David Kelley v. Andrew Wilper
| DAVID S. KELLEY |
| ANDREW WILPER, MD, MHP; Chief of Staff, Boise VA Medical Center |
| 20-36131 |
| December 31, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Filed order (Interim Appellate Commissioner): The court has received and reviewed appellants responses to this courts January 11, 2021 order to show cause. The district court entered a final judgment on February 9, 2021. Accordingly, the order to show cause is discharged. See Hall v. N. Am. Van Lines, Inc., 476 F.3d 683, 686 (9th Cir. 2007) (deeming a premature appeal from a dismissal with leave to amend to have been taken from the final judgment where the district court entered judgment after the plaintiff declined to amend). The previously established briefing schedule remains in effect. [12010976] (WL) [Entered: 02/22/2021 08:35 AM] |
| Filing 6 Received Appellant David S. Kelley notice regarding addendum statement for jurisdiction standing. [12005681] (RR) [Entered: 02/17/2021 06:57 AM] |
| Filing 5 Filed Appellant David S. Kelley response to order to show cause. [11989830] (RR) [Entered: 02/02/2021 12:31 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: MF): A review of the record suggests that this court may lack jurisdiction over the appeal because the order challenged in the appeal is not final or appealable. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (dismissal of complaint with leave to amend is not appealable). 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. [11958930] (CKP) [Entered: 01/11/2021 12:24 PM] |
| Filing 3 Sent Appellant a copy of the docket sheet and the FRAP and Ninth Circuit rules in response to his letter of request received on 01/06/2020. [11955275] (JR) [Entered: 01/07/2021 09:19 AM] |
| Filing 2 Received Appellant David S. Kelley notice requesting FRAP Rules and docket sheet. [11955075] (RR) [Entered: 01/06/2021 11:30 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant David S. Kelley opening brief due 03/01/2021. Appellee Andrew Wilper answering brief due 04/01/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11949465] (RT) [Entered: 12/31/2020 09:29 AM] |
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| Plaintiff / appellant: DAVID S. KELLEY | |
| Represented By: | David S. Kelley |
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| Defendant / appellee: ANDREW WILPER, MD, MHP; Chief of Staff, Boise VA Medical Center | |
| Represented By: | Nicholas John Woychick Esquire |
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