Cesar Caballero v. Michael Williams, et al
| UNITED STATES OF AMERICA, General Services Administration, SKY ROAD WEBB, MARGE GROW-EPPARD, MICHAEL WILLIAMS and DEGANAWIDAH-QUETZELCOATL UNIVERSITY |
| CESAR CABALLERO and MIWOK NATION (TRIBE) |
| D-Q UNIVERSITY - CALIFORNIA, BOARD OF TRUSTEES |
| 21-15879 |
| May 18, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| CESAR CABALLERO V. MICHAEL WILLIAMS |
Docket Report
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This docket was last retrieved on June 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 19 Received 3 paper copies of excerpts of record [ # 9 ] in 1 volume(s) filed by Appellant Cesar Caballero. [12150672] (KWG) [Entered: 06/22/2021 11:22 AM] |
| Filing 18 Received 6 paper copies of Opening Brief [ # 8 ] filed by Cesar Caballero and Miwok Nation (Tribe). [12150652] (CPA) [Entered: 06/22/2021 11:16 AM] |
| Filing 17 Entered appearance of Intervenor - Pending D-Q University - California, Board of Trustees. [12149945] (QDL) [Entered: 06/21/2021 04:52 PM] |
| Filing 16 Filed (ECF) D-Q University-California, Inc. Board of Trustees Motion to intervene. Date of service: 06/21/2021. [12149824] [21-15879] (Duran, Jack) [Entered: 06/21/2021 04:10 PM] |
| Filing 15 Terminated Appellant Miwok Nation (Tribe) in 21-15879 [12146093] (WL) [Entered: 06/16/2021 01:19 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: AC): On May 21, 2021, the court ordered appellant Miwok Nation to pay the filing and docketing fees for this appeal. See Rowland v. California Mens Colony, Unit II Mens Advisory Council, 506 U.S. 194, 196 (1993) ([O]nly a natural person may qualify for treatment in forma pauperis under 1915.). The May 21, 2021 order warned that failure to pay the fees would result in the automatic dismissal of appellant Miwok Nation from this appeal for failure to prosecute. See 9th Cir. R. 42-1. A review of the district court docket reflects that appellant Miwok Nation has not paid the filing and docketing fees for this appeal. Accordingly, appellant Miwok Nation is dismissed from this appeal. See 9th Cir. R. 42-1. The appeal will proceed only as to appellant Cesar Caballero. Appellant Cesar Caballeros opening brief has been filed. Because there is no appearance by appellees, briefing is complete. To the extent the motion to permit new evidence and the request for judicial notice seek relief on behalf of Miwok Nation, they are denied as moot. To the extent they seek relief on behalf of Cesar Caballero, they (Docket Entry Nos. [ # 10 ] and [ # 11 ]) are referred to the panel assigned to decide the merits of this appeal. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court as to appellant Miwok Nation. [12146085] (WL) [Entered: 06/16/2021 01:18 PM] |
| Filing 13 Deleted Incorrect Entry. [12145991] (WL) [Entered: 06/16/2021 11:57 AM] |
| Filing 12 Filed clerk order: The opening brief [ # 8 ] submitted by Cesar Caballero and Miwok Nation (Tribe) is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 9 ] submitted by Cesar Caballero and Miwok Nation (Tribe) are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12144235] (SML) [Entered: 06/15/2021 09:17 AM] |
| Filing 11 Filed (ECF) Appellants Cesar Caballero and Miwok Nation (Tribe) Motion for miscellaneous relief [MOTION TO PERMIT NEW EVIDENCE ON APPEAL RELEVANT TO SHOW IRREPARABLE HARM AND SUBSTANTIAL LIKELIHOOD OF PREVAILING ON REMAND; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF H. FRANCK]. Date of service: 06/11/2021. [12142049] [21-15879] (Franck, Herman) [Entered: 06/11/2021 02:01 PM] |
| Filing 10 Filed (ECF) Appellants Cesar Caballero and Miwok Nation (Tribe) Motion to take judicial notice of New Complaint filed by D-Q University Board of Trustees. Date of service: 06/11/2021. [12142033] [21-15879] (Franck, Herman) [Entered: 06/11/2021 01:52 PM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellants Cesar Caballero and Miwok Nation (Tribe). Date of service: 06/11/2021. [12142018] [21-15879] (Franck, Herman) [Entered: 06/11/2021 01:47 PM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellants Cesar Caballero and Miwok Nation (Tribe). Date of service: 06/11/2021. [12142002] [21-15879] (Franck, Herman) [Entered: 06/11/2021 01:42 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: AC): A review of the district court docket reflects that the district court granted appellant Cesar Caballero leave to proceed in forma pauperis and that such permission has not been revoked. Accordingly, appellant Cesar Caballeros in forma pauperis status continues in this court. See Fed. R. App. P. 24(a)(3). Appellant Cesar Caballeros motion to proceed in forma pauperis on appeal (Docket Entry No. 3) is therefore unnecessary. A review of this courts docket reflects that appellant Miwok Nation has not paid the filing and docketing fees for this appeal. See Rowland v. California Mens Colony, Unit II Mens Advisory Council, 506 U.S. 194, 196 (1993) ([O]nly a natural person may qualify for treatment in forma pauperis under 1915.). Accordingly, within 21 days after the date of this order, appellant Miwok Nation shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment. Failure to pay the fees will result in the automatic dismissal of appellant Miwok Nation from this appeal for failure to prosecute. See 9th Cir. R. 42-1. The existing briefing schedule remains in effect. [12121598] (JMR) [Entered: 05/21/2021 04:44 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 05/21/2021. 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.[12121068]. [21-15879] (AD) [Entered: 05/21/2021 12:44 PM] |
| Filing 5 Filed (ECF) Appellants Cesar Caballero and Miwok Nation (Tribe) Mediation Questionnaire. Date of service: 05/21/2021. [12121058] [21-15879] (Franck, Herman) [Entered: 05/21/2021 12:40 PM] |
| Filing 4 Fee status changed ( [Case Number 21-15879: IFP Pending In COA] ). [12118033] (JFF) [Entered: 05/19/2021 11:54 AM] |
| Filing 3 Filed (ECF) Appellants Cesar Caballero and Miwok Nation (Tribe) Motion to proceed In Forma Pauperis. Date of service: 05/18/2021. [12117374] [21-15879] (Franck, Herman) [Entered: 05/18/2021 05:30 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed May 14, 2021, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal.The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than June 11, 2021; the answering brief is due July 9, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12117303] (JMR) [Entered: 05/18/2021 04:39 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF APPELLANT COUNSEL AND NO APPEARANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [12116527] (JBS) [Entered: 05/18/2021 11:34 AM] |
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