RSA-Tumon, LLC v. Sherif Philips, et al
| PITT COUNTY MEMORIAL HOSPITAL, INC. |
| SHERIF A. PHILIPS |
| RSA-TUMON, LLC |
| 21-15578 |
| March 31, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed Appellant Sherif A. Philips motion to reconsider Panel order of the Court filed on 04/15/2021. Deficiencies: None. [12082746] (QDL) [Entered: 04/21/2021 04:22 PM] |
| Filing 3 Terminated Anita Perez Arriola for RSA-Tumon, LLC in 21-15578 (contact information not up to date) [12076442] (TYL) [Entered: 04/15/2021 04:58 PM] |
| Filing 2 Filed order (RICHARD R. CLIFTON, MARY H. MURGUIA and DANIEL A. BRESS) A review of the record demonstrates that this court lacks jurisdiction over this appeal. The portion of the district courts March 30, 2021 order granting the motion to remand this action to the Superior Court of Guam 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). The portion of the district courts March 30, 2021 order granting the motion for fees and costs but directing further proceedings to determine the amount is not yet final. See 28 U.S.C. 1291; Intel Corp. v. Terabyte Intl, Inc., 6 F.3d 614, 617 (9th Cir. 1993) (award of attorneys fees becomes final when the amount is determined); Moore v. Permanente Med. Grp., Inc., 981 F.2d 443, 447 (9th Cir. 1992) (reviewing award of attorney fees for improper removal for an abuse of discretion). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12076411] (JMR) [Entered: 04/15/2021 04:46 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Sherif A. Philips opening brief due 06/01/2021. Appellee RSA-Tumon, LLC answering brief due 07/01/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12059598] (JBS) [Entered: 03/31/2021 01:23 PM] |
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