Envtech, Inc. v. Wlodzimierz Litwin
| ENVTECH, INC. |
| WLODZIMIERZ JAN LITWIN |
| 22-15864 |
| June 9, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
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| Filing 9 MANDATE ISSUED. (MDS, DAB and LVD) [12563230] (RL) [Entered: 10/14/2022 09:12 AM] |
| Filing 8 Filed order (MILAN D. SMITH, JR., DANIEL A. BRESS and LAWRENCE VANDYKE): A review of the record and the parties responses to this courts June 27, 2022 order to show cause demonstrates that this court lacks jurisdiction over this appeal because we conclude that the notice of appeal was not filed within 30 days after the district courts post-judgment order entered on May 9, 2022. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Fed. R. App. Proc. 4(a), 4(a)(4). The district court docket reflects that the district court received and filed the notice of appeal on June 9, 2022. Appellants statement that he delivered the notice of appeal to the closed Reno district courthouse after business hours on June 8, 2022 by putting it through an opening in the courthouse doors does not constitute timely receipt of the notice of appeal by the district court Clerk under Federal Rule of Appellate Procedure 3(a)(1). See Fed. R. Civ. Proc. 6(a)(4)(B) (last day for filing by means other than electronic filing ends when the clerks office is scheduled to close); Aldabe v. Aldabe, 616 F.2d 1089, 1091 (9th Cir. 1980) (a notice of appeal is timely filed if received by the district court within the applicable period specified in Rule 4). Appellant did not file a motion in the district court to extend the time for appeal, and this court is unable to extend the jurisdictional time limit for filing the notice of appeal. See Fed. R. App. P. 4(a)(5), 26(b)(1) (court of appeals may not extend time to file a notice of appeal except as authorized in Rule 4); Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal). Consequently, this appeal is dismissed for lack of jurisdiction. 1 DISMISSED. [12547184] (AF) [Entered: 09/22/2022 03:15 PM] |
| Filing 7 Filed Appellant Wlodzimierz Jan Litwin declaration for reply for showing of cause for not dismissing appeal. Dated 08/05/2022. Paper filing deficiency: None. [12513243] (RL) [Entered: 08/09/2022 01:47 PM] |
| Filing 6 Filed (ECF) Appellee Envtech, Inc. corporate disclosure statement. Date of service: 07/28/2022. [12504629] [22-15864] (Hall, Anthony) [Entered: 07/28/2022 04:25 PM] |
| Filing 5 Filed (ECF) Appellee Envtech, Inc. reply to response to order to show cause dated 06/27/2022. Date of service: 07/28/2022. [12504624] [22-15864] (Hall, Anthony) [Entered: 07/28/2022 04:23 PM] |
| Filing 4 Filed Appellant Wlodzimierz Jan Litwin response to order to show cause. [12497286] (NAC) [Entered: 07/19/2022 12:01 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: DA): The district courts judgment was entered on the docket on September 9, 2021. Appellant filed a post-judgment motion on October 6, 2021, which the district court denied in an order entered on May 9, 2022. Appellants notice of appeal was filed in the district court on June 9, 2022. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 30 days after entry of the district courts judgment or the district courts May 9, 2022 post-judgment order. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Within 21 days after the date of this order, appellant shall 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 shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12480508] (CKP) [Entered: 06/27/2022 11:10 AM] |
| Filing 2 Filed Appellant Wlodzimierz Jan Litwin letter dated 06/22/2022 re: no transcript is being from the District Court in compliance with FRAP Rule 10(b)(1)(B). Paper filing deficiency: None. [12479577] (RL) [Entered: 06/24/2022 02:03 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Wlodzimierz Jan Litwin opening brief due 08/08/2022. Appellee Envtech, Inc. answering brief due 09/07/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12467793] (JBS) [Entered: 06/09/2022 03:37 PM] |
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| Plaintiff / appellee: ENVTECH, INC. | |
| Represented By: | Anthony L. Hall Esquire |
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| Defendant / appellant: WLODZIMIERZ JAN LITWIN | |
| Represented By: | Wlodzimierz Jan Litwin |
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