McCullough Plumbing, Inc. v. Halbert Construction Company,, et al
| DOES, 1-100, inclusive |
| THE GUARANTEE COMPANY OF NORTH AMERICA USA, a Michigan corporation and CTE, CAL, INC. |
| MCCULLOUGH PLUMBING, INC., a California corporation; United States of America for the Use and Benefit of: |
| HALBERT CONSTRUCTION COMPANY, INC., a California corporation and WESTERN SURETY COMPANY, a South Dakota corporation |
| 19-56280 |
| November 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed order (Deputy Clerk: SJS) Pursuant to the stipulation of the parties (Docket Entry No. [ # 6 ]), this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties agree to bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. [11519829] (JMR) [Entered: 12/03/2019 03:26 PM] |
| Filing 6 Filed (ECF) Appellants McCullough Plumbing, Inc. and The Guarantee Company of North America USA Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 11/25/2019. [11511627] [19-56280] (Cauley, Kevin) [Entered: 11/25/2019 02:56 PM] |
| Filing 5 Filed (ECF) Appellants McCullough Plumbing, Inc. and The Guarantee Company of North America USA response to Court order dated 11/07/2019. Date of service: 11/15/2019 [11501094] [19-56280] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 11/18/2019 by TYL] (Cauley, Kevin) [Entered: 11/15/2019 03:59 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 11/12/2019. 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.[11496891]. [19-56280] (AD) [Entered: 11/12/2019 06:44 PM] |
| Filing 3 Filed (ECF) Appellants McCullough Plumbing, Inc. and The Guarantee Company of North America USA Mediation Questionnaire. Date of service: 11/12/2019. [11496311] [19-56280] (Cauley, Kevin) [Entered: 11/12/2019 02:42 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CJ): 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). The 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, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellants shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellants 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. [11491936] (TSP) [Entered: 11/07/2019 08:08 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants McCullough Plumbing, Inc. and The Guarantee Company of North America USA Mediation Questionnaire due on 11/12/2019. Transcript ordered by 11/27/2019. Transcript due 12/27/2019. Appellants McCullough Plumbing, Inc. and The Guarantee Company of North America USA opening brief due 02/05/2020. Appellees Halbert Construction Company, Inc. and Western Surety Company answering brief due 03/06/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11488537] (RT) [Entered: 11/04/2019 03:49 PM] |
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