M2 Software Inc. v. Madacy Entertainment

463 F.3d 870 M2 SOFTWARE INC., a Delaware corporation, Plaintiff-Appellant, v. MADACY ENTERTAINMENT, a corporation e/s/a Madacy Entertainment Group, Inc.; Handleman Company, a corporation; SFX Entertainment, a corporation, Defendants-Appellees. No. 03-55957. United States Court of Appeals, Ninth Circuit. August 21, 2006. Toula Arvanitis-Dalpe, Law Office of Toula Arvanitis-Dalpe, Anaheim Hills, CA, for Plaintiff-Appellant. Robert H. Rotstein, Esq., McDermott, Will & Emery, Los Angeles, CA, for Defendants-Appellees. Before HARRY PREGERSON, WILLIAM C. CANBY, JR., and ROBERT R. BEEZER, Circuit Judges. ORDER 1 Appellant M2 Software's motion to recall the mandate and vacate the opinion in the above case is DENIED. M2 Software's request that the recusal motion be assigned to a new panel is DENIED. Madacy Entertainment's motion for sanctions against M2 Software is also DENIED. 2 PREGERSON, Circuit Judge, specially concurring: 3 I concur in the court's order. 4 To set the matter straight, at the time this case was assigned to this panel and at the time we decided it, I owned an equitable interest in Time Warner. Time Warner was not a party to the suit. Unbeknownst to me, Time Warner…