Michael Fridman, et al v. Uber Technologies, Inc., et al
| JAKE LECHNER |
| PORTIER, LLC, UBER TECHNOLOGIES, INC. and RASIER, LLC |
| DANNY GESEL REZNIK FRIDMAN and MICHAEL FRIDMAN |
| 19-15892 |
| April 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 12 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND) : A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable unless it disposes of all claims as to all parties or judgment is entered in compliance with rule). This action remains pending before the district court. Although the district court dismissed Michael Fridman and Danny Gesel Reznik Fridman, it did not enter judgment as to these plaintiffs, nor did the district court certify this order for immediate appeal pursuant to Federal Rule of Civil Procedure 54(b). See Frank Briscoe Co., Inc. v. Morrison-Knudsen Co., Inc., 776 F.2d 1414, 1416 (9th Cir. 1985) (order disposing of fewer than all claims or parties is not appealable absent express determination from district court that there is no just reason for delay under Rule 54(b)). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11347546] (RT) [Entered: 06/27/2019 03:57 PM] |
| Filing 11 Filed (ECF) Appellees Uber Technologies, Inc., Portier, LLC and Rasier, LLC reply to response to order to show cause dated 04/30/2019. Date of service: 05/31/2019. [11315747] [19-15892] (Palmore, Joseph) [Entered: 05/31/2019 02:32 PM] |
| Filing 10 Filed (ECF) Appellees Uber Technologies, Inc., Rasier, LLC and Portier, LLC corporate disclosure statement. Date of service: 05/31/2019. [11315726] [19-15892] (Palmore, Joseph) [Entered: 05/31/2019 02:25 PM] |
| Filing 9 Added attorney Joseph R. Palmore for Uber Technologies, Inc. Rasier, LLC Portier, LLC, in case 19-15892. [11311256] (NAC) [Entered: 05/29/2019 07:34 AM] |
| Filing 8 Filed (ECF) notice of appearance of Joseph R. Palmore for Appellees Uber Technologies, Inc., Portier, LLC and Rasier, LLC. Date of service: 05/29/2019. (Party previously proceeding without counsel: No) [11311237] [19-15892] (Palmore, Joseph) [Entered: 05/29/2019 06:38 AM] |
| Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11306223] (CL) [Entered: 05/22/2019 02:59 PM] |
| Filing 6 Filed (ECF) Appellants Danny Gesel Reznik Fridman and Michael Fridman response to order to show cause dated 04/30/2019. Date of service: 05/21/2019. [11304081] [19-15892] (Ratner, David) [Entered: 05/21/2019 10:12 AM] |
| Filing 5 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 05/21/2019, 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... [11289799] (CL) [Entered: 05/07/2019 03:37 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 05/06/2019. 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.[11288509] (AD) [Entered: 05/06/2019 06:45 PM] |
| Filing 3 Filed (ECF) Appellant Michael Fridman Mediation Questionnaire. Date of service: 05/06/2019. [11288285] [19-15892] (Ratner, David) [Entered: 05/06/2019 03:59 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: SM): It appears that the district courts order challenged in this appeal is not final or appealable because the case remains ongoing as to plaintiff Jake Lechner. Within 21 days after the date of this order, appellants 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 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. [11282048] (HC) [Entered: 04/30/2019 11:46 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 05/06/2019. Transcript ordered by 05/28/2019. Transcript due 06/25/2019. Appellants Michael Fridman and Danny Gesel Reznik Fridman opening brief due 08/05/2019. Appellees Portier, LLC, Rasier, LLC and Uber Technologies, Inc. answering brief due 09/03/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11279964] (JBS) [Entered: 04/29/2019 09:17 AM] |
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