Vickie Skelton v. Ethicon LLC
| VICKIE SKELTON |
| ETHICON LLC, a Limited Liability Company |
| 15-56254 |
| August 17, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Personal Injury-Product Liability |
Docket Report
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This docket was last retrieved on September 21, 2015. A more recent docket listing may be available from PACER.
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| Filing 7 Filed order (Deputy Clerk: ME) Granting motion to dismiss the case voluntarily pursuant to rule 42b filed by Appellant Ethicon LLC. This order served on the district court shall constitute the mandate of this court. [9691016] (ME) [Entered: 09/21/2015 05:04 PM] |
| Filing 6 Filed (ECF) Appellant Ethicon LLC Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 09/21/2015. [9689628] [15-56254] (Wes, Joshua) [Entered: 09/21/2015 09:23 AM] |
| Filing 5 Filed (ECF) Appellant Ethicon LLC response to order to show cause dated 08/28/2015. Date of service: 09/16/2015. [9684798] [15-56254] (Wes, Joshua) [Entered: 09/16/2015 11:18 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: AT): A review of the record suggests that this court may lack jurisdiction over the appeal because an order remanding a removed action to state court for lack of subject matter jurisdiction is not reviewable on appeal or otherwise under 28 U.S.C. 1447(d). See 28 U.S.C. 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 (1995); McCauley v. Ford Motor Co., 264 F.3d 952, 964 (9th Cir. 2001) (review of an order remanding due to violation of the minimum amount in controversy requirement for diversity jurisdiction is barred by 28 U.S.C. 1447(d)); Kunzi v. Pan Am. World Airways, Inc., 833 F.2d 1291, 1293 (9th Cir. 1987). Further, to the extent appellant seeks review of the portion of the district courts order sua sponte determining that appellants notice of removal is untimely, a review of the record suggests that this appeal may be moot because this court lacks jurisdiction to review the district courts order remanding on the independent grounds that it lacks subject matter jurisdiction. See id. 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. 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. [9663823] (OC) [Entered: 08/28/2015 11:27 AM] |
| Filing 3 Filed (ECF) Appellant Ethicon LLC Mediation Questionnaire. Date of service: 08/24/2015. [9658138] [15-56254] (Wes, Joshua) [Entered: 08/24/2015 03:26 PM] |
| Filing 2 Filed representation notice of Joshua J. Wes for Appellant. Served on 08/17/2015. [9649969] (BG) [Entered: 08/17/2015 04:18 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/24/2015. Transcript ordered by 09/16/2015. Transcript due 12/15/2015. Appellant Ethicon LLC opening brief due 01/25/2016. Appellee Vickie Skelton answering brief due 02/24/2016. Appellant's optional reply brief is due 14 days after service of the answering brief. [9649967] (BG) [Entered: 08/17/2015 04:16 PM] |
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