Robert Benge v. Wexford Health, et al
| RICHARD PRATT, Director of Health Services, ARMANDO DE GUZMAN, Medical Doctor (MD) at ASPC Tucson, Tucson, Arizona, S. RIAZ, MD/Psychiatrist at ASPC Tucson, Tucson, Arizona, M. TERRY, Lt. at ASPC Eyman, SMU-1, Florence, AZ, KENNETH MERCHANT, Medical Doctor (MD) at ASPC Lewis, Buckeye, Arizona, CHARLES L. RYAN, Director of ADC, ABBE KING, Nurse Practitioner (NP) at ASPC - Lewis, Buckeye, AZ, MAUREEN GAY, Nurse Practitioner (NP) at ASPC Eyman, Florence, Arizona, B. MOONEY, Sgt. at ASPC Eyman, SMU-1, Florence, AZ, LAWRENCE ENDE, Nurse Practitioner (NP) at ASPC Lewis, Buckeye, Arizona and DOROTHY IGWE, Nurse Practitioner (NP) at ASPC Florence, Florence, Arizona |
| WEXFORD HEALTH and CORIZON HEALTH, INC., Private Health Provider at ADC's (10) Complex's |
| ROBERT JOSEPH BENGE |
| 20-15357 |
| March 3, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 8 Filed clerk order (Deputy Clerk: JW): On March 12, 2020, this court issued an order staying appellate proceedings pending disposition of the motion for reconsideration in the district court. On March 16, 2020, the district court denied the motion. The stay order filed March 12, 2020, is lifted and this appeal shall proceed. Briefing shall proceed as follows: appellants opening brief is due June 10, 2020; appellees answering brief is due July 10, 2020; and appellants optional reply brief is due 21 days from service of appellees answering brief. [11658991] (OC) [Entered: 04/13/2020 12:09 PM] |
| Filing 7 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 February 27, 2020 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 February 27, 2020 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. [11628398] (OC) [Entered: 03/12/2020 04:12 PM] |
| Filing 6 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11622824] (CKP) [Entered: 03/09/2020 12:40 PM] |
| Filing 5 Attorneys Jaric William Erike and Anthony J. Fernandez substituted by Attorney Rita Bustos. [11617166] (RL) [Entered: 03/03/2020 04:36 PM] |
| Filing 4 Filed (ECF) notice of appearance of Rita J. Bustos (Quintairos, Prieto, Wood & Boyer, P.A.2390 E. Camelback Rd Suite 440 Phoenix, AZ 85016) for Appellee Corizon Health, Inc.. Substitution for Anthony J. Fernandez for Appellee Corizon Health, Inc. and Jaric William Erike, Esquire for Appellee Corizon Health, Inc.. Date of service: 03/03/2020. (Party was previously proceeding with counsel.) [11616943] [20-15357] (Bustos, Rita) [Entered: 03/03/2020 03:11 PM] |
| Filing 3 Added Attorney(s) Justin Michael Ackerman for party(s) Appellee Wexford Health. [11616624] (RL) [Entered: 03/03/2020 01:16 PM] |
| Filing 2 Filed (ECF) notice of appearance of Justin M. Ackerman (Jones, Skelton & Hochuli, PLC, 40 N. Central Avenue, Suite 2700, Phoenix, Arizona 85004) for Appellee Wexford Health. Date of service: 03/03/2020. (Party was previously proceeding with counsel.) [11616533] [20-15357] (Ackerman, Justin) [Entered: 03/03/2020 12:17 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Robert Joseph Benge opening brief due 05/04/2020. Appellees Corizon Health, Inc. and Wexford Health answering brief due 06/04/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11616452] (RT) [Entered: 03/03/2020 11:38 AM] |
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