Perry Melnick v. BMW of North America, LLC, et al
| DOES, 1 through 50, inclusive and CREVIER BMW, a business entity, form unknown |
| PERRY MELNICK |
| BMW OF NORTH AMERICA, LLC |
| 19-55407 |
| April 10, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 9 Filed (ECF) Appellant BMW of North America, LLC response to order to show cause dated 05/01/2019. Date of service: 05/21/2019. [11304645] [19-55407] (Peterson, Thomas) [Entered: 05/21/2019 02:32 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: SZ): A review of the record suggests that this court may lack jurisdiction over the appeal because an order remanding a removed action to state court for lack of subject matter jurisdiction is not reviewable on appeal or otherwise under 28 U.S.C. 1447(d). See 28 U.S.C. 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 (1995); Kunzi v. Pan Am. World Airways, Inc., 833 F.2d 1291, 1293 (9th Cir. 1987). 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 elects to show cause, a response may be filed within 10 days after service of the memorandum. 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. [11283623] (OC) [Entered: 05/01/2019 02:15 PM] |
| Filing 7 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11271007] (CL) [Entered: 04/19/2019 05:29 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 04/18/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11268721] (AD) [Entered: 04/18/2019 12:44 PM] |
| Filing 5 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [11268378] (LW) [Entered: 04/18/2019 10:22 AM] |
| Filing 4 Filed (ECF) Appellant BMW of North America, LLC Mediation Questionnaire. Date of service: 04/18/2019. [11268376] [19-55407] (Peterson, Thomas) [Entered: 04/18/2019 10:22 AM] |
| Filing 3 Added attorney Thomas M. Peterson for BMW of North America, LLC, in case 19-55407. [11268062] (CW) [Entered: 04/18/2019 06:40 AM] |
| Filing 2 Filed (ECF) notice of appearance of Thomas M. Peterson for Appellant BMW of North America, LLC. Date of service: 04/17/2019. (Party previously proceeding without counsel: No) [11267823] [19-55407] (Peterson, Thomas) [Entered: 04/17/2019 04:27 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/17/2019. Transcript ordered by 05/09/2019. Transcript due 06/10/2019. Appellant BMW of North America, LLC opening brief due 07/18/2019. Appellee Perry Melnick answering brief due 08/19/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11259037] (JMR) [Entered: 04/10/2019 10:25 AM] |
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