OTRA, LLC v. American Safety Indemnity Co
| OTRA, LLC |
| AMERICAN SAFETY INDEMNITY COMPANY |
| 20-36101 |
| December 21, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on February 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 8 Filed order (Deputy Clerk: RSK): The unopposed motion to dismiss the appeal without prejudice (Docket Entry No. [ # 7 ]) is granted. The appeal is dismissed without prejudice to reinstatement in the event the district court grants Defendant/Appellants January 27, 2021 motion. Reinstatement shall be by notice filed by any party in this court and served on the other parties and the Circuit Mediator within 28 days of the district courts order granting the Defendant/Appellants motion. If no notice of reinstatement is filed and served, the appeal will be deemed dismissed with prejudice. A copy of this order shall serve as and for the mandate of this court. [11996613] (AF) [Entered: 02/08/2021 03:48 PM] |
| Filing 7 Filed (ECF) Appellant American Safety Indemnity Company Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 02/02/2021. [11989460] [20-36101] (Crow, Jennifer) [Entered: 02/02/2021 09:48 AM] |
| Filing 6 Filed (ECF) Appellant American Safety Indemnity Company response to order to show cause dated 01/07/2021. Date of service: 01/27/2021. [11983666] [20-36101] (Crow, Jennifer) [Entered: 01/27/2021 03:21 PM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 01/25/2021, 09:00 a.m., PACIFIC Time. See order for instructions and details. [11960762] (VS) [Entered: 01/12/2021 11:53 AM] |
| Filing 4 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 under 1291 unless it disposes of all claims as to all parties or judgment is entered in compliance with Rule 54(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. [11955529] (AF) [Entered: 01/07/2021 10:55 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 12/29/2020. 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.[11948125]. [20-36101] (AD) [Entered: 12/29/2020 06:44 PM] |
| Filing 2 Filed (ECF) Appellant American Safety Indemnity Company Mediation Questionnaire. Date of service: 12/29/2020. [11947485] [20-36101] (Crow, Jennifer) [Entered: 12/29/2020 12:51 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant American Safety Indemnity Company Mediation Questionnaire due on 12/28/2020. Transcript ordered by 01/19/2021. Transcript due 02/16/2021. Appellant American Safety Indemnity Company opening brief due 03/29/2021. Appellee OTRA, LLC answering brief due 04/27/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11935511] (JMR) [Entered: 12/21/2020 03:30 PM] |
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| Plaintiff / appellee: OTRA, LLC | |
| Represented By: | Nicholas A. Thede |
| Represented By: | Kyle Sturm |
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| Defendant / appellant: AMERICAN SAFETY INDEMNITY COMPANY | |
| Represented By: | Jennifer Crow |
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