Joandark Kassab, et al v. USA, et al
| MR. D'S LIQUOR AND DELI, INC., a California corporation |
| UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF AGRICULTURE and RETAILER OPERATIONS DIVISION |
| JOANDARK KASSAB |
| 19-55621 |
| May 30, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed clerk order (Deputy Clerk: JW): On May 31, 2019, this court issued an order staying appellate proceedings pending disposition of the motion for reconsideration in the district court. On June 28, 2019, the district court denied the motion. The stay order filed May 31, 2019, is lifted and this appeal shall proceed. Briefing shall proceed as follows: appellants opening brief is due August 12, 2019; appellees answering brief is due September 11, 2019; and appellants optional reply brief is due 21 days from service of appellees answering brief. Because appellant is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. Appellees supplemental excerpts of record are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in appellees brief. See 9th Cir. R. 30-1.7. [11363443] (WL) [Entered: 07/15/2019 01:02 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), and that motion is still pending in the district court. The May 24, 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 May 3, 2019 motion. See 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. [11315242] (CKP) [Entered: 05/31/2019 11:34 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Joandark Kassab opening brief due 07/29/2019. Appellees Retailer Operations Division, United States Department of Agriculture and United States of America answering brief due 08/29/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11313830] (RT) [Entered: 05/30/2019 02:00 PM] |
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