FCE Benefit Administrators, In v. Indian Harbor Insurance Compan
| FCE BENEFIT ADMINISTRATORS, INC. |
| INDIAN HARBOR INSURANCE COMPANY |
| 22-15175 |
| February 4, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Insurance |
Docket Report
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This docket was last retrieved on March 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 5 Filed order (Deputy Clerk: LCC) On February 11, 2022, this court ordered appellant, 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 appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has 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. [12408257] (JMR) [Entered: 03/30/2022 09:55 AM] |
| Filing 4 MEDIATION ORDER FILED: By 03/25/2022, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. SEE ORDER FOR DETAILS. [12392839] (BLS) [Entered: 03/11/2022 03:05 PM] |
| Filing 3 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12379912] (LW) [Entered: 02/25/2022 09:43 AM] |
| 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12367902] (AF) [Entered: 02/11/2022 01:15 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant FCE Benefit Administrators, Inc. Mediation Questionnaire due on 02/11/2022. Appellant FCE Benefit Administrators, Inc. opening brief due 04/06/2022. Appellee Indian Harbor Insurance Company answering brief due 05/06/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12361534] (RT) [Entered: 02/04/2022 03:54 PM] |
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