Stacey Halpin, et al v. Banner Health
| In re: BANNER HEALTH DATA BREACH LITIGATION |
| STACEY HALPIN, KIM MARYNIAK, SUMMER SADIRA, STAN GRIEP, BETTY CLAYTON and HOWARD CHEN, Plaintiffs and Class Representatives |
| GARY TERRY |
| BANNER HEALTH, an Arizona corporation |
| 21-16844 |
| November 2, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Property Damage |
Docket Report
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| Filing 7 Filed order (DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS and RICHARD C. TALLMAN) Appellants letter to the court received on February 3, 2022 is construed as a motion to recall the mandate. So construed, the motion (Docket Entry No. [ # 6 ]) is denied because there are no extraordinary circumstances to support such relief. See Calderon v. Thompson, 523 U.S. 538, 550 (1998). No further filings will be entertained in this closed case. [12462934] (WL) [Entered: 06/03/2022 11:29 AM] |
| Filing 6 Filed Appellant Gary Terry letter dated re: mandate. Paper filing deficiency: None. [12360848] (JFF) [Entered: 02/04/2022 10:22 AM] |
| Filing 5 MANDATE ISSUED. (DFO, SRT and RCT) [12328781] (JFF) [Entered: 01/03/2022 09:56 AM] |
| Filing 4 Filed order (DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS and RICHARD C. TALLMAN) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the October 28, 2021 notice of appeal was not filed within 30 days after the district courts judgment entered on April 21, 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). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12311261] (OC) [Entered: 12/09/2021 11:07 AM] |
| Filing 3 Filed (ECF) Appellee Banner Health Joint Motion to dismiss the case. Date of service: 12/06/2021. [12307116] [21-16844] (Collignon, Casie) [Entered: 12/06/2021 02:44 PM] |
| Filing 2 Received copy of District Court order filed on 11/23/2021. denying Gary Terrys Motion to Appeal. [12298113] (JFF) [Entered: 11/24/2021 03:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 12/03/2021. Transcript due 01/03/2022. Appellant Gary Terry opening brief due 02/08/2022. Appellees Banner Health, Howard Chen, Betty Clayton, Stan Griep, Stacey Halpin, Kim Maryniak and Summer Sadira answering brief due 03/09/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12276385] (RT) [Entered: 11/02/2021 04:19 PM] |
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