Sherif Philips v. Pitt County Memorial Hospital,, et al
| PAUL BOLIN, PITT COUNTY MEMORIAL HOSPITAL, INC., RALPH WHATLEY, DAVID CREECH and JAY SALSMAN |
| SHERIF A. PHILIPS, M.D.; Dr. |
| 19-17313 |
| November 14, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| SHERIF PHILIPS V. PITT COUNTY MEMORIAL HOSPITAL, |
Docket Report
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This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 Filed clerk order (Deputy Clerk: JW): The courts records reflect that appellant filed a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The November 14, 2019 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending November 19, 2019 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11539596] (CKP) [Entered: 12/20/2019 10:16 AM] |
| Filing 4 Filed (ECF) Appellees Pitt County Memorial Hospital, Inc., Paul Bolin, Ralph Whatley, David Creech and Jay Salsman response opposing motion ([ # 3 ] Party Motion). Date of service: 12/08/2019. [11524698] [19-17313] (Berman, Daniel) [Entered: 12/08/2019 08:23 PM] |
| Filing 3 Filed Appellant Sherif A. Philips motion to extend time to file appellant opening brief until Rule 59 motion is ruled on. Deficiencies: None. Served on 11/26/2019. [11518448] (CW) [Entered: 12/03/2019 07:55 AM] |
| Filing 2 Received copy of motion filed in district court re: rule 59 grant relief under 28 USC 1655, slander, harassment, defamation and inj relief. Motion filed by Appellant Sherif A. Philips. [11512511] (CW) [Entered: 11/26/2019 09:21 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 12/16/2019. Transcript due 01/13/2020. Appellant Sherif A. Philips opening brief due 02/24/2020. Appellees Paul Bolin, David Creech, Pitt County Memorial Hospital, Inc., Jay Salsman and Ralph Whatley answering brief due 03/24/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11499498] (RT) [Entered: 11/14/2019 03:16 PM] |
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