Guide to Filing a Brief0001

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GUIDE TO FILING A BRIEFWITH THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CmCUIT

From:

Thomas J. McDermottRobert E. HinerfeldMark E. Goldman

May 18,1998

MANATT, PHELPS & PHILLIPS, LLP11355 Welt Olympic Boulevard, Los Angeles, California 90064 -1614 . 310-312-4000 FAX 310-312-4224

Los Angeles' Washington, D.C .. Nashville


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TABLE OF CONTENTS

I. INTRODUCTION 1II. INITIATING THE APPEAL ...................................... 1

A. Notice of Appeal 1III. THE BRIEF [NCLR 28 and 32] 2

A. Format of Brief 21. Length Restrictions 22. Font [NCLR 32 (b),(c)] 23. Spacing [NCLR 32 (c)] 24. Margins [NCLR 32 (c)] 25. Proper Citation To The Record [NCLR 28-2.8] 36. Cover [FRAP 32(a), NCLR 32(h)] 47. Binding 5

B. Contents of Brief - Appellant's Opening Brief [NCLR 28] 51. Corporate Disclosure Statement [FRAP 26] 52. Table of Contents [FRAP 28(a)(1)] 53. Table of Authorities [FRAP 28(a)(I)] 64. Opinion Below (optional) 65. Statement of Issue/Questions Presented [FRAP 28 (a)(3)] 66. Statement of Jurisdiction [NCLR 28-2.2] 77. Statement of the Case [FRAP 28(a)(4)] 78. Standard of Review [NCLR 28-2.5] 79. Summary of Argument 710. Argument [FRAP 28(a)(6)] 711. Conclusion [FRAP 28(a)(7)] 812. Statement of Related Cases [NCLR 28-2.6] 813. Certificate of Compliance [NCLR 32(e)(4)] 814. Note on Addendum to Briefs [NCLR 28-2.7] 9

C. Contents of Appellee's Responding Brief [FRAP 28 (b)] 9D. Contents of Reply Brief [FRAP 28(c)] : 9


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TABLE OF CONTENTS (cont'd)

E. Final Editing Check List 9F. Filing the Brief 11

1. Where 112. How [NCLR 31-2] 113. Timing [FRAP 31(a)] 114. Copies [NCLR 31-1] 115. Proof of Service 12

IV. EXCERPTS OF RECORD 12A. Purpose [NCLR 30-1.1] 12B. Format [NCLR 30-1.5] 12

1. Volumes 122. Cover 123. Order of Documents and Pagination 134. Tabs 135. Index 13

C. Content. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14D. Supplemental Excerpts of Record ~ 14E. Filing Excerpts of Record/Supplemental Excerpts of Record 14

1. Copies [NCLR 30-1.2] 142. Proof of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

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I. INTRODUCTIONThis memorandum outlines basic substantive and procedural requirements for filing

briefs with the United States Court of Appeals for the Ninth Circuit. It is based on both theFederal Rules of Appellate Procedure ("FRAP") and the Ninth Circuit Local Rules ("NCLR").However, since these rules are frequently amended, it is not intended to replace the need forpractitioners to consult and keep up to date with the rules governing the filing of briefs with theNinth Circuit. If a more substantive discussion of state and federal appellate writing is needed,one should reference Bob Hinerfeld's memorandum on state and federal appeals. Additionally, theauthors of this guide have compiled a number of sample briefs which are located in our library andare available for review.

II. INITIATING THE APPEALA. Notice ofAppeal

To invoke appellate jurisdiction, one must file a notice of appeal. A noticeof appeal in a civil case must be filed in the United States District Courtwithin 30 days after entry of the judgement or order appealed from.However, if the United states or its officer or agency is a party, then anyparty has 60 days in which to notice an appeal. [FRAP 4(a)(1)]

A notice of appeal is very straight-forward. It simply identifies thejudgement or appealable order being appealed and the court to which theappeal is being taken.

The clerk of the trial court will copy the notice and serve it upon all otherparties who have appeared in the action. A fee is payable when the noticeof appeal is filed. Although a notice of appeal may be the one documentthat can be filed without proof of service upon the opponent, service isrecommended.

See FRAP 10(b) and NCLR 10-3.1 for rules regarding the ordering of therecord. This must be done within ten days of filing the notice of appeal.

[See Exhibit A for a sample Notice of Appeal]

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m. THE BRIEF [NCLR 28 and 32]A. Format of Brief

1. ength Restrictions Briefs may not exceed 14,000 words. There is no longer a page

limitation. However, for reference, this is approximately 65 pagesusing a 14 point Roman font. [NCLR 32 (e)(1)]

Reply briefs may not exceed 7, 000 words. This is approximately35 pages using a 14 point Roman font. [NCLR 32(e)(1)]

The Corporate Disclosure Statement, Table of Contents, Table ofCitations, Certificate of Compliance, Statement of Related Casesand any addendum containing statutes, rules, or regulations, is notincluded for purposes of the word count. [NCLR 32 (e)(3)]

Remember that the Court disfavors lengthy briefs; shorter is alwaysbetter.2. Font [NCLR 32 (b),(c)]

14 point Roman. However, the Court will accept any derivative of Romanfont. We typically use New Times Roman.

3. Spacing [NCLR 32 (c)]Double space the brief. Quotations more than two lines long may beindented and singe-spaced, and headings and footnotes may be single-spaced.

4. Margins [NCLR 32 (c)] Left and right margins must be no smaller than 1 inch. Please note

that the left margin should be at least 1.25 inches to allow for velo-binding.

Top and bottom margins must be no smaller than 1 114inch.

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=-,

Note: Always physically measure margins to insure that the brief complieswith the local rules. It is often the case that properly settingmargins on the computer does not result in margins that conform tothe above rule.

5. Proper Citation ToThe Record [NCLR28-2.8]Proper citation to the record requires citing the Court to a separatelybound Excerpts of Record which is tabbed and individually paginated inchronological order. A proper citation should first delineate the volume ofthe Excerpt of Record and then the page number, tab number and docketnumber. The cite should be offset in brackets. In addition to citing to theExcerpts of Record, you may also cite to the original district court clerk'sfile by docket and page number. However, if you include original districtcourt clerk's documents in the Excerpt of Record, then the brief shouldonly cite to the Excerpts of Record. Remember to keep your Excerpts ofRecord as short as possible.Examples oj Excerpts oj Record Citations[II E.R. 1284; Dkt. No. 59; Tab No. 25]This means the referenced document is found at volume two of theexcerpted record on page 1284, the docket number of the document is 59and the reference can be found behind tab number 25 in the Excerpts ofRecord. If it is necessary to cite the Court to a specific paragraph or line,simply note this after the page number and before the docket number.Example[I E.R. 1284 ~ 3; Dkt. No. 59, Tab No. 25] adds a paragraph cite.[I E.R. 1284: 3- 12; Dkt. No. 59, Tab No. 25] adds line citations.Note:

It is important to include a footnote explaining your citation format to theCourt. A footnote should be inserted at your first citation to the Excerptof Record or to the Clerk's docket in the district court.

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Sample Footnote:11 Individual pages are cited by volume number and page

number, e.g.~,I E.R. 101 is volume one of the Excerpts ofRecord page 101. This is followed with the docket number[Dkt. No.] and a tab number [Tab No.] reference to theE.R. Documents in the district court clerk's file which arenot included in the Excerpts of Record are cited to thedocket number in the district court's file followed by thepage and line or paragraph number.

6. Cover [FRAP 32(a), NCLR 32(h)] Appellant cover sheets are printed on blue cardstock paper. The cover of Appellee's answering brief is printed on redcardstock paper. Reply cover sheets are printed on grey cardstock paper. Back cover sheets are the same color as the cover and are blank. Remember to include a regular white copy of the cover page as the

first page following the colored cardstock cover.Cover should include:

Name of court and number of the case Title of the case Nature of the proceeding (appeal or writ) Name of the court, agency or board below Title of the document (opening or reply brief for appellant

or appellee) Name and address of counsel representing the party filing

the brief Though not required, it is a good idea to include counsel's

phone number, fax number, and e-mail address.

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Note: If a Corporate Disclosure Statement is required (see below) itshould be printed on the inside of the red, blue, or grey cardstockcover because FRAP 26.1 requires that it precede the table ofcontents.

[See Exhibit B for sample brief cover}7. Binding

The Firm's standard practice is to velo-bind its Ninth Circuit briefs andExcerpts volumes on the left margin. Omit optional transparent cover.Tabbed divider pages should have the tabs on the right rather than thebottom of the divider.

B. Contents of Brief - Appellant's Opening Brief [NCLR 28]1. Corporate Disclosure Statement [FRAP 26]

Any non-governmental corporate party to a civil or bankruptcy case oragency review proceeding and any non-governmental corporate defendantin a criminal case must file a statement identifying "all parent companies,subsidiaries (except wholly-owned subsidiaries), and affiliates that haveissued shares to the public." This statement allows members of the Courtto readily evaluate whether a conflict of interest exists requiring recusal.FRAP 26.1 requires that the Corporate Disclosure Statement be filed withthe party's first substantive pleading whether moving papers or the party'sprincipal brief and must be repeated in the brief.If a Corporate Disclosure Statement is required, it must precede the tableof contents. Therefore, it should be printed on the inside of the red, blue,or grey card stock cover.[See Exhibit Cfor sample corporate disclosure statement}

2. Table of Contents [FRAP 28(a)(1)]a. The Court will often review this section first as an outline of your

argument; point headings must be succinct and persuasive.b. Check page number references in the Table for accuracy when you

have finished the brief. Directing the Court to the wrong locationwill diminish the credibility of the brief and annoy the reader.

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c. Remember to include references to the Corporate DisclosureStatement, Statement of Related Cases, Certificate of Compliance,Addendum to Brief, and Proof of Service By Mail (Proof of Serviceis not paginated).

3. Table of Authorities [FRAP 28(a)(1)]a. This is a complete list of all authorities cited in the briefb. As with the Table of Contents, check the accuracy of each authority

cited.c. Organize the authorities in the Table into case law, constitutions,

statutes, rules, and secondary authorities. In addition, subdivide the .case law into cases decided by the US. Supreme Court, US.Courts of Appeals, US. District Courts, and then state courts indescending order of authority.

4. Opinion Below (optional)This section is often included in a brief since the Court likely will want toread the opinion of the court below in its consideration of the appeal. Thissection simply cites the Court to the official reporter if the case wasreported or to a transcript or Excerpt of Record in the event the opinionwas not published.

5. Statement of Issue/Questions Presented [FRAP 28 (a)(3)]Each issue or question should be concise, usually in one sentence, phrasedin the form of a question. This section is important because it is the firstpersuasive section of the brief

Example

Bad: Does drug testing violate the Fourth Amendment?Good: Does drug testing taken without consent, probable cause, or

confidentiality agreements violate the Fourth Amendment wherethere is no special need for such testing?

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6. Statement of Jurisdiction [NCLR 28-2.2]The statement of jurisdiction cites the statutes and applicable factsconferring jurisdiction upon the Ninth Circuit to hear the appeal.Remember, unlike the state courts, the district and circuit courts of theUnited States are courts of limited rather than general jurisdiction.

7. Statement of the Case [FRAP 28(a)(4)]This is an accurate and persuasive account of the case. It introduces theparties and their dispute as well as the procedural history of the case andthe relief sought followed by a statement of the facts relevant to the issuespresented for review with appropriate reference to the record. The factstatement usually is the most important section in an appellate brief Thesufficiency and precision of the record references for each fact andawareness of the applicable rule on which side's evidence is presumedcorrect on appeal are initial to creating an effective statement of facts. Awell-crafted Statement of the Case should grab the reader's attention andmake her want to rule in your favor. This is your best chance to prejudicethe reader to your cause for bringing the appeal.

8. Standard of Review [NCLR 28-2.5]This section cites the appropriate standard of review the Court mustemploy in reviewing the case, citing proper authority therefor.

9. Summary of ArgumentLike the Table of Contents and the Questions Presented, the Court mayreview this section for a succinct overview of your arguments.In a few concise paragraphs, tell the Court why your client should win theappeal, identifying the main parts of the brief without simply restating theargument headings.

10. Argument [FRAP 28(a)(6)]This is the fundamental section of the brief. Here, the practitioner setsforth the confrontation, legal analysis, and supporting authority.Remember to phrase the headings in this section as argumentativeassertions that clearly state the essential point being made.

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Nate: The Court strongly dislikes the repetitive use of referring to partiesas "appellant" and "appellee." It prefers designations used in thelower court or the actual names of the parties, or descriptive termssuch as "the employee," "the injured person," etc. [FRAP 28(d)]

11. Conclusion [FRAP 28(a)(7)]This section should be no more than a couple of sentences stating theprecise relief sought.

12. Statement of Related Cases [NCLR 28-2.6]This mandatory section states whether there are related cases pending.Remember to date and sign this section if it is included as a separate pageinsert. This statement must appear on the last page of a party's initial briefExamples of Text of Statement of Related Cases Pursuant to NCLR 28-2.6, the undersigned states that to its

knowledge, there are no related cases pending in this Court. This action has not previously been before this Court or any other

appellate court under the same or similar title. The followingpending cases may be directly affected by the Court's decision onthis appeal:1) Yukiyo, Ltd v. X-L Dental Carp, No. C-93-20191 JW

(N.D. Cal.) is the subject of this appeal. Yukiyo'sinfringement claims have been stayed pending thisdisposition of Defendant's invalidity claim.

2) Yukiyo, Ltd. v. Technique Dental Ceramics, Inc.,No. 93-3805. This infringement action, brought againstanother Defendant, is stayed pending disposition ofDefendant's invalidity claim.

13. Certificate of Compliance [NCLR 32(e)(4)]This mandatory section states that the brief is proportionately spaced, andindicates the type face, point size, and word count. Remember to date andsign this section if it is included as a separate page insert.

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Example of Text of Certificate of CompliancePursuant to Ninth Circuit Rule 32(e)(4) the undersigned states that thisbrief is proportionally spaced, the typeface is Roman 14 pt. and the wordcount is 9136.

14. Note on Addendum to Briefs [NCLR 28-2.7]If determination of the issues presented requires the study of statutes,regulations or rules, relevant parts thereof shall be reproduced in anaddendum at the end of a party's brief The addendum should be separatedfrom the briefby a distinctively colored page.

C. Contents of Appellee's Responding Brief [FRAP 28 (b)]

The brief of the appellee mirrors the brief of the Appellant except that none offollowing sections need appear unless the appellee is dissatisfied with the statementof the appellant:

a. the jurisdictional statement;b. the statement of the issues;c. the statement of the case (including a statement offacts);d. the statement of the standard of review.

However, it is generally a better idea to include these sections in the Appellee'sbrief so that it is a self-contained document. Some judges read this brief first.

D. Contents of Reply Brief [FRAP 28(c)]The basic reply brief shall contain a table of contents, with page references, and atable of cases (alphabetically arranged) statutes and other authorities cited, withreferences to the pages of the reply brief where they are cited. Some judges readthis brief first on the assumption that the first two briefs of the parties will havecrystallized to genuine issues to be decided.

E. Final Editing Check List

1. Check to see if the brief is complete. It should include:a. Corporate Disclosure Statement (if required)b. Table of Contentsc. Table of Authoritiesd. Opinion Below (not requiredlbut recommended)

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1.j.k.l .m.n.

e .fg.h.

Statement ofIssue / Questions PresentedStatement of JurisdictionStatement of CaseSummary of ArgumentArgumentConclusionStatement of Related CasesCertificate of ComplianceProof of ServiceAddendum to Brief (if applicable)

2. Edit for content, persuasiveness, grammar, syntax, and writing style. Tryto have an intelligent non-lawyer read your edited brief for comprehensionand persuasiveness.

3. Spell-check the document.4. Check to see that the table of contents and the table of authorities cites the

Court to the correct pages of the brief5. Check all references made to the record to ensure for 100% accuracy.6. "Shepardize" or Key Cite all authorities cited in the brief. Because the

Shepard's system is updated only semi-annually, it is imperative that oneutilize either Westlaw or Lexis' electronic cite checking services since theseservices are updated every 48 hours. West's key cite system is updated inreal time with entry of new authorities into the Westlaw database.Note: Remember.just because a case states law which could by itself

support your argument does not mean it is persuasive or should becited. Check to see if the facts, outcome, and reasoning employedby the court should persuade a judge to rule in your client's favor.

7. Check all jump cites in the brief for accuracy. Each case cited should citethe Court to the specific page of the official reporter you are citing. Citingthe court to a case in its entirety should be avoided.

8. Sign and stamp "ORIGINAL" on the original brief.

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F. Filing the Brief1. Where

Briefs must be filed in San Francisco at the following address:U.S. Court of Appeals for the Ninth CircuitOffice of the Clerk95 Seventh Street, P.O. Box 193939San Francisco, CA 94119-3939

2. How [NCLR31-2]Filing may be done by physical delivery to the Court Clerk's office in SanFrancisco or by first class mail. In the latter case, the filing date is deemedthe date of such mailing. When filing is done by mail, the proof of serviceof copies of the brief and any Excerpts of Record shall also state the dateand manner of mailing or dispatch to the clerk. [FRAP 25(d)].

3. Timing [FRAP 31(a)]Opening Brief: Appellant is given 40 days from the presumed date

of the filing of the certificate of record in districtcourt to file its opening brief.

Answering Brief: The answering brief is due 30 days after the due datefor appellant's opening brief.Reply Brief: The due date for the optional reply brief is within

14 days after service of appellee's answer brief.4. Copies [NCLR 31-1]

An original and 15 copies of the brief must be filed with the Court.If a suggestion for hearing or rehearing en bane is granted, eachparty shall file 20 additional copies.

Remember to stamp the original pleading "ORIGINAL." In addition, two copies must be served on counsel for each party

separately represented.

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5. Proof of ServiceA Federal Proof of Service notice must be signed and dated and appear asthe last page of the brief. While it is not numbered, it is a good idea toinclude a reference to it in the table of contents.{See Exhibit D for sample1

IV. EXCERPT OF RECORDA. Purpose [NCLR 30-1.1]

The purpose of the Excerpts of Record is to provide each member of the panelwith those portions of the record necessary to reach a decision. The Court is notinterested in the entire record because (1) the Ninth Circuit may have the entireClerk's file in the district court delivered to the Ninth Circuit, and often does; and(2) a separately bound condensed excerpted record makes review of the case moremanageable. For example, a concise Excerpts of Record enables a circuit judge toreview the brief and the record while traveling or at home. Therefore, in order tomake it succinct and portable, it is essential to include only documents cited in thebrief which a careful judicial reader most likely would be interested to see. Lesscritical court documents cited in the brief may be cited to the district court clerk'sfile by clerk's docket number and page and line or page and paragraph numbers.[NCLR 30-l.4]. Sanctions may be imposed by the court for inclusion of too muchor too little in the Excerpt of Record. [NCLR 30-2].

B. Format [NCLR 30-1.5]1. Volumes

In the unusual case where the total number of pages of the excerpts exceed300 pages, multiple volumes of the Excerpts of Record must be filed. Eachvolume must be consecutively numbered and contain 300 pages or less.

2. Cover The front and back cover of the Excerpts or Record must be tan

card stock paper. The information on the front cover of the Excerpts of Record

should be styled exactly as the cover of the brief except that thewording "Excerpts of Record" should be substituted for "Brief ofAppellant. "

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The first page appearing after the tan cardstock is an Identical coversheet printed on regular white paper.

[See Exhibit Efor sample cover}3. Order of Documents and Pagination

The documents in the excerpts should be arranged by file date inchronological order with the earliest document file date on top.

Each individual page must be consecutively numbered starting withthe number 1.

Remember, since last minute changes are common, always numberthe pages of the Excerpts of Record last.4. Tabs

Right margin numbered tabs should be used to separate eachdocument in the Excerpts of Record.

5. Index The excerpts must begin with an index organized chronologically

describing the documents in the Excerpts of Record and indicatingthe docket number of each document referenced.

Example of Index:

APPELLANT JOHN DOE'S EXCERPTS OF RECORDVolume I and IT

Tab No. DocumentPage No.Volume No.

1 Complaint for Breach ofContract Filed October 16,1996. (Docket No.1)Answer of Defendant JohnDoe, filed January, 29,1997.(Docket No. 10)

000001 - 000057Vol. I

2 000058 - 000067Vol. I

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C. Content1. The documents which comprise the Excerpts of Record need not be

certified as true copies, but if possible, the district court or agency's "filed"stamp should appear on each document. [NCLR 30-1.5]

2. See Ninth Circuit Local Rule 30-1.3 for a list of excerpts that must beincluded in the record.

3. The trial court docket sheet should always be the last document in theExcerpts of Record. [NCLR 30-1.5]

D. Supplemental Excerpts of Record [NCLR 30-1.6]If the appellee believes that the Excerpts of Record filed by the appellantexcluded items which are required under the FRAP or NCLR or ifargument in the answering brief requires review of documents not includedin the appellant's Excerpts of Record, the appellee can file its ownSupplemental Excerpts of Record comprised of the omitted items.

E. Filing Excerpts of Record/Supplemental Excerpts of RecordThe Excerpt of Record is filed with the brief.

4. Copies [NCLR 30-1.2] The appellant must file five copies of the Excerpts of Record and

must serve one copy of the Excerpts on each of the other parties. Ifa suggestion for hearing or rehearing en bane is granted, each partymust file 20 additional copies of the Excerpts of Record.

5. Proof of Service A Federal Proof of Service should be signed and dated and appearas the last page of the Excerpts of Record.

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THOMAS J. MCDERMOTI, JR. (State Bar No. 29273)MANATI, PHELPS & PHILLIPS, LLP11355 West Olympic BoulevardLos Angeles, -CA 90064-1614Telephone: (310) 312-4000 :;il---~r---::::::---MARK B. CHASSMAN (State Bar No. 119ffl8))i Pd ----::0.. . . .---.STAN K. YANG (State Bar No. 121757) FrmsGvn----" ....----:::'>"'"--1CHASSMAN, YANG & SEELIG, LLP CAD ~- ~~=-333 South Grand Avenue, 33rd Floor TOO -- ::::;...._---Los Angeles, California 90071-3193Telephone: (213) 626-6700 Ntc/Dkt MId -----FP Frms Gvn _Attorneys for Defendant PHILLIP YANG.... _" ...- .. ' .-... ~.. '''.~;'.'M.~~

U N I T E DS ~ : : ~ ~ ~ C " f >: - U R ~ ~ ~ ' - O R I G I N A L

12 .' - . . "3 .n 251997456789

10 CENTRAL DISTRICT OF CALIFORNIAWESTERN DIVISION1

1213 MANCIPLE LIMITED, a Hong Kong )corporation, )14 ))15 Plaintiff, ))16 v. ))17 EDWARD YANG, an individual; and . )PHILLIP YANG, an individual, )18 )Defendants. )19 ))2021

Case No. CV 96-7226 JSL (Ex)

DEFENDANT PHILLIP YANG'SNOTICE OF APPEAL TO THEUNITED STATES COURT OF APPEAFOR THE NINTH CIRCUIT

22 Defendant Phillip Yang hereby appeals to the United States Court of Appeals for the23 Ninth Circuit from the Order and Judgment Re: Plaintiff's Renewed Motion for Partial24 Summary Judgment on Plaintiff's First Claim for Relief (Breach of Contract) entered in this2526 ///27 ///28 ///

\P. Y cncs OF APPEAL


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3

2

1 case on July 10, 1997, and all previously entered interlocutory orders and decisions of the2 District Court.

4 Thomas J. McDermott, Jr.MANATT, PHELPS & PHILLIPS, LLP5 DATED: July 25, 19976789

10111213141516

171819202122232425262728

Mark B. Chassman .: ~ r ; ; ; ; ; ; ; J 1 G .Attorneys for Defendant andAppellant

001288\P.Y O'l1CEOF APPEAl.


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.,

No. 97-56163(C.D.Cal. No. CV 96-07226 JSL (Ex)

In TheUNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MANCIPLE LIMITED, a Hong Kong corporationAppellee, Plaintiff

vs.EDWARD YANG, an individual

Non-Appellant, DefendantPHILLIP YANG, an individual

Appellant, Defendant

Appeal from the United States District Court for the Central District of California,Hon. J. Spencer Letts, United States District Judge

BRIEF FOR APPELLANT PHILLIP YANGTHOMAS J. McDERMOTT (State Bar No. 29273)ROBERT E. HINERFELD (State Bar No. 30148)

MANA IT, PHELPS & PHILLIPS, LLP11355 West Olympic BoulevardLos Angeles, California 90064Telephone: (310) 312-4000

MARK B. CHASSMAN (State Bar No. 119619)STAN K. YANG (State Bar,No. 121757)CHASSMAN , YANG & SEELIG, LLP333 South Grand Avenue, 33rd FloorLos Angeles, California 90071Telephone: (213) 626-6700

Attorneysfor Appellant and Defendant Phillip Yang


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CERTIFICATE AS TO INTERESTED PARTIES/Case No. 8 8 - 6 o f l ' - ;

AMERICAN SPECIFIC FINANCE, INC.,Appellant, Plaintiff,

VS.

CHRISTOPHER SCLIMENTI, an individual,Appellee, Defendant.

Plaintiff -Appellant American Specific Finance, Inc. has no parent, subsidiariesor affiliates that have issued shares of stock to the public other than as follows:

American Specific Finance Inc.'s parent company, American SpecificCorporation, and American Specific Finance, Inc.'s subsidiaries, American SpecificCapital, L.L.C. and American Specific Delaware, L.L.C., have issued shares of stockto the public.DATED: January 26, 1998 MANATT, PHELPS & PIDLLIPS

ROBERT E. HINERFELD

By: _Robert E. HinerfeldAttorney for AppelleeAMERICAN SPECIFIC FINANCE,INC.


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CERTIFICATE AS TO {NTERESTED PARTIESCase Nos. 88-6021 and 88-5834

HAMILTON COPPER & STEEL CORPORATION, a California corporation,,\ )JJJdllllIL P laintiff, and C ounter-D efendant

V5.

PRIMARY STEEL, INC., a Connecticut corporation,Apptl l~e. Deiendant, a nd C ou nte r-C la im an t.

The undersigned, counsel of record for HAMILTON COPPER & STEELCORPORATION, certifies that there are no known interested parties other thanthose participating of record in the case.

DATED: March 13, 1989.ROBERT E. HINERFELDLAURIE L. SORIANOMANATI, PHELPS, ROTHENBERG

& PHILLIPS

ROBERT E. HINERFELD .AttonI!:Y!> for /\ppdlant, P lain tiff, andCO Z I I I icr- 0cicnd an tHAMILTO7\!COPPER & STEELCORPORATION


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FEDERAL PROOF OF SERVICE BY MAILSTATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California, in the office of anattorney admitted to the Bar of or permitted to practice before this court, and that service wasmade at that attorney's direction or shall comply with the requirements of state law for proofof service by mail. I am over the age of 18 and not a party to the within action; my businessaddress is 11355 West Olympic Boulevard, Los Angeles, California 90064-1614.

On November 9, 1997, I served two (2) true copies of the foregoing documentdescribed as BRIEF FOR APPELLANT PHILLIP YANG on the interested parties in thisaction addressed as stated on the attached mailing list.

I am "readily familiar" with the firm's practice of collection and processingcorrespondence for mailing. Under that practice it would be deposited with U.S.Postal Service on that same day with postage thereon fully prepaid at Los Angeles,California in the ordinary course of business. I am aware that on motion of the partyserved, service is presumed invalid if postal cancellation date or postage meter date ismore than one day after date of deposit for mailing in affidavit.

Executed on November 9, 1997, at Los Angeles, California.

I declare under penalty of perjury under the laws of the United States of America thatthe above is true and correct.

(Type or print Narne) Signature

Proofst-39%

Recycled & Recyclable Paper Page I


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No. 97-56163(C.D.Cal. No. CV 96-07226 JSL (Ex)

In TheUNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT

" . , .. .

Appellee, PlaintiffMANCIPLE LIMITED, a Hong Kong corporation

vs.EDWARD YANG, an individual

Non-Appellant, DefendantPHILLIP YANG, an individual

Appellant, Defendant

Appeal from the United States District Court for the Central District of California,Hon. 1. Spencer Letts, United States District Judge

APPELLANT PHILLIP YANG'S EXCERPT OF RECORDVOLUME IV OF VITHOMAS J. McDERMOTT (State Bar No. 29273)ROBERT E. HINERFELD (State Bar No. 30148)MANATT, PHELPS & PHILLIPS, LLP11355West Olympic BoulevardLos Angeles, California 90064Telephone: (310) 312-4000MARKB. CHASSMAN (State Bar No. 119619)STANK. YANG (State Bar No. 121757)CHASSMAN , YANG& SEELIG, LLP

333 South Grand Avenue, 33rd FloorLos Angeles, California 90071Telephone: (213) 626-6700

Attorneys for Appellantand Defendant PhillipYang

Date post:	30-May-2018
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