Environmental Transportation o, et al v. Komatsu Equipment Company, et al
| JANE DOE PILES, TYLER PILES and MODERN MACHINERY CO., INC., a Montana corporation |
| HENRY ABADIA, a Nevada resident and ENVIRONMENTAL TRANSPORTATION OF NEVADA, LLC, a Nevada limited liability company |
| KOMATSU AMERICA CORP., a Georgia corporation and KOMATSU EQUIPMENT COMPANY, a Delaware corporation |
| 20-35406 |
| May 12, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 9 Filed order (Deputy Clerk: CG): The conference previously scheduled for June 16, 2020, is canceled. Appellants motion to dismiss this appeal with prejudice (Docket Entry No. [ # 8 ]) is granted. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. [11721599] (AF) [Entered: 06/15/2020 11:48 AM] |
| Filing 8 Filed (ECF) Appellants Henry Abadia and Environmental Transportation of Nevada, LLC Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 06/15/2020. [11721241] [20-35406] (Gillett, Eric) [Entered: 06/15/2020 09:13 AM] |
| Filing 7 Filed (ECF) Appellants Henry Abadia and Environmental Transportation of Nevada, LLC response to Court order dated 05/13/2020. Date of service: 05/29/2020. [11705130] [20-35406] (Dickerson, Debra) [Entered: 05/29/2020 12:45 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL IN Assessment Conference, 06/16/2020, 2:30 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11701283] (LW) [Entered: 05/26/2020 03:26 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 05/22/2020. 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.[11699956]. [20-35406] (AD) [Entered: 05/22/2020 06:44 PM] |
| Filing 4 Filed (ECF) Appellants Henry Abadia and Environmental Transportation of Nevada, LLC Mediation Questionnaire. Date of service: 05/22/2020. [11699405] [20-35406] (Gillett, Eric) [Entered: 05/22/2020 02:21 PM] |
| Filing 3 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellants have filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellants shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [11698147] (LW) [Entered: 05/21/2020 02:26 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the appeal may not be final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable unless it disposes of all claims as to all parties or judgment is entered in compliance with rule). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do 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. (COURT UPDATE: To correct content of the order; 5/13/2020 by AF) [11689878] (AF) [Entered: 05/13/2020 02:12 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Henry Abadia and Environmental Transportation of Nevada, LLC Mediation Questionnaire due on 05/19/2020. Appellants Henry Abadia and Environmental Transportation of Nevada, LLC opening brief due 07/14/2020. Appellees Komatsu America Corp. and Komatsu Equipment Company answering brief due 08/14/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11688610] (RT) [Entered: 05/12/2020 03:21 PM] |
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