Frederic Prado v. Mutual Liberty Insurance, et al
| GEICO INSURANCE COMPANY, CITY OF LAS VEGAS, Bus System and MUTUAL LIBERTY INSURANCE |
| FREDERIC C. PRADO |
| 19-17180 |
| October 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed clerk order (Deputy Clerk: DA): A review of the record reflects that the September 26, 2019 district court order challenged in this appeal may not be final and immediately appealable because the order dismissed appellants complaint with leave to amend, and the district court has not entered a subsequent final judgment. WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) ([W]hen a district court expressly grants leave to amend, it is plain that the order is not final. Something more is both anticipated and required. In that event, a further step must be taken to fix an unequivocal terminal date for appealability, and to avoid the hazards of confusion or misunderstanding as to the time for appeal. A final judgment must be obtained before the case becomes appealable.) (internal citation omitted)); see also Hall v. N. Am. Van Lines, Inc., 476 F.3d 683, 686 (9th Cir. 2007) (deeming a premature appeal from a dismissal with leave to amend to have been taken from the final judgment where the district court entered judgment after the plaintiff declined to amend). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant does 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. [11501960] (CKP) [Entered: 11/18/2019 11:07 AM] |
| Filing 2 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 11/06/2019. [11491952] (RT) [Entered: 11/07/2019 08:24 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Frederic C. Prado opening brief due 12/24/2019. [11482480] (RT) [Entered: 10/29/2019 04:52 PM] |
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