Abraham Yuen v. Christopher Warren
| DOES, 1-10, inclusive |
| LOS ANGELES POLICE DEPARTMENT |
| CHRISTOPHER WARREN, Officer; Number 1408, BRAD KELLER, Chief of Police; in his individual and official capacity and CITY OF MONTEBELLO |
| ABRAHAM YUEN |
| 21-55214 |
| March 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on April 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Terminated Appellants City of Montebello and Brad Keller in 21-55214 [12096548] (AF) [Entered: 04/29/2021 09:40 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: LCC): The stipulated motion to voluntarily dismiss the appeal as to appellants City of Montebello and Keller (Docket Entry No. [ # 6 ]) is granted. The appeal is dismissed as to appellants City of Montebello and Keller only. The appeal shall proceed as to appellant Warren. The opening brief and excerpts of record are due June 17, 2021. The answering brief is due July 19, 2021. The optional reply brief is due within 21 days after service of the answering brief. In addition to all other issues the parties wish to raise in their briefs, the parties shall address the basis for this courts jurisdiction over this appeal. See Villanueva v. California, 986 F.3d 1158, 1164 (9th Cir. 2021) (court of appeals has jurisdiction over interlocutory appeal from denial of qualified immunity only to the extent that it turns on an issue of law) (citation omitted). [12096546] (AF) [Entered: 04/29/2021 09:39 AM] |
| Filing 6 Filed (ECF) Appellants City of Montebello, Brad Keller and Christopher Warren Stipulated Motion to dismiss party from case. Date of service: 04/21/2021. [12082783] [21-55214] (Colvin, Roger) [Entered: 04/21/2021 04:35 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over the appeal filed by the City of Montebello because the order challenged in the appeal may not be final or appealable as to the City. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019) (The denial of summary judgment to a municipal defendant on a Monell claim is . . . no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable.); Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). Within 21 days after the date of this order, appellant City of Montebello shall move for voluntary dismissal of its appeal or show cause why the appeal should not be dismissed as to the City for lack of jurisdiction. If the City elects to show cause, a response may be filed within 10 days after service of the memorandum. If the City of Montebello does not comply with this order, the Clerk shall dismiss the Citys appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12060693] (JMR) [Entered: 04/01/2021 11:38 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL IN AssessmentConference, 04/14/2021, 2:30 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12049620] (LW) [Entered: 03/22/2021 02:59 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 03/16/2021. 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.[12043695]. [21-55214] (AD) [Entered: 03/16/2021 06:44 PM] |
| Filing 2 Filed (ECF) Appellants City of Montebello, Brad Keller and Christopher Warren Mediation Questionnaire. Date of service: 03/16/2021. [12043482] [21-55214] (Colvin, Roger) [Entered: 03/16/2021 04:20 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants City of Montebello, Brad Keller and Christopher Warren Mediation Questionnaire due on 03/16/2021. Transcript ordered by 04/09/2021. Transcript due 05/07/2021. Appellants City of Montebello, Brad Keller and Christopher Warren opening brief due 06/17/2021. Appellee Abraham Yuen answering brief due 07/19/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12028943] (RT) [Entered: 03/09/2021 09:54 AM] |
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