Lycurgan, Inc. v. Todd Jones
| LYCURGAN, INC., a California Corporation, DBA, Ares Armor |
| TODD JONES, in his official official capacity as Director of the Bureau of Alcohol, Tobacco, and Firearms Enforcement |
| 15-55228 |
| February 10, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 MANDATE ISSUED. (SR, WAF and NRS) [9825816] (RL) [Entered: 01/13/2016 11:08 AM] |
| Filing 9 Filed order (STEPHEN R. REINHARDT, WILLIAM A. FLETCHER and N. RANDY SMITH) We conclude that the December 17, 2014 order and judgment dismissing appellants claim without prejudice was not intended to be a final and appealable order. See Montes v. United States, 37 F.3d 1347, 1351 (9th Cir. 1994) (the First Judgment dismissing an action without prejudice was not intended to be a final and appealable order where the district court permitted plaintiff to file an amended complaint after entering the First Judgment) (emphasis in original). Accordingly, we dismiss this appeal for lack of jurisdiction. DISMISSED. [9760042] (WL) [Entered: 11/18/2015 09:58 AM] |
| Filing 8 Filed (ECF) Appellant Lycurgan, Inc. response to order to show cause dated 08/18/2015. Date of service: 09/08/2015. [9675499] [15-55228] (MDV) [Entered: 09/08/2015 09:05 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: SL): The district court docket reflects that, on June 11, 2015, the district court granted appellant leave to file a first amended complaint. Appellant did not timely notify this court of that decision, as required by the March 5, 2015 order. The stay of these proceedings is lifted. As a result of the district courts June 11, 2015 order, appellants first amended complaint remains pending in the district court. Accordingly, within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981). 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 remains suspended pending further order of the court. [9650759] (WL) [Entered: 08/18/2015 11:27 AM] |
| Filing 6 Received copy of amended notice of appeal from district court. [9607270] (SW) [Entered: 07/13/2015 10:04 AM] |
| Filing 5 Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9488999] (BS) [Entered: 04/08/2015 05:13 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: SL): The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [9446216] (AF) [Entered: 03/05/2015 09:34 AM] |
| Filing 3 Filed (ECF) Appellant Lycurgan, Inc. Mediation Questionnaire. Date of service: 02/19/2015. [9427308] [15-55228] (MDV) [Entered: 02/19/2015 03:55 PM] |
| Filing 2 Filed order MEDIATION: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire...dismiss the appeal voluntarily... or show cause in writing why this appeal should not be dismissed. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [9425316] (BS) [Entered: 02/18/2015 03:00 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 02/17/2015. Appellant Lycurgan, Inc. opening brief due 05/20/2015. Appellee Todd Jones answering brief due 06/19/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9415712] (WL) [Entered: 02/10/2015 09:56 AM] |
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| Plaintiff / appellant: LYCURGAN, INC., a California Corporation, DBA, Ares Armor | |
| Represented By: | Scott A. McMillan |
| Represented By: | Michelle D. Volk |
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| Defendant / appellee: TODD JONES, in his official official capacity as Director of the Bureau of Alcohol, Tobacco, and Firearms Enforcement | |
| Represented By: | Daniel Everett Butcher Esquire |
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