Karen Nelson v. The Coca-Cola Company
| KAREN NELSON, individually, and on behalf of all others similarly situated |
| THE COCA-COLA COMPANY |
| ERNESTO GARCIA, Proposed Intervenor |
| 19-55572 |
| May 17, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed clerk order (Deputy Clerk: DA): Appellants motion to consolidate appeal Nos. 19-55355 and 19-55572 is granted [ # 11326343-2 ]. These appeals are consolidated. A review of the record reflects that these consolidated appeal may be frivolous. This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeals, see Fed. R. App. P. 42(b), OR (2) file a statement explaining why the appeals are not frivolous and should go forward. If appellant does not respond to this order, the Clerk will dismiss the consolidated appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeals, the Clerk will dismiss the consolidated appeals, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss the consolidated appeals as frivolous, without further notice. If appellant files a statement that the consolidated appeals should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for these consolidated appeals is stayed. Appellants motion to proceed in forma pauperis will be addressed after appellants compliance with this order. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss these appeals or statement that the appeals should go forward. [11353441] [19-55355, 19-55572] (CKP) [Entered: 07/03/2019 10:33 AM] |
| Filing 3 Filed Appellant Ernesto Garcia motion for consolidation of appeals. Deficiencies: None. Served on 06/01/2019. [11326636] (QDL) [Entered: 06/11/2019 11:30 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11305471] (CKP) [Entered: 05/22/2019 10:03 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Ernesto Garcia opening brief due 07/16/2019. Appellees Karen Nelson and The Coca-Cola Company answering brief due 08/16/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11301977] (RT) [Entered: 05/17/2019 04:38 PM] |
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