Johnny Wheatcroft, et al v. Michael Fernandez, et al
| ANYA CHAPMAN |
| CITY OF GLENDALE, a municipal entity and MATT SCHNEIDER, in his official and individual capacities |
| JOHNNY WHEATCROFT, individually and on behalf of minors J. W. and B. W. |
| MICHAEL FERNANDEZ, in his official and individual capacities |
| 22-15431 |
| March 24, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 7 Filed order (Deputy Clerk: LCC) In response to this courts April 4, 2022 order, appellant has notified the court that appellant does not intend to prosecute this appeal. Accordingly, this appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [12428193] (WL) [Entered: 04/21/2022 04:34 PM] |
| Filing 6 Filed (ECF) Appellant Michael Fernandez Motion for miscellaneous relief [Defendant-Appellant Fernandez's Notice re: Ruling on Motion for Clarification and/or Reconsideration and Intent to Not Pursue Appeal]. Date of service: 04/18/2022. [12423646] [22-15431] (Ackerman, Justin) [Entered: 04/18/2022 09:17 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 05/24/2022, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12422843] (CL) [Entered: 04/15/2022 02:03 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: LCC): 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). The 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, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of appellants pending motion for clarification and/or reconsideration. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise 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 will serve this order on the district court. [12411592] (TSP) [Entered: 04/04/2022 10:40 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 03/30/2022. 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.[12408692]. [22-15431] (AD) [Entered: 03/30/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Michael Fernandez Mediation Questionnaire. Date of service: 03/30/2022. [12408404] [22-15431] (Ackerman, Justin) [Entered: 03/30/2022 10:51 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Michael Fernandez Mediation Questionnaire due on 03/31/2022. Transcript ordered by 04/25/2022. Transcript due 05/23/2022. Appellant Michael Fernandez opening brief due 07/01/2022. Appellee Johnny Wheatcroft answering brief due 08/01/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12403986] (RT) [Entered: 03/24/2022 11:03 AM] |
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