Aasir Azzarmi v. Delta Air Lines, Inc., et al
| RICHARD LORICH, DELTA AIR LINES, INC., a Delaware corporation, TRACY GALLEGOS, JOHN DOE, ANDREA MISSERIAN, JEANNE MAUMUS, JUAN DIAZ, DEBBIE BUNCH and JANE DOE |
| AASIR AZZARMI |
| 20-55676 |
| July 6, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 MANDATE ISSUED. (SRT, MMS and CMC) [11788984] (QDL) [Entered: 08/14/2020 09:04 AM] |
| Filing 2 Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and CONSUELO M. CALLAHAN) A review of the record demonstrates that this court lacks jurisdiction over the district court orders challenged in this appeal. The district courts September 23, 2019 grant of appellants motion to remand this action to state court for lack of subject matter jurisdiction is not reviewable. See 28 U.S.C. 1447(d); Kunzi v. Pan Am. World Airways, Inc., 833 F.2d 1291, 1293 (9th Cir. 1987) (order remanding a removed action to state court for lack of subject matter jurisdiction is not reviewable). To the extent appellant seeks to challenge the portion of the district courts September 23, 2019 order denying appellants motion for costs, fees, and sanctions, this court lacks jurisdiction because the July 2, 2020 notice of appeal was not timely filed. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Stratton v. Buck, 697 F.3d 1004, 1007 (9th Cir. 2012) ([w]here there is no separate judgment, pursuant to Fed. R. App. P. 4(a)(7)(A)(ii), we deem the entry of judgment to be 150 days after the entry of an appealable final order.). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11763371] (JMR) [Entered: 07/23/2020 11:04 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Aasir Azzarmi opening brief due 09/04/2020. Appellees Debbie Bunch, Delta Air Lines, Inc., Juan Diaz, Tracy Gallegos, Jane Doe, John Doe, Richard Lorich, Jeanne Maumus and Andrea Misserian answering brief due 10/05/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11742298] (RT) [Entered: 07/06/2020 10:06 AM] |
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