Edward Jones, Jr. v. Kaiser Foundation Health Plan, et al
| EDWARD DAVID JONES, Jr. |
| KAISER FOUNDATION HEALTH PLAN INC. and STEVEN C. KWON, M.D. |
| 16-55437 |
| March 23, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Injury |
Docket Report
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| Filing 29 Filed clerk order (Deputy Clerk: HMB): On July 20, 2016, the court found this appeal is frivolous and ordered appellant to pay the filing fees and show cause why the order challenged in this appeal should not be summarily affirmed. This appeal was dismissed pursuant to Ninth Circuit Rule 42-1 on September 22, 2016, for failure to comply with the July 20, 2016 order. To date, appellant has not paid the filing fees for this appeal. The court has received appellants September 29, 2016 and October 6, 2016 filings (Docket Entry Nos. [ # 27 ], [ # 28 ]). No action will be taken on these filings. Pursuant to the July 20, 2016 order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees. This appeal remains closed. [10167842] (WL) [Entered: 10/20/2016 02:24 PM] |
| Filing 28 Received Appellant Edward David Jones, Jr. notice re: delays filings of opening brief and fees wavier. [10163778] (RR) [Entered: 10/18/2016 12:17 PM] |
| Filing 27 Filed Appellant Edward David Jones, Jr. motion entitled "declarations of entry of defaults". Deficiencies: None. Served on 09/27/2016. [10149661] (RR) [Entered: 10/05/2016 11:39 AM] |
| Filing 26 Filed order (Deputy Clerk: TSP) Pursuant to Circuit Rule 42-1, this appeal is dismissed for failure to pay fees., This order served on the district court shall constitute the mandate of this court. [10133673] (TSP) [Entered: 09/22/2016 03:46 PM] |
| Filing 25 Streamlined request by Appellant Edward David Jones, Jr. to extend time to file the brief is not approved because any request for an extension of time to pay the filing fee and respond to the osc must be made by way of written motion [10125552] (KM) [Entered: 09/15/2016 04:50 PM] |
| Filing 23 Received Appellant Edward David Jones, Jr. notices of remedial and refiling writ of mandate. [10112457] (RR) [Entered: 09/05/2016 02:23 PM] |
| Filing 21 ENTRY UPDATED. ORIGINAL TEXT: Streamlined request by Appellant Edward David Jones, Jr. to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is suspended pursuant to order [ # 13 ] [10105817] [Edited 08/30/2016 by KM] (KM) [Entered: 08/30/2016 09:40 AM] |
| Filing 24 Received Appellant Edward David Jones, Jr. notice re: take notice of the following transaction entered on 8/4/16. [10112458] (RR) [Entered: 09/05/2016 02:28 PM] |
| Filing 22 Received Appellant Edward David Jones, Jr. notice re: please take notice of the following transaction [10109081] (RR) [Entered: 08/31/2016 05:10 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: ME): We treat appellants request for an extension of time to file the opening brief (Docket Entry No. [ # 19 ]) as a request for an extension of time to comply with the courts July 20, 2016 order, and grant the request. Within 28 days after the date of this order, appellant shall comply fully with the July 20, 2016 order. Failure to comply with this order will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. The Clerk shall serve a copy of the July 20, 2016 order on appellant. Briefing remains suspended pending further order of this court. [10094341] (ME) [Entered: 08/19/2016 04:54 PM] |
| Filing 19 Filed Appellant Edward David Jones, Jr. motion to extend time to file appellant opening brief. Deficiencies: None. [10089201] (RR) [Entered: 08/16/2016 03:28 PM] |
| Filing 18 Received Appellant Edward David Jones, Jr. notice regarding transmit record. [10082875] (RR) [Entered: 08/10/2016 02:46 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: ME): We treat appellants motion to extend time (Docket Entry No. [ # 15 ]) as a request for an extension of time to comply with the courts July 20, 2016 order, and grant the request. Within 21 days after the date of this order, appellant shall comply fully with the July 20, 2016 order. Failure to comply with this order will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. The Clerk shall serve a copy of the July 20, 2016 order on appellant. Briefing remains suspended pending further order of this court. [10077860] (ME) [Entered: 08/05/2016 05:17 PM] |
| Filing 16 ENTRY UPDATED. Streamlined request by Appellant Edward David Jones, Jr. to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is suspended pursuant to order [ # 13 ]. [10075278] [10075278]--[Edited 08/04/2016 by SB] (SB) [Entered: 08/04/2016 09:30 AM] |
| Filing 15 Filed Appellant Edward David Jones, Jr. motion to extend time. Deficiencies: None. [10074874] (RR) [Entered: 08/03/2016 04:34 PM] |
| Filing 14 Received Appellant Edward David Jones, Jr. notice - subpoena duces tecum. [10065419] (CW) [Entered: 07/27/2016 01:34 PM] |
| Filing 13 Filed order (MARY M. SCHROEDER and ALEX KOZINSKI) All requests for injunctive relief contained in appellants petition for writ of mandate/prohibition (Docket Entry No. [ # 10 ]) are denied. Appellants motion to proceed in forma pauperis (Docket Entry No. [ # 6 ]) is denied because we find that the appeal is frivolous. If appellant wishes to pursue this appeal despite the courts finding that it is frivolous then, within 21 days after the date of this order, appellant shall pay $505.00 to the district court as the docketing and filing fees for this appeal and file proof of payment with this court. Otherwise, the appeal will be dismissed by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. Appellants motion for appointment of counsel (Docket Entry No. [ # 11 ]) is denied. No motions for reconsideration, clarification, or modification of these denials shall be entertained. Because the court has found that this appeal is frivolous, the district court order may be summarily affirmed even if appellant pays the fees. If appellant pays the fees and files proof of such payment in this court, appellant therefore shall simultaneously show cause why the order challenged in this appeal should not be summarily affirmed. See 9th Cir. R. 3-6. If appellant pays the fees but fails to file a response to this order, the court will determine whether to summarily affirm the judgment in this appeal based on the opening brief submitted on May 2, 2016. If the appeal is dismissed for failure to comply with this order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees. Because the opening brief was timely submitted, appellants motions for an extension of time to file the opening brief (Docket Entry Nos. [ # 5 ], [ # 8 ]) are denied. Briefing is suspended pending further order of this court. [10056944] (WL) [Entered: 07/20/2016 03:18 PM] |
| Filing 12 Filed Appellant Edward David Jones, Jr. letter dated 07/05/2016 re: status of informal brief. Paper filing deficiency: None. [10051018] (RR) [Entered: 07/14/2016 08:25 PM] |
| Filing 11 Filed Appellant Edward David Jones, Jr. motion for appointment of counsel. Deficiencies: None. [10051017] (RR) [Entered: 07/14/2016 08:24 PM] |
| Filing 10 Filed Appellant Edward David Jones, Jr. petition for writ of mandate/prohibition (Code of Civil Procedure, section 1085, 1086, et seq.) Deficiencies: None. Served on 06/01/2016. [10004315] (RR) [Entered: 06/06/2016 06:36 PM] |
| Filing 9 Filed Appellant Edward David Jones, Jr. letter dated 05/24/2016 re: please take notices of notice appeals filings. Paper filing deficiency: None. [10003648] (RR) [Entered: 06/06/2016 02:12 PM] |
| Filing 8 Filed Appellant Edward David Jones, Jr. motion for extension of time; clarification. Deficiencies: None. [9976014] (RR) [Entered: 05/13/2016 12:21 PM] |
| Filing 7 Received original and 0 copies of Appellant Edward David Jones, Jr. opening brief (Informal: No) 35 pages. Served on 04/25/2016. Major deficiencies: IFP motion pending. [9973023] (LA) [Entered: 05/11/2016 01:29 PM] |
| Filing 6 Filed Appellant Edward David Jones, Jr. motion to proceed In Forma Pauperis. Deficiencies: None. [9962140] (RR) [Entered: 05/03/2016 11:06 AM] |
| Filing 3 Streamlined request by Appellant Edward David Jones, Jr. to extend time to file the brief is not approved because it is not due until June. The filing fee is due on April 14th, not the brief. A written motion must be file to request an extension of time to file the fee. See 9th Cir. R. 32-2. [9946930] (KM) [Entered: 04/20/2016 12:55 PM] |
| Filing 5 Filed Appellant Edward David Jones, Jr. motion for extension of time. Deficiencies: None. [9947765] (RR) [Entered: 04/20/2016 07:18 PM] |
| Filing 4 Filed Appellant Edward David Jones, Jr. letter dated 04/12/2016 re: clarification. Paper filing deficiency: None. [9947764] (RR) [Entered: 04/20/2016 07:14 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [9912598] (CKP) [Entered: 03/23/2016 01:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF APPELLANT IN PRO SE AND NO APPEARANCE OF COUNSEL FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Fee due from Appellant Edward David Jones Jr. on 03/14/2016. Appellant Edward David Jones Jr. opening brief due 06/22/2016. [9912031] (JN) [Entered: 03/23/2016 09:15 AM] |
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