Michael Foley v. Juan Valdes, et al
| JUAN CARLOS VALDES, AP EXPRESS WORLDWIDE, LLC, WORLD PACK USA, MICHELLE PONT, JEFFERY PONT, AP EXPRESS, LLC and PATRICIA FOLEY |
| MICHAEL FOLEY |
| 20-15178 |
| February 10, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 4 Filed Appellant Mr. Michael Foley response to order to show cause dated 03/18/2020. Served on 04/06/2020. [11656615] (QDL) [Entered: 04/09/2020 02:37 PM] |
| Filing 3 Received copy of amended notice of appeal from district court filed on 04/07/2020. [11655284] (QDL) [Entered: 04/08/2020 11:33 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): On March 11, 2019, the district court entered a final order of dismissal and judgment in this case. Appellant did not file a notice of appeal of the March 11, 2019 final order and judgment within the 30-day jurisdictional time period, nor did he timely file one of the motions that could have tolled the time within which to file a notice of appeal. See Fed. R. App. P. 4(a)(4); Fed. R. Civ. P. 59(e) (tolling motion must be filed within 28 days from entry of judgment). Appellees filed a motion for attorneys fees on March 25, 2019, which did not toll the time to appeal pursuant to Federal Rule of Appellate Procedure 4(a)(4). Appellant filed a motion for relief from judgment on April 15, 2019, which also did not toll the time to appeal. Fiester v. Turner, 783 F.2d 1474 (9th Cir. 1986) (untimely motion does not suspend time to appeal). The district court entered an order on January 9, 2020 denying appellants motion for relief from the judgment, and granting in part and denying in part appellees motion for attorneys fees. On January 9, 2020, the district court entered a judgment on attorneys fees. Appellant filed a notice of appeal on February 7, 2020. A review of the record suggests that this court may lack jurisdiction over the appeal because the February 7, 2020 notice of appeal does not challenge the district courts January 9, 2020 order post-judgment order and attorneys fees judgment, and the notice of appeal is untimely with respect to the district courts March 11, 2019 judgment and prior orders. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the 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. [11634330] (JMR) [Entered: 03/18/2020 02:46 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Michael Foley opening brief due 04/07/2020. Appellees AP Express Worldwide, LLC, AP Express, LLC, Patricia Foley, Jeffery Pont, Michelle Pont, Juan Carlos Valdes and World Pack USA answering brief due 05/07/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11590758] (JMR) [Entered: 02/10/2020 09:13 AM] |
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