BackGrid USA, Inc. v. Modern Notoriety Inc., et al
| BACKGRID USA, INC., a California corporation |
| MODERN NOTORIETY INC., an Illinois corporation, OSCAR CASTILLO, an individual and DOES, 1-10, inclusive |
| 21-56104 |
| October 12, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Filed order (Deputy Clerk: SL): Appellants motion for voluntary dismissal (Docket Entry No. [ # 3 ]) is construed as a motion to dismiss with prejudice. So construed, the motion 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. The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. [12296834] (AF) [Entered: 11/23/2021 01:36 PM] |
| Filing 3 Filed (ECF) Appellant BackGrid USA, Inc. Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 11/17/2021. [12291091] [21-56104] (Ardalan, Joanna) [Entered: 11/17/2021 06:56 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; 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)). Within 21 days after the date of this order, appellant shall either move for voluntary dismissal of the 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. [12270278] (AF) [Entered: 10/27/2021 11:51 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant BackGrid USA, Inc. opening brief due 12/10/2021. Appellees Oscar Castillo, Does and Modern Notoriety Inc. answering brief due 01/10/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12253704] (RT) [Entered: 10/12/2021 11:22 AM] |
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