Environmental Transportation o, et al v. Modern Machinery Co., Inc., et al
| HENRY ABADIA, a Nevada resident |
| MODERN MACHINERY CO., INC., a Montana corporation, JANE DOE PILES, KOMATSU AMERICA CORP., a Georgia corporation, KOMATSU EQUIPMENT COMPANY, a Delaware corporation and TYLER PILES |
| ENVIRONMENTAL TRANSPORTATION OF NEVADA, LLC, a Nevada limited liability company |
| 20-35317 |
| April 8, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 11 The Mediation Questionnaire for this case was filed on 05/18/2020. 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.[11694701]. [20-35317] (AD) [Entered: 05/18/2020 06:44 PM] |
| Filing 10 Filed (ECF) Appellant Environmental Transportation of Nevada, LLC Mediation Questionnaire. Date of service: 05/18/2020. [11694092] [20-35317] (Gillett, Eric) [Entered: 05/18/2020 02:17 PM] |
| Filing 9 Filed order (Deputy Clerk: LCC) Appellants motion for voluntary dismissal of this appeal (Docket Entry No. [ # 8 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [11674772] (WL) [Entered: 04/28/2020 03:49 PM] |
| Filing 8 Filed (ECF) Appellant Environmental Transportation of Nevada, LLC response to order to show cause dated 04/09/2020. Date of service: 04/24/2020. [11671283] [20-35317] (Fritts, John) [Entered: 04/24/2020 02:41 PM] |
| Filing 7 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [11670083] (LW) [Entered: 04/23/2020 03:08 PM] |
| Filing 6 Terminated Debra Dickerson for Environmental Transportation of Nevada, LLC in 20-35317 (due to incorrect ECF contact information) [11666364] (RY) [Entered: 04/20/2020 04:43 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: LCC): Appellants motion for voluntary dismissal (Docket Entry No. [ # 4 ]) is denied because the motion requests dismissal without prejudice. If appellant seeks voluntary dismissal of this appeal, the motion must request dismissal with prejudice. Appellant remains obligated to comply with the courts April 9, 2020 order by either (1) moving for voluntary dismissal of the appeal with prejudice, or (2) showing cause why the appeal should not be dismissed for lack of jurisdiction. Briefing remains stayed pending further order of the court. [11664865] (AF) [Entered: 04/17/2020 03:47 PM] |
| Filing 4 Filed (ECF) Appellant Environmental Transportation of Nevada, LLC Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 04/15/2020. [11663063]--[COURT ENTERED FILING to correct entry [3].] (SLM) [Entered: 04/16/2020 12:52 PM] |
| Filing 3 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 4 ]. Original Text: Filed (ECF) Appellant Environmental Transportation of Nevada, LLC response to order to show cause dated 04/09/2020. Date of service: 04/15/2020. [11662001] [20-35317] (Fritts, John) [Entered: 04/15/2020 02:14 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over the appeal because the order challenged in the appeal may not be final or appealable. See 28 U.S.C. 1291, 1292(a)(1); Medhekar v. United States Dist. Ct., 99 F.3d 325, 326 (9th Cir. 1996) (discovery orders not immediately appealable); Gon v. First State Ins. Co., 871 F.2d 863, 865-66 (9th Cir. 1989) (orders that regulate the course of litigation, such as discovery orders, are not immediately appealable as injunctions). 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. [11656480] (AF) [Entered: 04/09/2020 01:29 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Environmental Transportation of Nevada, LLC Mediation Questionnaire due on 04/15/2020. Appellant Environmental Transportation of Nevada, LLC opening brief due 06/15/2020. Appellees Komatsu America Corp., Komatsu Equipment Company, Modern Machinery Co., Inc., Jane Doe Piles and Tyler Piles answering brief due 07/15/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11655598] (RT) [Entered: 04/08/2020 02:44 PM] |
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