Christal Mosteiro v. Zachary Simmons, et al
| SAN JOAQUIN COUNTY and STEVE MOORE, Sheriff |
| CHRISTAL MOSTEIRO |
| ZACHARY SIMMONS |
| 22-16509 |
| October 3, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Document Text |
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| Filing 11 Filed (ECF) Appellant Zachary Simmons Amended Motion for miscellaneous relief [Amended Motion for Transfer of Filing Fees]. Date of service: 11/18/2022. [12591008] [22-16509] (Thomas, Gregory) [Entered: 11/18/2022 10:47 AM] |
| Filing 10 Filed (ECF) Appellant Zachary Simmons Motion for miscellaneous relief [Motion to Transfer Filing Fees]. Date of service: 11/16/2022. [12588532] [22-16509] (Thomas, Gregory) [Entered: 11/16/2022 09:46 AM] |
| Filing 9 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN AssessmentConference, 12/02/2022, 1:00 p.m. Pacific Time. (originally scheduled on 12/01/2022 ). [12587803] (VS) [Entered: 11/15/2022 01:45 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 12/01/2022, 11:00 a.m., PACIFIC Time. See order for instructions and details. [12587298] (VS) [Entered: 11/15/2022 08:55 AM] |
| Filing 7 Filed (ECF) Appellee Christal Mosteiro reply to response to order to show cause dated 10/20/2022. Date of service: 10/20/2022. [12569667] [22-16509] (Goff, Stanley) [Entered: 10/20/2022 11:13 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 10/20/2022. 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.[12569641]. [22-16509] (AD) [Entered: 10/20/2022 06:44 PM] |
| Filing 5 Filed (ECF) Appellant Zachary Simmons Mediation Questionnaire. Date of service: 10/20/2022. [12569178] [22-16509] (Thomas, Gregory) [Entered: 10/20/2022 02:35 PM] |
| Filing 4 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. [12566465] (BLS) [Entered: 10/18/2022 01:51 PM] |
| Filing 3 Filed (ECF) Appellant Zachary Simmons response to order to show cause dated 10/24/2022. Date of service: 10/10/2022. [12559148] [22-16509] (Thomas, Gregory) [Entered: 10/10/2022 03:44 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because an order certified pursuant to 28 U.S.C. 1292(b) is not appealable as of right. See 28 U.S.C. 1292(b) (describing appellate courts discretion to permit appeal of certified order); Fed. R. App. P. 5 (listing requirements where party must obtain appellate courts permission to appeal); Stone v. Heckler, 722 F.2d 464, 466 (9th Cir. 1983) (noting that court had no jurisdiction over appeal filed after 1292(b) certification where party failed to petition court as required by FRAP 5). The record further suggests that the certified order is not appealable as a final order. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981). 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. [12554642] (AF) [Entered: 10/03/2022 01:49 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Zachary Simmons Mediation Questionnaire due on 10/11/2022. Appellant Zachary Simmons opening brief due 12/05/2022. Appellee Christal Mosteiro answering brief due 01/05/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12554427] (RT) [Entered: 10/03/2022 11:50 AM] |
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