The Standard Fire Insurance Co, et al v. Estate of Betty Goldberg, et al
| VIGILANT INSURANCE COMPANY, THE STANDARD FIRE INSURANCE COMPANY, FEDERAL INSURANCE COMPANY, PACIFIC EMPLOYERS INSURANCE COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY, CENTURY INDEMNITY COMPANY and GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, FKA American National Fire Insurance Company |
| ESTATE OF BETTY GOLDBERG, DECEASED, 220 W. GUTIERREZ, LLC, a California limited liability company and ESTATE OF AL GOLDBERG, DECEASED, by and through their successor-in-interest, Daniel Rubin |
| 20-55491 |
| May 5, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 11 Filed order (SUSAN P. GRABER, KIM MCLANE WARDLAW and RYAN D. NELSON) : A review of the record and the responses to the courts May 7, 2020 order demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Lauro Lines S.R.L. v. Chasser, 490 U.S. 495, 498 (1989) (an order is effectively unreviewable on appeal from a final judgment only where the order at issue involves an asserted right the legal and practical value of which would be destroyed if it were not vindicated before trial) (internal quotation marks and citation omitted); Confederated Salish v. Simonich, 29 F.3d 1398, 1402-03 (9th Cir. 1994) (district courts denial of motion to dismiss not immediately appealable under collateral order doctrine because not effectively unreviewable on appeal from final judgment); see also Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 278, 287-88 (1988) (district courts denial of motion to stay litigation not immediately appealable under collateral order doctrine or as denial of an injunction under 28 U.S.C. 1292(a)(1)). Accordingly, this appeal is dismissed for lack of jurisdiction. Appellants alternative request for mandamus relief is denied because appellants have not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977) (stating standard). DISMISSED. [11735055] (RT) [Entered: 06/26/2020 01:47 PM] |
| Filing 10 Filed (ECF) Appellees Century Indemnity Company, Federal Insurance Company, Great American Insurance Company of New York, Pacific Employers Insurance Company, The Standard Fire Insurance Company, Travelers Casualty and Surety Company and Vigilant Insurance Company reply to response to order to show cause dated 05/07/2020. Date of service: 06/03/2020. [11710172] [20-55491] (Baron, William) [Entered: 06/03/2020 04:03 PM] |
| Filing 9 Filed (ECF) Appellants 220 W. Gutierrez, LLC, Estate of Al Goldberg, Deceased and Estate of Betty Goldberg, Deceased response to order to show cause dated 05/07/2020. Date of service: 05/28/2020. [11704562] [20-55491] (Stone, Bret) [Entered: 05/28/2020 07:56 PM] |
| Filing 8 Added Attorney(s) Nicholas Richard Andrea for party(s) Appellee Federal Insurance Company Appellee Century Indemnity Company Appellee Pacific Employers Insurance Company Appellee Vigilant Insurance Company, in case 20-55491. [11697115] (NAC) [Entered: 05/20/2020 03:12 PM] |
| Filing 7 Filed (ECF) notice of appearance of Nicholas R. Andrea (AIWASIAN & ASSOCIATES 725 S. Figueroa Street, Suite 1050 Los Angeles, CA 90017) for Appellees Century Indemnity Company, Federal Insurance Company, Pacific Employers Insurance Company and Vigilant Insurance Company. Date of service: 05/20/2020. (Party was previously proceeding with counsel.) [11697087] [20-55491] (Andrea, Nicholas) [Entered: 05/20/2020 03:00 PM] |
| Filing 6 Attorney John Calvin Conway in 20-55491 substituted by Attorney Deborah A. Aiwasian in 20-55491 [11690565] (NAC) [Entered: 05/14/2020 09:38 AM] |
| Filing 5 Filed (ECF) notice of appearance of Deborah A. Aiwasian (AIWASIAN & ASSOCIATES 725 S. Figueroa Street, Suite 1050 Los Angeles, CA 90017) for Appellees Century Indemnity Company, Federal Insurance Company, Pacific Employers Insurance Company and Vigilant Insurance Company. Substitution for Attorney John Calvin Conway, Esquire for Appellees Century Indemnity Company, Federal Insurance Company, Pacific Employers Insurance Company and Vigilant Insurance Company. Date of service: 05/14/2020. (Party was previously proceeding with counsel.) [11690559] [20-55491] (Aiwasian, Deborah) [Entered: 05/14/2020 09:34 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 05/12/2020. 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.[11688915]. [20-55491] (AD) [Entered: 05/12/2020 06:44 PM] |
| Filing 3 Filed (ECF) Appellants 220 W. Gutierrez, LLC, Estate of Al Goldberg, Deceased and Estate of Betty Goldberg, Deceased Mediation Questionnaire. Date of service: 05/12/2020. [11688742] [20-55491] (Stone, Bret) [Entered: 05/12/2020 04:23 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; 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); see also Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 275 (1988) (district courts denial of motion to stay litigation not immediately appealable). 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. [11684255] (RT) [Entered: 05/07/2020 04:31 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants 220 W. Gutierrez, LLC, Estate of Al Goldberg, Deceased and Estate of Betty Goldberg, Deceased Mediation Questionnaire due on 05/12/2020. Appellants 220 W. Gutierrez, LLC, Estate of Al Goldberg, Deceased and Estate of Betty Goldberg, Deceased opening brief due 07/06/2020. Appellees Century Indemnity Company, Federal Insurance Company, Great American Insurance Company of New York, Pacific Employers Insurance Company, The Standard Fire Insurance Company, Travelers Casualty and Surety Company and Vigilant Insurance Company answering brief due 08/03/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11680789] (JBS) [Entered: 05/05/2020 10:34 AM] |
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