Roscoe Walker v. Ford Motor Co.
| ROSCOE WALKER |
| FORD MOTOR COMPANY |
| 17-15666 |
| April 10, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 52 MANDATE ISSUED.(MDS, JHN and MJB) [11311360] (RL) [Entered: 05/29/2019 08:59 AM] |
| Filing 51 Filed order (MILAN D. SMITH, JR., JACQUELINE H. NGUYEN and MARK J. BENNETT) The panel has voted to deny the petition for panel rehearing and to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are denied. [11303895] (WL) [Entered: 05/21/2019 09:19 AM] |
| Filing 50 Filed (ECF) Appellant Roscoe Walker petition for panel rehearing and petition for rehearing en banc (from 04/09/2019 memorandum). Date of service: 04/23/2019. [11274555]--[COURT ENTERED FILING to correct entry [49].] (RY) [Entered: 04/23/2019 05:08 PM] |
| Filing 49 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Petition refiled using correct filing type in Entry: [ # 50 ]. Original Text: Filed (ECF) Appellant Roscoe Walker petition for rehearing en banc (from 04/09/2019 memorandum). Date of service: 04/23/2019. [11274544] [17-15666] (Carcione, Joseph) [Entered: 04/23/2019 04:58 PM] |
| Filing 48 FILED MEMORANDUM DISPOSITION (MILAN D. SMITH, JR., JACQUELINE H. NGUYEN and MARK J. BENNETT) AFFIRMED. FILED AND ENTERED JUDGMENT. [11257340] (MM) [Entered: 04/09/2019 09:21 AM] |
| Filing 47 Filed order (MILAN D. SMITH, JR., JACQUELINE H. NGUYEN and MARK J. BENNETT) Ford Motor Companys request for judicial notice (docket entry no. [ # 19 ]) is DENIED as moot. [11257333] (MM) [Entered: 04/09/2019 09:19 AM] |
| Filing 46 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [11131752] (BJK) [Entered: 12/21/2018 05:01 PM] |
| Filing 45 ARGUED AND SUBMITTED TO MILAN D. SMITH, JR., JACQUELINE H. NGUYEN and MARK J. BENNETT. [11130376] (ER) [Entered: 12/21/2018 11:41 AM] |
| Filing 44 Added attorney Joshua S. Markowitz for Roscoe Walker, in case 17-15666. [11103464] (RR) [Entered: 11/29/2018 01:50 PM] |
| Filing 43 Filed (ECF) notice of appearance of Joshua S. Markowitz for Appellant Roscoe Walker. Date of service: 11/29/2018. [11103426] [17-15666] (Markowitz, Joshua) [Entered: 11/29/2018 01:39 PM] |
| Filing 42 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 43 ]. Original Text: Filed (ECF) notice of appearance of Joshua S. Markowitz for Appellant Roscoe Walker. Date of service: 11/29/2018. [11102875] [17-15666] (Carcione, Joseph) [Entered: 11/29/2018 10:19 AM] |
| Filing 41 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 40 ]. Original Text: Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Joseph W. Carcione, Jr., Esquire for Appellant Roscoe Walker. [11102423] [17-15666] (Carcione, Joseph) [Entered: 11/28/2018 05:03 PM] |
| Filing 40 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Joseph W. Carcione, Jr., Esquire for Appellant Roscoe Walker. [11102375] [17-15666]--[COURT UPDATE: Attached corrected PDF of notice. 11/28/2018 by RY] (Carcione, Joseph) [Entered: 11/28/2018 04:35 PM] |
| Filing 39 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Amir Nassihi, Esquire for Appellee Ford Motor Company. [11101548] [17-15666] (Nassihi, Amir) [Entered: 11/28/2018 11:10 AM] |
| Filing 38 Notice of Oral Argument on Friday, December 21, 2018 - 9:00 am - Courtroom 4 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form and within 21 days of Friday, December 21, 2018, file the completed form via Appellate CM/ECF. [11038016] (AW) [Entered: 10/07/2018 06:16 AM] |
| Filing 37 Filed (ECF) Appellant Roscoe Walker Correspondence: Availability for Oral Argument. Date of service: 08/31/2018 [10997589] [17-15666] (Carcione, Joseph) [Entered: 08/31/2018 11:40 AM] |
| Filing 36 Filed (ECF) Appellee Ford Motor Company Correspondence: regarding availability for oral argument. Date of service: 08/30/2018 [10996968] [17-15666] (Nassihi, Amir) [Entered: 08/30/2018 05:24 PM] |
| Filing 35 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for December 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10991422] (AW) [Entered: 08/27/2018 03:51 PM] |
| Filing 34 Filed (ECF) Appellee Ford Motor Company Correspondence: regarding availability for oral argument. Date of service: 06/22/2018 [10919749] [17-15666] (Nassihi, Amir) [Entered: 06/22/2018 05:11 PM] |
| Filing 33 Added attorney Amir Nassihi for Ford Motor Company, in case 17-15666. [10919713] (JFF) [Entered: 06/22/2018 05:00 PM] |
| Filing 32 Filed (ECF) notice of appearance of Amir Nassihi for Appellee Ford Motor Company. Date of service: 06/22/2018. [10919702] [17-15666] (Nassihi, Amir) [Entered: 06/22/2018 04:57 PM] |
| Filing 31 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for October 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10916465] (AW) [Entered: 06/20/2018 04:41 PM] |
| Filing 30 Received 7 paper copies of Reply Brief [ # 28 ] filed by Roscoe Walker. [10864744] (RG) [Entered: 05/08/2018 07:38 AM] |
| Filing 29 Filed clerk order: The reply brief [ # 28 ] submitted by Roscoe Walker is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10857601] (KWG) [Entered: 05/01/2018 02:26 PM] |
| Filing 28 Submitted (ECF) Reply Brief for review. Submitted by Appellant Roscoe Walker. Date of service: 04/30/2018. [10855665] [17-15666] --[COURT UPDATE: Attached corrected brief. 5/1/2018 by TYL] (Carcione, Joseph) [Entered: 04/30/2018 02:22 PM] |
| Filing 27 Filed clerk order (Deputy Clerk: LBS): Appellants late unopposed motion [ # 26 ] for a third extension of time to file the reply brief is granted. The reply brief is due April 30, 2018. [10827662] (LBS) [Entered: 04/06/2018 02:06 PM] |
| Filing 26 Filed (ECF) Appellant Roscoe Walker Motion to extend time to file Reply brief until 04/30/2018. Date of service: 04/05/2018. [10826389] [17-15666] --[COURT UPDATE: Updated docket text to reflect content of filing. 4/5/2018 by TYL] (Carcione, Joseph) [Entered: 04/05/2018 03:37 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: LBS): Appellants late motion [ # 24 ] for a second extension of time to file the reply brief is granted. The reply brief is due April 9, 2018. [10796980] (LBS) [Entered: 03/13/2018 03:43 PM] |
| Filing 24 Filed (ECF) Appellant Roscoe Walker Motion to extend time to file Reply brief until 04/09/2018. Date of service: 03/08/2018. [10790894] [17-15666] (Carcione, Joseph) [Entered: 03/08/2018 10:57 AM] |
| Filing 23 Streamlined request [22] by Appellant Roscoe Walker to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 03/08/2018. [10750049] (Witt, Dusty) [Entered: 02/02/2018 03:20 PM] |
| Filing 22 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Roscoe Walker. New requested due date is 03/08/2018. [10749923] [17-15666] (Carcione, Joseph) [Entered: 02/02/2018 02:32 PM] |
| Filing 21 Received 7 paper copies of Answering Brief [ # 18 ] filed by Ford Motor Company. [10730321] (RG) [Entered: 01/19/2018 10:27 AM] |
| Filing 20 Filed clerk order: The answering brief [ # 18 ] submitted by Ford Motor Company is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10728078] (KWG) [Entered: 01/17/2018 04:48 PM] |
| Filing 19 Filed (ECF) Appellee Ford Motor Company Motion to take judicial notice of (1) Roscoe Walkers opposition to Fords motion to dismiss his state court appeal, and (2) The California Court of Appeals order, entered March 1, 2017, granting Fords motion to dismiss and dismissing Roscoe Walkers appeal.. Date of service: 01/16/2018. [10727977] [17-15666] (Gregory, Patrick) [Entered: 01/17/2018 04:21 PM] |
| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellee Ford Motor Company. Date of service: 01/16/2018. [10725828] [17-15666] --[COURT UPDATE: Attached corrected brief and removed motion (informed counsel to refile). 1/17/2018 by TYL] (Gregory, Patrick) [Entered: 01/16/2018 02:37 PM] |
| Filing 17 Streamlined request [16] by Appellee Ford Motor Company to extend time to file the brief is approved. Amended briefing schedule: Appellee Ford Motor Company answering brief due 01/16/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10679815] (JN) [Entered: 12/06/2017 08:31 AM] |
| Filing 16 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Ford Motor Company. New requested due date is 01/16/2018. [10679702] [17-15666] (Gregory, Patrick) [Entered: 12/05/2017 05:50 PM] |
| Filing 15 Filed 4 paper copies of excerpts of record [ # 12 ] in 4 volume(s) filed by Appellant Roscoe Walker. [10665188] (KWG) [Entered: 11/22/2017 03:11 PM] |
| Filing 14 Received 7 paper copies of Opening Brief [ # 11 ] filed by Roscoe Walker. [10664862] (DB) [Entered: 11/22/2017 01:40 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 11 ] submitted by Roscoe Walker is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the excerpts of record [ # 12 ] submitted by Roscoe Walker. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10661708] (SML) [Entered: 11/20/2017 04:40 PM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellant Roscoe Walker. Date of service: 11/17/2017. [10658517] [17-15666]--[COURT UPDATE: Backdated entry to reflect correct filing date. 11/20/2017 by SLM] (Carcione, Joseph) [Entered: 11/17/2017 11:19 AM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Roscoe Walker. Date of service: 11/15/2017. [10655896] [17-15666]--[COURT UPDATE: Attached corrected brief and removed excerpts of record (filed correctly in entry [ # 12 ]). 11/20/2017 by SLM] (Carcione, Joseph) [Entered: 11/15/2017 04:40 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 9 ] (ECF Filing) to extend time to file brief. Appellant Roscoe Walker opening brief due 11/15/2017. Appellee Ford Motor Company answering brief due 12/15/2017. The optional reply brief is due 21 days after service of the answering brief. [10615501] (TH) [Entered: 10/12/2017 01:22 PM] |
| Filing 9 Filed (ECF) Appellant Roscoe Walker Motion to extend time to file Opening brief until 11/15/2017. Date of service: 10/10/2017. [10611415] [17-15666] (Carcione, Joseph) [Entered: 10/10/2017 01:13 PM] |
| Filing 8 Streamlined request [7] by Appellant Roscoe Walker to extend time to file the brief is approved. Streamlined requests allow for a 30-day extension of time to file the brief. Amended briefing schedule: Appellant Roscoe Walker opening brief due 10/16/2017. Appellee Ford Motor Company answering brief due 11/15/2017. The optional reply brief is due 21 days from the date of service of the answering brief. [10573752] (JN) [Entered: 09/08/2017 08:22 AM] |
| Filing 7 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Roscoe Walker. New requested due date is 10/13/2017. [10573217] [17-15666] (Carcione, Joseph) [Entered: 09/07/2017 02:58 PM] |
| Filing 6 Filed order (Appellate Commissioner): On April 20, 2017, this court issued an order to show cause why this appeal should not be dismissed for lack of jurisdiction because an order dismissing a complaint with leave to amend is not final or appealable. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc). A review of the record and appellants responses to this courts order reflects that on May 5, 2017, appellant filed a notice of election not to amend the complaint in the district court. The district court then entered judgment on May 10, 2017. Accordingly, the order to show cause is discharged. See Fed. R. App. P. 4(a)(2); Hall v. N. Am. Van Lines, Inc., 476 F.3d 683, 686 (9th Cir. 2007) (deeming a premature appeal from a dismissal with leave to amend to have been taken from the final judgment where the district court entered judgment after the plaintiff declined to amend) (citing Fed. R. App. 4(a)(2)). The opening brief and excerpts of record are due September 14, 2017; the answering brief is due October 16, 2017; and the optional reply brief is due within 21 days after service of the answering brief. (MOATT) [10522897] (OC) [Entered: 07/26/2017 04:49 PM] |
| Filing 5 Filed (ECF) Appellant Roscoe Walker response to order to show cause dated 05/11/2017. Date of service: 05/11/2017. [10430672] [17-15666] (Carcione, Joseph) [Entered: 05/11/2017 10:34 AM] |
| Filing 4 Filed (ECF) Appellant Roscoe Walker response to order to show cause dated 05/10/2017. Date of service: 05/10/2017. [10429345] [17-15666] (Carcione, Joseph) [Entered: 05/10/2017 01:10 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: KML): A review of the record suggests that this court may lack jurisdiction over the appeal because the order challenged in the appeal does not appear to be final or appealable. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [10404097] (OC) [Entered: 04/20/2017 10:48 AM] |
| Filing 2 Filed (ECF) Appellant Roscoe Walker Mediation Questionnaire. Date of service: 04/17/2017. [10399407] [17-15666] (Carcione, Joseph) [Entered: 04/17/2017 05:09 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/17/2017. Transcript ordered by 05/08/2017. Transcript due 06/06/2017. Appellant Roscoe Walker opening brief due 07/17/2017. Appellee Ford Motor Company answering brief due 08/15/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. [10389344] (JMR) [Entered: 04/10/2017 09:00 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
