James Denby, et al v. City of Casa Grande, et al
| GARRIC BERRY, JANE DOE BERRY, JANE DOE ENGSTROM, PAUL BABEAU, JACOB H. ROBINSON, JANE DOE MCCABE, MICHAEL WILSON, JANE DOE HORN, JANE DOE LUJAN, JANE DOE ROBINSON, FRANCISCO X. LUJAN, JANE DOE YBARRA, C. WESTERN, J. J. YBARRA, JANE DOE WESTERN, MARK MCCABE, DAVID ENGSTROM, CHRISTOPHER LAPRE, JANE DOE WILSON, KENT HORN and JANE DOE LAPRE |
| WILMA J. LOGSTON, ELIZABETH J. TORRES and JAMES W. DENBY |
| CITY OF CASA GRANDE and COUNTY OF PINAL |
| 19-15936 |
| May 2, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 8 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): Appeal Nos. 19-15803 and 19-15936 are severed. A review of the record and the responses to this courts May 8, 2019 order in appeal No. 19-15936 demonstrates that this court lacks jurisdiction over that appeal because the order challenged is not final or appealable as to appellants City of Casa Grande and County of Pinal. 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). Consequently, appeal No. 19-15936 is dismissed for lack of jurisdiction. The previously established briefing schedule in appeal No. 19-15803 remains in effect. [11345108] (AF) [Entered: 06/26/2019 11:14 AM] |
| Filing 7 Filed (ECF) Appellee James W. Denby in 19-15936 reply to response to Court order dated 05/08/2019. Date of service: 06/03/2019. [11318207] [19-15936, 19-15803] (Woods, Sean) [Entered: 06/03/2019 08:56 PM] |
| Filing 6 Filed (ECF) Appellants City of Casa Grande and County of Pinal in 19-15936 response to order to show cause dated 05/08/2019. Date of service: 05/24/2019. [11309339] [19-15936, 19-15803] (Jellison, James) [Entered: 05/24/2019 04:38 PM] |
| Filing 5 Filed order MEDIATION (RGA): These cases are RELEASED from the Mediation Program. These appeals are consolidated. The following briefing schedule shall govern these appeals: appellants shall file an opening brief on or before July 17, 2019; appellees shall file an answering brief on or before August 16, 2019; appellants may file an optional reply brief within twenty one (21) days from the service date of the answering brief. All further inquiries regarding these appeals, including requests for extensions of time, should be directed to the Clerks office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [11307394] [19-15803, 19-15936] (AF) [Entered: 05/23/2019 12:31 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 05/09/2019. 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.[11292842] (AD) [Entered: 05/09/2019 06:44 PM] |
| Filing 3 Filed (ECF) Appellants City of Casa Grande and County of Pinal Mediation Questionnaire. Date of service: 05/09/2019. [11292630] [19-15936] (Jellison, James) [Entered: 05/09/2019 03:45 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): It appears that the district courts order challenged in this appeal may not have disposed of the action as to all claims and all parties. 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. [11290432] (WL) [Entered: 05/08/2019 10:19 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 05/09/2019. Appellants City of Casa Grande and County of Pinal opening brief due 06/28/2019. Appellees James W. Denby, Wilma J. Logston and Elizabeth J. Torres answering brief due 07/29/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11284427] (RT) [Entered: 05/02/2019 09:48 AM] |
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