet 310.58.587 | Fax 310.586.0587
BovaiinN@etlew.com I
www.gtlaw.com
GreenbergTraurig
If you are not an intended recipient of confidential and privileged information in this email,
please delete it, notiff us immediately at postmaster@gtlaw.com, and do not use or
disseminate such information. Pursuant to IRS Circular 230, any tax advice in this email may
not be used to avoid tax penalties or to promote, market or recommend any matter herein.

1

9th Circuit Case
Number(s)
11-56926, 11-57048 (Consolidated)
**************************************************************
CERTIFICATE OF SERVICE
All Case Participants are Registered for the Appellate CM/ECF
System
I hereby certify that I electronically filed the foregoing
DECLARATION OF NINA D. BOYAJIAN IN SUPPORT OF
APPELLEES MOTION UNDER CIRCUIT RULE 31-2.2 FOR
EXTENSION OF TIME TO FILE ANSWERING BRIEF FROM
MARCH 27, 2013 TO APRIL 26, 2013 with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate
CM/ECF system on March 12, 2013.
I certify that all participants in the case are registered CM/ECF users
and that service will be accomplished by the appellate CM/ECF system to the
following party(ies):

Gary S. Brown, Esq.
The Law Offices of Gary Brown
1 South Fair Oaks Avenue, Suite 301
Tel: 818-293-0979; Fax: 818-293-0760
Email: garysbrown@ca.rr.com
Counsel for Defendants-Appellants Heal the World Foundation and United
Fleet

Signature
/s/ Nina D. Boyajian


Branca V HTWF - Estate Motion 4 Extension Appellate Court

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LA 130778642 v.

Case 2:09-cv-07084-DMG -PLA Document 293 Filed 11101111 Page 1 of 4 Page lD

From : Gary S Brown

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