Kathleen Emerson, et al v. Krista Mitchell
| KRISTA MITCHELL |
| DANIEL ENOS and KATHLEEN EMERSON |
| 19-16529 |
| August 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 13 Filed (ECF) Appellant Krista Mitchell Correspondence: Errata to [ # 12 ] reply to response to OSC. Date of service: 09/30/2019. [11449395] [19-16529]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 10/01/2019 by SLM] (Mitchell, Krista) [Entered: 09/30/2019 09:45 PM] |
| Filing 12 Filed (ECF) Appellant Krista Mitchell reply to response to order to show cause dated 08/15/2019. Date of service: 09/30/2019. [11449389] [19-16529] (Mitchell, Krista) [Entered: 09/30/2019 09:24 PM] |
| Filing 11 Filed (ECF) Appellee Kathleen Emerson reply to response to Court order dated 08/15/2019. Date of service: 09/30/2019. [11449286] [19-16529] (Phillips, Noah) [Entered: 09/30/2019 04:52 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: SM): Appellants motion to withdraw her motions to proceed in forma pauperis and for appointment of counsel (Docket Entry No. [ # 9 ]) is granted. The motion to proceed in forma pauperis (Docket Entry No. [ # 2 ]) and the motion for appointment of counsel (Docket Entry No. [ # 3 ]) are withdrawn. The order to show cause issued on August 15, 2019 is vacated. The filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment. If appellant pays the fees for this appeal, she shall also, within 21 days after the date of this order, file a statement showing cause why this appeal should not be summarily affirmed. If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. Appellants failure to fully comply with this order shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The briefing schedule remains stayed pending further order of the court. [11446384] (WL) [Entered: 09/27/2019 01:14 PM] |
| Filing 9 Filed (ECF) Appellant Krista Mitchell Motion for miscellaneous relief [Appellants' Ex Parte Motion to Withdraw Motion to Proceed In Forma Pauperis (Dkt. 2) and Withdraw Motion For Appointment of Pro Bono Counsel (Dkt. 3); And Request For Leave of Court to Pay Docket Fee In Full; Declaration In Support (Certificate of Svc)]. Date of service: 09/22/2019. [11439806] [19-16529] (Mitchell, Krista) [Entered: 09/22/2019 01:58 PM] |
| Filing 8 Filed (ECF) Appellant Krista Mitchell Correspondence: Notice of 14-second upload delay due to mistake, surprise, inadvertence, and excusable neglect; Declaration in support thereof.. Date of service: 09/20/2019 [11438633] [19-16529] (Mitchell, Krista) [Entered: 09/20/2019 11:25 AM] |
| Filing 7 Filed (ECF) Appellant Krista Mitchell response to order to show cause dated 08/15/2019. Date of service: 09/19/2019. [11438083] [19-16529] (Mitchell, Krista) [Entered: 09/20/2019 12:00 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: SM): A review of the record reflects that on August 6, 2019, this court received appellants motion to proceed in forma pauperis. Accordingly, the August 8, 2019 order to show cause regarding fees (Docket Entry No. [ # 4 ]) is vacated as issued in error. All pending motions will be address by separate order. The briefing schedule for this appeal remains stayed pending appellants response to the August 15, 2019 order to show cause. [11399407] (WL) [Entered: 08/16/2019 08:48 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: SM): A review of the record reflects that this appeal may be frivolous. 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 for this appeal remains 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 this appeal or statement that the appeal should go forward. [11398759] (WL) [Entered: 08/15/2019 02:36 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11390968] (CKP) [Entered: 08/08/2019 10:26 AM] |
| Filing 3 Filed (ECF) Appellant Krista Mitchell Motion for appointment of pro bono counsel. Date of service: 08/07/2019. [11389331] [19-16529] (Mitchell, Krista) [Entered: 08/07/2019 02:20 AM] |
| Filing 2 Filed (ECF) Appellant Krista Mitchell Motion to proceed In Forma Pauperis. Date of service: 08/06/2019. [11389330] [19-16529] (Mitchell, Krista) [Entered: 08/06/2019 11:57 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Krista Mitchell opening brief due 10/03/2019. Appellees Kathleen Emerson and Daniel Enos answering brief due 11/04/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11387280] (HC) [Entered: 08/05/2019 02:03 PM] |
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