Desiree Martinez v. City of Clovis, et al
| DESIREE MARTINEZ |
| CITY OF CLOVIS, SANGER CITY, CHANNON HIGH, KYLE PENNINGTON, KIM PENNINGTON, CONNIE PENNINGTON, KRISTINA HERSHBERGER, JESUS SANTILLAN, ANGELA YAMBUPAH, RALPH SALAZAR and FRED SANDERS |
| 22-15087 |
| January 20, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Filing 10 MANDATE ISSUED. (WCC, MSB and MJB) [12398622] (NAC) [Entered: 03/18/2022 07:24 AM] |
| Filing 9 Filed order (WILLIAM C. CANBY, MARSHA S. BERZON and MARK J. BENNETT) : A review of the record and the responses to the courts January 26, 2022 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the judgment challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); United States v. Gila Valley Irrigation Dist., 859 F.3d 789, 797-98 (9th Cir. 2017) (order not properly appealable despite entry of judgment where district court never made an express determination that there was no need for further delay); Frank Briscoe Co., Inc. v. Morrison-Knudsen Co., Inc., 776 F.2d 1414, 1416 (9th Cir. 1985) (order disposing of fewer than all claims or parties not appealable absent express determination from district court that there is no just reason for delay under Rule 54(b)). Accordingly, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12379488] (RT) [Entered: 02/24/2022 03:55 PM] |
| Filing 8 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12372458] (VS) [Entered: 02/16/2022 02:45 PM] |
| Filing 7 Filed (ECF) Appellee Channon High reply to response to order to show cause dated 01/26/2022. Date of service: 02/03/2022. [12359848] [22-15087] (Cha, Daniel) [Entered: 02/03/2022 10:28 AM] |
| Filing 6 Filed order MEDIATION (VS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a dial-in telephone assessment conference with counsel and Circuit Mediator Stephen M. Liacouras at the date and time indicated above to explore settlement potential. Each attorney on the attached list of participants will receive an email with dial-in information. If there are any changes or additions to the list, please notify the Mediation Office at mediation@ca9.uscourts.gov. Also, if counsel has an unavoidable scheduling conflict, please notify Circuit Mediator Stephen M. Liacouras immediately by email (Stephen_Liacouras@ca9.uscourts.gov) and copy all counsel on any such communications. All emails should include the Ninth Circuit case name and number in the subject line. All discussions that take place in the context of the assessment conference are confidential. See Circuit Rule 33-1. For more detailed information about the assessment conference, confidentiality, and the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. (Date: February 16, 2022 Time: 2:00 p.m. PACIFIC TIME) (SEE ORDER FOR FULL TEXT) [12354839] (AF) [Entered: 01/28/2022 03:08 PM] |
| Filing 5 Filed (ECF) Appellant Desiree Martinez response to order to show cause dated 01/26/2022. Date of service: 01/26/2022. [12352787] [22-15087] (Little, Kevin) [Entered: 01/26/2022 10:00 PM] |
| 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. [12352577] (RT) [Entered: 01/26/2022 04:05 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 01/25/2022. 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.[12351329]. [22-15087] (AD) [Entered: 01/25/2022 06:44 PM] |
| Filing 2 Filed (ECF) Appellant Desiree Martinez Mediation Questionnaire. Date of service: 01/25/2022. [12351297] [22-15087] (Little, Kevin) [Entered: 01/25/2022 05:39 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Desiree Martinez Mediation Questionnaire due on 01/27/2022. Transcript ordered by 02/18/2022. Transcript due 03/21/2022. Appellant Desiree Martinez opening brief due 04/26/2022. Appellees Channon High, City of Clovis, Kristina Hershberger, Connie Pennington, Kim Pennington, Kyle Pennington, Ralph Salazar, Fred Sanders, Sanger City, Jesus Santillan and Angela Yambupah answering brief due 05/26/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12346314] (RT) [Entered: 01/20/2022 03:11 PM] |
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