Eric Martinez v. Ken Lee, et al
| KURESICS, in his individual capacity and as an Employee of the Pinal County Sheriff's Office, COUNTY OF PINAL, a political subdivision of the State of Arizona, MILLER, Sergeant, in his individual capacity and as an employee of the Pinal County Sheriffs Department and SNYDER, Detective, in his individual capacity and as an employee of the Pinal County Sheriffs Department |
| STEWART FERRIN, Sheriff's Deputy and KEN LEE, Sheriff's Deputy |
| ERIC MARTINEZ |
| 19-15687 |
| April 9, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 8 Filed order (Deputy Clerk: TSP) Granting Motion (ECF Filing) motion to dismiss the case voluntarily pursuant to rule 42b filed by Appellants Ken Lee and Stewart Ferrin, This order shall constitute the mandate. [11298461] (TSP) [Entered: 05/15/2019 11:56 AM] |
| Filing 7 Filed (ECF) Appellants Stewart Ferrin and Ken Lee Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 05/15/2019. [11298241]--[COURT ENTERED FILING to correct entry [6].] (RY) [Entered: 05/15/2019 11:06 AM] |
| Filing 6 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Motion refiled using correct filing type in Entry: [ # 7 ]. Original Text: Filed (ECF) Appellants Stewart Ferrin and Ken Lee response to order to show cause dated 04/25/2019. Date of service: 05/15/2019. [11297764] [19-15687] (Jellison, James) [Entered: 05/15/2019 08:09 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over the appeal because it appears that the challenged order did not make a legal determination as to whether appellants are entitled to qualified immunity, instead noting that such a determination would require consideration of facts beyond the face of the First Amended Complaint. See Mitchell v. Forsyth, 472 U.S. 511, 530 (1985) (a pretrial order denying a claim of qualified immunity is reviewable only to the extent it raises an issue of law); see also Maropulos v. Cty. of Los Angeles, 560 F.3d 974, 975 (9th Cir. 2009) ([A]n order denying qualified immunity on the ground that a genuine issue of material fact exists is not a final, immediately appealable order. (citing Johnson v. Jones, 515 U.S. 304, 307 (1995))). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do 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. [11277972] (HC) [Entered: 04/25/2019 04:57 PM] |
| Filing 4 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 05/06/2019, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [11271587] (VS) [Entered: 04/22/2019 09:48 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 04/15/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11264826] (AD) [Entered: 04/16/2019 06:44 AM] |
| Filing 2 Filed (ECF) Appellants Stewart Ferrin and Ken Lee Mediation Questionnaire. Date of service: 04/15/2019. [11264763] [19-15687] (Jellison, James) [Entered: 04/15/2019 09:15 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/16/2019. Appellants Stewart Ferrin and Ken Lee opening brief due 06/10/2019. Appellee Eric Martinez answering brief due 07/08/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11257765] (HC) [Entered: 04/09/2019 11:43 AM] |
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| Defendant: KURESICS, in his individual capacity and as an Employee of the Pinal County Sheriff's Office | |
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| Defendant: COUNTY OF PINAL, a political subdivision of the State of Arizona | |
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| Defendant: MILLER, Sergeant, in his individual capacity and as an employee of the Pinal County Sheriffs Department | |
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| Defendant: SNYDER, Detective, in his individual capacity and as an employee of the Pinal County Sheriffs Department | |
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| Defendant / appellant: STEWART FERRIN, Sheriff's Deputy | |
| Represented By: | James M. Jellison |
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| Defendant / appellant: KEN LEE, Sheriff's Deputy | |
| Represented By: | James M. Jellison |
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| Plaintiff / appellee: ERIC MARTINEZ | |
| Represented By: | Scott Andrew Ewing |
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