Morris Bickley, et al v. Schneider National Carriers, I
| MORRIS BICKLEY, MICHAEL D. PATTON, RAYMOND GREWE, DENNIS VANHORN and DOUGLAS PUMROY |
| RANDALL PITTMAN |
| SCHNEIDER NATIONAL CARRIERS, INC., a Nevada corporation |
| 16-17016 |
| November 1, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Docket Report
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| Filing 14 MANDATE ISSUED. (MDS, MBC and JBO) [10385656] (CW) [Entered: 04/06/2017 07:37 AM] |
| Filing 13 Attorneys Lee Gordon, Lee Gordon, Lee Gordon, Lee Gordon and Lee Gordon in 16-17016 substituted by Attorneys Elaine T. Byszewski, Elaine T. Byszewski, Elaine T. Byszewski, Elaine T. Byszewski and Elaine T. Byszewski in 16-17016 [10376873] (CW) [Entered: 03/30/2017 08:36 AM] |
| Filing 12 Filed (ECF) notice of appearance of Elaine T. Byszewski for Appellees Morris Bickley, Raymond Grewe, Michael D. Patton, Douglas Pumroy and Dennis Vanhorn. Date of service: 03/30/2017. [10376848] [16-17016] (Byszewski, Elaine) [Entered: 03/30/2017 08:21 AM] |
| Filing 11 Filed order (MILAN D. SMITH, JR., MORGAN B. CHRISTEN and JOHN B. OWENS): On November 28, 2016, the district court certified that this appeal is not taken in good faith and ordered appellant to file a $500 bond in order to pursue this appeal. See 28 U.S.C. 1915(a); Fed. R. App. P. 7. On November 30, 2016, this court ordered appellant to explain in writing why this appeal should not be dismissed as frivolous. See 28 U.S.C. 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). Appellants opposed request for an extension of time to file a response to this courts November 30, 2016 order (Docket Entry No. [ # 9 ] ) is denied. Upon a review of the record, we conclude this appeal is frivolous. We also note that it appears that appellant has not paid the $500 bond ordered by the district court. We therefore deny appellants motion to proceed in forma pauperis (Docket Entry No. [ # 4 ]) and dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2). DISMISSED. [10357863] (AF) [Entered: 03/15/2017 02:30 PM] |
| Filing 10 Filed (ECF) Appellees Morris Bickley, Raymond Grewe, Michael D. Patton, Douglas Pumroy and Dennis Vanhorn response opposing motion ([ # 9 ] Response to Court Order (ECF Filing)). Date of service: 01/12/2017. [10264435] [16-17016] (Gordon, Lee) [Entered: 01/12/2017 04:01 PM] |
| Filing 9 Filed (ECF) Appellant Randall Pittman response to Court order dated 11/30/2016. Date of service: 01/05/2017. [10255461] [16-17016] (Pittman, Randall) [Entered: 01/05/2017 10:16 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: MF): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith. See 28 U.S.C. 1915(a). This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. The briefing schedule and all pending motions are stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward. [10215374] (CKP) [Entered: 11/30/2016 11:48 AM] |
| Filing 7 Filed (ECF) Appellees Raymond Grewe, Michael D. Patton, Morris Bickley and Douglas Pumroy Correspondence: Letter to Ninth Circuit clerk forwarding Notice of District Court Ruling. Date of service: 11/18/2016 [10203831] [16-17016] (Saltzman, Stanley) [Entered: 11/19/2016 07:25 PM] |
| Filing 6 Added attorney Stanley D. Saltzman for Raymond Grewe Morris Bickley Dennis Vanhorn Michael D. Patton Douglas Pumroy, in case 16-17016. [10203278] (CW) [Entered: 11/18/2016 02:54 PM] |
| Filing 5 Filed (ECF) notice of appearance of Stanley D. Saltzman for Appellees Morris Bickley, Raymond Grewe, Michael D. Patton and Douglas Pumroy. Date of service: 11/18/2016. [10203258] [16-17016] (Saltzman, Stanley) [Entered: 11/18/2016 02:47 PM] |
| Filing 4 Filed (ECF) Appellant Randall Pittman Motion to proceed In Forma Pauperis. Date of service: 11/07/2016. [10187783]--[COURT ENTERED FILING to correct entry [3].] (SLM) [Entered: 11/07/2016 08:52 AM] |
| Filing 3 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 4 ]. Original Text: Filed (ECF) Appellant Randall Pittman Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis (Form 4). Date of service: 11/07/2016. [10187695] [16-17016] (Pittman, Randall) [Entered: 11/07/2016 08:09 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [10183447] (CKP) [Entered: 11/02/2016 01:02 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 11/30/2016. Transcript due 12/30/2016. Appellant Randall Pittman opening brief due 02/08/2017. Appellees Morris Bickley, Raymond Grewe, Michael D. Patton, Douglas Pumroy, Schneider National Carriers, Inc. and Dennis Vanhorn answering brief due 03/10/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. [10182339] (RT) [Entered: 11/01/2016 03:36 PM] |
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