Brian Driscoll v. MetLife Insurance Company, et al
| BRIAN JOSEPH DRISCOLL |
| ANHEUSER-BUSCH INC., JOHN DOES and METLIFE INSURANCE COMPANY |
| 20-56391 |
| December 28, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Filed order (WILLIAM C. CANBY, SUSAN P. GRABER and MICHELLE T. FRIEDLAND) : A review of the record and the parties responses to the January 5, 2021 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the December 23, 2020 notice of appeal was not filed within 30 days after the district courts judgment entered on November 9, 2020. 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); Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal); see also Fed. R. App. P. 26(b)(1) (court of appeals may not extend time to file a notice of appeal except as authorized in Fed. R. App. P. 4). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12005498] (RT) [Entered: 02/16/2021 05:56 PM] |
| Filing 5 Received Appellant Brian Joseph Driscoll notice to the Court, and District Court case docket. [11981008] (NAC) [Entered: 01/26/2021 07:29 AM] |
| Filing 4 Filed (ECF) Appellees Anheuser-Busch Inc. and MetLife Insurance Company response to Court order dated 01/29/2021. Date of service: 01/25/2021. [11980740] [20-56391] (Murray, Misty) [Entered: 01/25/2021 05:00 PM] |
| Filing 3 Filed Appellant Brian Joseph Driscoll response to order to show cause. [11969946] (NAC) [Entered: 01/20/2021 02:57 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts judgment was entered on the docket on November 9, 2020. Appellants notice of appeal was filed in the district court on December 23, 2020. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 30 days after entry of the district courts judgment. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Fed R. App. P. 4(a)(5). 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. [11953033] (CKP) [Entered: 01/05/2021 01:43 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Transcript ordered by 01/22/2021. Transcript due 02/22/2021. Appellant Brian Joseph Driscoll opening brief due 04/02/2021. Appellees Anheuser-Busch Inc., John Does and MetLife Insurance Company answering brief due 05/03/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11945699] (JMR) [Entered: 12/28/2020 09:56 AM] |
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