George Austin v. Kemper Corporation (Insurance)
Plaintiff / Appellant: GEORGE JARVIS AUSTIN
Defendant / Appellee: KEMPER CORPORATION (INSURANCE)
Case Number: 22-15113
Filed: January 26, 2022
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other Civil Rights

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Date Filed Description
May 22, 2023 GEORGE AUSTIN V. KEMPER CORPORATION

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Docket Report

This docket was last retrieved on March 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2022 Filing 13 Filed (ECF) Appellant George Jarvis Austin Correspondence: Appellant's payment of Appeal Filing Fee of Final Judgment in accord with Order per Fully paid Appeal fee of $505 receipt number ACANDC-16902618 on 2/14/22 See atttached.. Date of service: 03/23/2022. [12403609] [22-15113] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 3/24/2022 by TYL] (Austin, George) [Entered: 03/23/2022 09:34 PM]
March 19, 2022 Filing 12 Filed (ECF) Appellant George Jarvis Austin Correspondence: Notice. Date of service: 03/19/2022. [12399833] [22-15113] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 3/21/2022 by TYL] (Austin, George) [Entered: 03/19/2022 09:24 PM]
March 18, 2022 Filing 11 Fee status changed ( [Case Number 22-15113: Paid] ). [12398869] (JW) [Entered: 03/18/2022 10:22 AM]
March 17, 2022 Filing 10 Filed (ECF) Appellant George Jarvis Austin reply to response to Court order dated 03/17/2022. Date of service: 03/17/2022. [12398435] [22-15113] (Austin, George) [Entered: 03/17/2022 04:31 PM]
March 17, 2022 Filing 9 Filed clerk order (Deputy Clerk: MF): On February 25, 2022, this court issued an order staying appellate proceedings pending disposition of the December 15, 2021 motion in the district court. On March 16, 2022, the district court denied the motion. The stay order filed February 25, 2022, is lifted and this appeal will proceed. Appellants January 27, 2022 motion for a 60-day extension of time to pay the filing docketing and filing fees or file a motion to proceed in forma pauperis is granted [ # 2 ]. Within 21 days after the date of this order, appellant must: (1) file a motion with this court to proceed in forma pauperis accompanied by a completed Form 4 affidavit; or (2) pay $505.00 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court. Appellants motions for an extension of time to file the opening brief are granted [ # 4 ],[ # 5 ], [ # 7 ]. The opening brief is due August 15, 2022; the answering brief is due September 14, 2022; and the optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellee must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. If appellant fails to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. The Clerk will serve a Form 4 financial affidavit on appellant. [12398208] (CKP) [Entered: 03/17/2022 03:13 PM]
March 16, 2022 Filing 8 Filed (ECF) Appellant George Jarvis Austin EMERGENCY Motion to extend time to file Opening brief until 08/15/2022. Date of service: 03/16/2022. [12396777] [22-15113] (Austin, George) [Entered: 03/16/2022 03:04 PM]
March 16, 2022 Filing 7 Filed (ECF) Appellant George Jarvis Austin Motion to extend time to file Opening brief until 08/15/2022. Date of service: 03/16/2022. [12396718] [22-15113] (Austin, George) [Entered: 03/16/2022 02:43 PM]
February 25, 2022 Filing 6 Filed clerk order (Deputy Clerk: MF): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The January 25, 2022 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending December 15, 2021 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12380739] (CKP) [Entered: 02/25/2022 03:53 PM]
February 24, 2022 Filing 5 Filed (ECF) Appellant George Jarvis Austin EMERGENCY Motion to extend time to file Opening brief until 08/15/2022. Date of service: 02/24/2022. [12379718] [22-15113] (Austin, George) [Entered: 02/24/2022 11:59 PM]
February 16, 2022 Filing 4 Filed (ECF) Appellant George Jarvis Austin Motion to extend time to file Opening brief until 08/15/2022. Date of service: 02/16/2022. [12372463] [22-15113] (Austin, George) [Entered: 02/16/2022 02:47 PM]
February 15, 2022 Filing 3 Received copy of amended notice of appeal from district court filed on 02/14/22. [12370555] (DJV) [Entered: 02/15/2022 10:15 AM]
January 27, 2022 Filing 2 Filed (ECF) Appellant George Jarvis Austin EMERGENCY Motion to extend time to comply with the order dated 01/26/2022. Date of service: 01/27/2022. [12352795] [22-15113] (Austin, George) [Entered: 01/27/2022 02:04 AM]
January 26, 2022 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant George Jarvis Austin opening brief due 03/28/2022. Appellee Kemper Corporation (Insurance) answering brief due 04/25/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12351706] (JMR) [Entered: 01/26/2022 10:44 AM]

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Plaintiff / appellant: GEORGE JARVIS AUSTIN
Represented By: George Jarvis Austin
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Defendant / appellee: KEMPER CORPORATION (INSURANCE)
Represented By: Edye Hill
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