Chad Barnes v. Kris Henry, et al
| SEA HAWAII RAFTING, LLC, JOHN DOES 1-20, MARY DOES 1-20, DOE CORPORATIONS 1-20, DOE PARTNERSHIPS 1-20, DOE ASSOCIATES 1-20, DOE GOVERNMENTAL AGENCIES 1-20, OTHER ENTITIES 1-20, In Personam and M/V TEHANI, Ha-1629-CP her engines, equipment, tackle, FARES, stores, PERMITS, furnishings, cargo and freight, In Rem |
| CHAD BARRY BARNES |
| KRIS HENRY, ALOHA OCEAN EXCURSIONS LLC, KRIS HENRY, INC., MARY LYN OGLETREE and ALI'I OCEAN TOURS |
| 21-16572 |
| September 24, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 9 Filed order (Deputy Clerk: KS) Appellants motion for voluntary dismissal (Docket Entry No. [ # 8 ]) is granted. Fed. R. App. P. 42(b). Dismissal is without prejudice to any party filing a new appeal from a subsequently entered appealable order. A copy of this order shall serve as and for the mandate of this court. [12285807] (WL) [Entered: 11/12/2021 01:33 PM] |
| Filing 8 Filed (ECF) Appellant Chad Barry Barnes Motion to dismiss the case. Date of service: 10/28/2021. [12272695] --[COURT ENTERED FILING to correct entry [7] .] (TYL) [Entered: 10/29/2021 10:04 AM] |
| Filing 7 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 8 ]. Original Text: Filed (ECF) Appellant Chad Barry Barnes response to Court order dated 10/21/2021. Date of service: 10/28/2021. [12272469] [21-16572] (Friedheim, Jay) [Entered: 10/28/2021 10:30 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the challenged order may not be final or appealable. See 28 U.S.C. 1292(a)(3); Barnes v. Sea Haw. Rafting, LLC, 889 F.3d 517, 528 (9th Cir. 2018) (noting that jurisdiction under 1292(a)(3) is limited to orders that decide the merits of the controversies between [the parties]) (citation and internal quotation marks omitted). Within 21 days after the date of this order, appellant shall either move for voluntary dismissal of this 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. [12264236] (JMR) [Entered: 10/21/2021 10:37 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 11/04/2021, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12260163] (CL) [Entered: 10/18/2021 02:34 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 10/01/2021. 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.[12245702]. [21-16572] (AD) [Entered: 10/01/2021 06:44 PM] |
| Filing 3 Filed (ECF) Appellant Chad Barry Barnes Mediation Questionnaire. Date of service: 10/01/2021. [12245668] [21-16572] (Friedheim, Jay) [Entered: 10/01/2021 05:21 PM] |
| Filing 2 Filed (ECF) Appellant Chad Barry Barnes Motion to remand case. Date of service: 10/01/2021. [12245637] [21-16572] (Friedheim, Jay) [Entered: 10/01/2021 05:02 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Chad Barry Barnes Mediation Questionnaire due on 10/01/2021. Appellant Chad Barry Barnes opening brief due 11/22/2021. Appellees Ali'i Ocean Tours, Aloha Ocean Excursions LLC, Kris Henry, Kris Henry, Inc. and Mary Lyn Ogletree answering brief due 12/22/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12238495] (JBS) [Entered: 09/24/2021 02:09 PM] |
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