Dwight Banks, et al v. Whambo! Enterprises, LLC, et al
| DWIGHT BANKS |
| MICHAEL A. TAIBI, Attorney for Plaintiff |
| WHAMBO! ENTERPRISES, LLC, DBA Bagby Beer Company and GALLEISKY PROPERTY MANAGEMENT, LLC |
| 21-55711 |
| July 7, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 4 Filed order (Deputy Clerk: LCC): On July 15, 2021, this court ordered appellants, within 21 days, either to move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. The order warned appellants that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellants have not complied with the courts order. Accordingly, this appeal 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 and for the mandate of this court. [12208902] (AF) [Entered: 08/23/2021 02:26 PM] |
| Filing 3 Filed order MEDIATION (LW): The Court of Appeals records do not indicate that appellant has filed a Mediation Questionnaire in accordance with Circuit Rule 3-4. Within seven (7) days of the filing of this order, appellant shall: (a) file a Mediation Questionnaire (available on the courts website: www.ca9.uscourts.gov), or (b) dismiss the appeal voluntarily pursuant to Fed.R.App.P. 42(b). Information about the mediation program may be found on the courts website: www.ca9.uscourt.gov/mediation. [12183469] (JMR) [Entered: 07/26/2021 04:34 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the appeal may not be final or appealable. See 28 U.S.C. 1291; Cato v. Fresno City, 220 F.3d 1073, 1074 (9th Cir. 2000) (holding that an order imposing sanctions against counsel pursuant to Fed. R. Civ. P. 16(f) is not appealable until entry of final judgment). Further, this court may lack jurisdiction over the appeal filed by plaintiff-appellant because a client generally lacks standing to appeal a sanctions order against the clients attorney. See Estate of Bishop v. Bechtel Power Corp., 905 F.2d 1272, 1276 (9th Cir. 1990). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do 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. [12173780] (AF) [Entered: 07/15/2021 02:46 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Dwight Banks and Michael A. Taibi Mediation Questionnaire due on 07/14/2021. Transcript ordered by 08/05/2021. Transcript due 09/07/2021. Appellants Dwight Banks and Michael A. Taibi opening brief due 10/14/2021. Appellees Galleisky Property Management, LLC and Whambo! Enterprises, LLC answering brief due 11/15/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12164670] (JBS) [Entered: 07/07/2021 09:22 AM] |
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