Facebook, Inc. v. Steven Vachani
| FACEBOOK, INC., a Delaware corporation |
| STEVEN VACHANI |
| 13-16795 |
| September 6, 2013 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 15, 2014. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 MANDATE ISSUED. (BGS, KMW and JSB) [8902280] (RL) |
| Filing 8 Filed order (BARRY G. SILVERMAN, KIM MCLANE WARDLAW and JAY S. BYBEE) A review of the record and appellant’s October 3, 2013 response to this court’s order to show cause demonstrates that the district court’s August 7, 2013 “order re attorneys fees and costs for renewed deposition” challenged in this appeal was not final or appealable at the time that the notice of appeal was filed. See 28 U.S.C. § 1291; see also In re San Vicente Med. Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989) (order) (magistrate judge order not final or appealable); Koninklijke Philips Elecs., N.V. v. KXD Tech., Inc., 539 F.3d 1039, 1042 (9th Cir. 2008) (order of civil contempt or sanctions against a party to ongoing litigation is generally not immediately appealable); see, e.g., Cunningham v. Hamilton County, 527 U.S. 198, 210 (1999) (holding that sanctions orders under Fed. R. Civ. P. 37(a)(4) are not immediately appealable); Riverhead Savings Bank v. Nat’l Mortg. Equity Corp., 893 F.2d 1109, 1113 (9th Cir.1990) (absent certificate under Fed. R. Civ. P. 54(b), a lower court order awarding Rule 11 sanctions against a party generally is not appealable prior to the entry of final judgment). Consequently, this appeal is dismissed for lack of jurisdiction. Appellant’s October 2, 2013 “amended notice of appeal” is proceeding in this court as pending appeal no. 13-17102. See Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (an appeal from a final judgment draws into question all earlier, non-final orders and rulings which produced the judgment). The Clerk shall credit the filing fee paid in appeal no. 13-16795 to appeal no. 13-17102. All other pending motions are denied as moot. DISMISSED. [8873306] (SM) |
| Filing 7 Terminated Morvarid Metanat for Facebook, Inc. in 13-16795 (no longer with firm). [8852517] (RY) |
| Filing 6 Filed (ECF) Appellant Mr. Steven Suraj Vachani Correspondence: There has been an adminstrative error and a duplicate case number was created. Requesting that the original case 13-16795 be recognized and schedule set and the second case 13-17102 be removed.. Date of service: 11/06/2013 [8852354] (SSV) |
| Filing 5 Filed [by fax] Appellant Steven Vachani response to clerk's order regarding lack of jurisdiction over appellant's interlocutory appeal,. Served on 10/03/2013. [8811902] (MT) |
| Filing 4 Received copy of amended notice of appeal from district court. [8808809] (MT) |
| Filing 3 Received notification from District Court re: payment of docket fee. Amount Paid: USD 455.00. Date paid: 09/10/2013. [8789743] (HH) |
| Filing 2 Filed clerk order (Deputy Clerk: SM): A review of the record suggests that this court may lack jurisdiction over the appeal because the district court’s August 7, 2013 “order re attorneys fees and costs for renewed deposition” does not appear to be appealable. See 28 U.S.C. § 1291; see also In re San Vicente Med. Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989) (order) (magistrate judge order not final or appealable); Koninklijke Philips Elecs., N.V. v. KXD Tech., Inc., 539 F.3d 1039, 1042 (9th Cir. 2008) (order of civil contempt or sanctions against a party to ongoing litigation is generally not immediately appealable); see, e.g., Cunningham v. Hamilton County, 527 U.S. 198, 210 (1999) (holding that sanctions orders under Fed. R. Civ. P. 37(a)(4) are not immediately appealable); Riverhead Savings Bank v. Nat’l Mortg. Equity Corp., 893 F.2d 1109, 1113 (9th Cir.1990) (absent certificate under Fed. R. Civ. P. 54(b), a lower court order awarding Rule 11 sanctions against a party generally is not appealable prior to the entry of final judgment). 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. [8781289] (CKP) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PROSE APPELLANT. The schedule is set as follows: Fee due from Appellant Steven Vachani on 09/06/2013. Transcript ordered by 10/07/2013. Transcript due 11/05/2013. Appellant Steven Vachani opening brief due 12/16/2013. Appellee Facebook, Inc. answering brief due 01/15/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [8771470] (GR) |
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.
