Brenda Johnson v. Washington State Department of, et al
| WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, AKA WSDOT and PATTY RUBSTELLO, P.E., Director of Toll Operations WSDOT |
| BRENDA M. JOHNSON |
| 19-35773 |
| September 11, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| BRENDA JOHNSON V. WASH. STATE DEPT OF TRANSP. |
Docket Report
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This docket was last retrieved on November 6, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Received copy of amended notice of appeal from district court filed on 11/05/2019. [11491164] (QDL) [Entered: 11/06/2019 01:34 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: DA): The order entered in this docket on September 18, 2019 at [ # 3 ] was filed in this docket in error. Accordingly, the September 18, 2019 order at [ # 3 ] is vacated as issued in error. The order entered in this docket on September 18, 2019 at [ # 2 ] remains in effect. [11435943] (CKP) [Entered: 09/18/2019 01:22 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: DA): The district courts judgment was entered on the docket on July 23, 2019. Appellants notice of appeal was filed in the district court on September 13, 2019. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 30 days after entry of the district courts judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Within 14 days after the date of this order, appellants shall move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. 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. [11435828] (CKP) [Entered: 09/18/2019 12:35 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). Although the district court denied appellants September 6, 2019 motion for reconsideration on September 17, 2019, the district court has not yet had an opportunity to rule on appellants September 12, 2019 motion. Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending September 12, 2019 motion. See Fed. R. App. P. 4(a)(4); Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). 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. [11435813] (CKP) [Entered: 09/18/2019 12:29 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Brenda M. Johnson opening brief due 11/08/2019. Appellees Patty Rubstello and Washington State Department of Transportation answering brief due 12/09/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11427819] (JMR) [Entered: 09/11/2019 09:22 AM] |
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| Defendant / appellee: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, AKA WSDOT | |
| Represented By: | Zebular James Madison |
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| Defendant / appellee: PATTY RUBSTELLO, P.E., Director of Toll Operations WSDOT | |
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| Plaintiff / appellant: BRENDA M. JOHNSON | |
| Represented By: | Brenda M. Johnson |
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