Atlantic Recording Corp. v. Chin-Liang Chan

MEMORANDUM *

Chin-Liang Chan, former chief executive officer of CD duplicating company Media Group, Inc., appeals the district court’s summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , 1 and we dismiss the appeal. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Dismissal of this appeal is required because of Chan’s failure to comply with the Federal Rules of Appellate Procedure. He failed to comply with the requirements for preparation of an Excerpt of Record by failing to include in the record a transcript of all evidence relating to the findings and conclusions that he suggested was not supported by the evidence. See Fed. R.App. P. 10(b)(2). Chan’s opening brief failed to state “relevant facts establishing jurisdiction,” as required by Fed R.App. P. 28(a)(4). These deficiencies were not corrected after they were pointed out by Plaintiffs in their answering brief. Thus, dismissal is justified. See, e.g., N/S Corp. v. Liberty Mut. Ins. Co., 127 F.3d 1145, 1146 (9th Cir.1997) (dismissing appeal where defendant noted substantial defects in plaintiffs opening brief and plaintiff did not address those…