Kelly Clayton v. Andrew Saul
| ANDREW M. SAUL, Commissioner of Social Security |
| KELLY CLAYTON, obo Markell M. Miles |
| 20-15696 |
| April 16, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Filed order (Deputy Clerk: LCC) : On April 30, 2020, this court ordered appellant, within 21 days, either to move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court. [11702891] (RT) [Entered: 05/27/2020 03:31 PM] |
| Filing 5 MEDIATION ORDER FILED: The Mediation Program of the Ninth Cir. Court of Appeals facilitates settlement while appeals are pending. See FRAP 33 & Ninth Cir.R. 33-1. Mediation assessment conferences are not routinely scheduled in social security appeals. Csl are encouraged to contact circuit mediator if they believe this social security appeal has remand potential or is otherwise amenable to resolution. Specifically, csl are requested to contact the mediator if claimant has been awarded benefits after the district court's decision or if claimant is deceased. The mediator can also assist csl with procedural matters that may lead to the resolution of an appeal. Csl for the party contacting the Mediation Program are encouraged to copy csl for the other party to the appeal on any such requests. Info regarding the medation program may be found at www.ca9.uscourts.gov/mediation. [11680734] (VS) [Entered: 05/05/2020 10:13 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over the appeal because the notice of appeal was not filed within 60 days after the district courts judgment entered on February 13, 2020. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B). 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. [11677051] (RT) [Entered: 04/30/2020 02:31 PM] |
| Filing 3 Attorney Michael K, Marriott in 20-15696 substituted by Attorney Shea Lita Bond in 20-15696 [11665905] (NAC) [Entered: 04/20/2020 01:11 PM] |
| Filing 2 Filed (ECF) notice of appearance of Shea Lita Bond (SSA/OGC) for Appellee Andrew M. Saul. Substitution for Attorney Mr. Michael K, Marriott, Esquire for Appellee Andrew M. Saul. Date of service: 04/20/2020. (Party was previously proceeding with counsel.) [11665860] [20-15696] (Bond, Shea) [Entered: 04/20/2020 12:46 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Kelly Clayton Mediation Questionnaire due on 04/23/2020. Appellant Kelly Clayton opening brief due 06/15/2020. Appellee Andrew M. Saul, Commissioner of Social Security answering brief due 07/14/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11663570] (JMR) [Entered: 04/16/2020 03:51 PM] |
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