Herman Roberson v. City of Hawthorne, et al
| JEROME MICHALCZAK, individually, and in his official capacity, CITY OF HAWTHORNE and BRIAN LAZOREK, individually, and in his official capacity |
| HERMAN ROBERSON |
| 21-55201 |
| March 5, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 4 Filed order (Deputy Clerk: LCC) On March 12, 2021, this court ordered plaintiff-appellant Roberson, within 21 days, either to move for voluntary dismissal of appeal No. 21-55201 or to show cause why it should not be dismissed for lack of jurisdiction. The order warned plaintiff-appellant that failure to comply would result in the automatic dismissal of appeal No. 21-55201 by the Clerk. To date, plaintiff-appellant has not complied with the courts March 12, 2021 order. Accordingly, appeal No. 21-55201 is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court to only case no. 21-55201 Briefing in appeal No. 21-55134 will remain stayed pending further order of the court. [12082246] (WL) [Entered: 04/21/2021 12:20 PM] |
| Filing 3 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 06/01/2021, 10:00 a.m., Pacific Time. See order for details. [12059162] [21-55134, 21-55201] (VS) [Entered: 03/31/2021 09:40 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): These cross-appeals challenge the district courts January 29, 2021 order on summary judgment, which denied qualified immunity to defendants-appellants. A review of the record suggests that this court may lack jurisdiction over appeal No. 21-55201 because the challenged order may not be final or appealable as to plaintiff-appellant Roberson. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable under 1291 unless it disposes of all claims as to all parties or judgment is entered in compliance with Rule 54(b)); cf. Mitchell v. Forsyth, 472 U.S. 511, 530 (1985) (orders denying qualified immunity are generally immediately appealable); Rodis v. City, Cty. of San Francisco, 558 F.3d 964, 968 (9th Cir. 2009). Within 21 days after the date of this order, plaintiff-appellant Roberson shall move for voluntary dismissal of appeal No. 21-55201 or show cause why it should not be dismissed for lack of jurisdiction. If plaintiff-appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If plaintiff-appellant does not comply with this order, the Clerk shall dismiss appeal No. 21-55201 pursuant to Ninth Circuit Rule 42-1. Briefing in these cross-appeals is suspended pending further order of the court. [12039031] [21-55134, 21-55201] (WL) [Entered: 03/12/2021 08:56 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Herman Roberson Mediation Questionnaire due on 03/12/2021. First cross appeal brief due 06/01/2021 for Brian Lazorek and Jerome Michalczak. Second brief on cross appeal due 07/01/2021 for Herman Roberson. Third brief on cross appeal due 08/02/2021 for Brian Lazorek, Jerome Michalczak and City of Hawthorne. Optional cross appeal reply brief is due within 21 days of service of third brief on cross appeal. [12025739] [21-55201, 21-55134] (JBS) [Entered: 03/05/2021 10:55 AM] |
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