Salima Witt v. Bristol Farms, et al
| SALIMA WITT |
| BRISTOL FARMS, UC - SAN DIEGO HEALTH, UNIVERSITY OF CALIFORNIA HEALTH and DOES, 1-50, inclusive |
| 21-56331 |
| December 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 12 Filed order (Deputy Clerk: RSK) The unopposed motion to dismiss the appeal without prejudice (Docket Entry No. [ # 11 ]) is granted. Pursuant to the terms of the parties' stipulation, the appeal is dismissed without prejudice to reinstatement in the event that either: (1) the district court below grants the pending motion to dismiss under Rule 12(b)(6) by Defendant Bristol Farms (the sole remaining defendant in the underlying civil action); or (2) the district court otherwise enters a final judgment pursuant to 28 U.S.C. 1291 as to all claims and parties in the underlying civil action. Reinstatement shall be by notice filed by any party in this court and served on the other parties and the Circuit Mediator within 28 days of the entry of either of the orders described in the preceding paragraph. A copy of this order shall serve as and for the mandate of this court.[12341452] (WL) [Entered: 01/14/2022 01:39 PM] |
| Filing 11 Filed (ECF) Appellant Salima Witt Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 01/05/2022. [12332742] [21-56331] (Barnes, Robert) [Entered: 01/05/2022 09:45 PM] |
| Filing 10 Added Attorney(s) David Z. Sohn for party(s) Appellee University of California Health Appellee UC - San Diego Health, in case 21-56331. [12329958] (RR) [Entered: 01/03/2022 05:58 PM] |
| Filing 9 Filed (ECF) notice of appearance of David Zee Sohn (Cole Pedroza LLP, 2295 Huntington Dr. San Marino, CA 91108) for Appellees University of California Health and UC - San Diego Health. Date of service: 01/03/2022. (Party was previously proceeding with counsel.) [12329406] [21-56331] (Sohn, David) [Entered: 01/03/2022 02:30 PM] |
| Filing 8 Mail returned on 12/27/2021 addressed to Patrick S. Ludeman, re: [ # 1 ] Case Opening Information. Returned envelope notes: Return to sender, no such number, unable to forward. Resending to: case files; attorney has registered for electronic service. [12326465] (JMR) [Entered: 12/28/2021 04:13 PM] |
| Filing 7 Added Attorney(s) Cassidy C. Davenport for party(s) Appellee University of California Health and Appellee UC - San Diego Health, in case 21-56331. [12321756] (QDL) [Entered: 12/21/2021 11:26 AM] |
| Filing 6 Filed (ECF) notice of appearance of Cassidy C. Davenport (Cole Pedroza LLP, 2295 Huntington Drive, San Marino, CA 91108) for Appellees UC - San Diego Health and University of California Health. Date of service: 12/21/2021. (Party was previously proceeding with counsel.) [12321748] [21-56331] (Davenport, Cassidy) [Entered: 12/21/2021 11:19 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 01/04/2022, 10:00 a.m., PACIFIC Time. See order for instructions and details. [12321626] (VS) [Entered: 12/21/2021 10:11 AM] |
| Filing 4 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1.Briefing is suspended pending further order of the court. [12320424] (WL) [Entered: 12/20/2021 11:43 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 12/14/2021. 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.[12316120]. [21-56331] (AD) [Entered: 12/15/2021 06:44 AM] |
| Filing 2 Filed (ECF) Appellant Salima Witt Mediation Questionnaire. Date of service: 12/14/2021. [12315574] [21-56331] (Barnes, Robert) [Entered: 12/14/2021 01:36 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Salima Witt Mediation Questionnaire due on 12/16/2021. Appellant Salima Witt opening brief due 02/07/2022. Appellees Bristol Farms, Does, UC - San Diego Health and University of California Health answering brief due 03/08/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12311577] (JMR) [Entered: 12/09/2021 01:36 PM] |
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