Timothy Rote v. Andrew Brandsness, et al
| LINDA L. MARSHALL, JANE DOE, JOEL W. CHRISTIANSEN, MATTHEW KALMANSON and JOHN DOES, (4-5) |
| OREGON STATE BAR, Professional Liability Fund, ANDREW C. BRANDSNESS, PAMELA J. STENDAHL and CAROL J. BERNICK |
| TIMOTHY C. ROTE |
| 19-35374 |
| May 2, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 MANDATE ISSUED. (EL, CMC and CTB) [11340298] (QDL) [Entered: 06/21/2019 10:11 AM] |
| Filing 2 Filed order (EDWARD LEAVY, CONSUELO M. CALLAHAN and CARLOS T. BEA) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the April 25, 2019 and May 1, 2019 orders challenged in the appeal are not final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable); 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); see also 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. [11314156] (JMR) [Entered: 05/30/2019 03:31 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Timothy C. Rote opening brief due 07/01/2019. Appellees Carol J. Bernick, Andrew C. Brandsness, Oregon State Bar and Pamela J. Stendahl answering brief due 07/31/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11284955] (JBS) [Entered: 05/02/2019 02:11 PM] |
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