Jocelyn Elliker, et al v. USA
| JOCELYN ELLIKER, CARRIE ROMO, as the parent and guardian ad litem for B.E., MEGAN ROMO ELLIKER, individually and as the Executor of the Estate of James Elliker, DUSTIN ELLIKER and KATELYNN HANSEN |
| UNITED STATES OF AMERICA |
| CHRISTOPHER A. HART |
| 22-17027 |
| December 30, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Airplane Personal Injury |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 Received 6 paper copies of Amicus Brief [ # 25 ] filed by Christopher A. Hart. [12779763] (CPA) [Entered: 08/23/2023 02:47 PM] |
| Filing 30 Filed (ECF) Appellee USA response non-opposing motion ([ # 25 ] Motion (ECF Filing), [ # 25 ] Motion (ECF Filing)). Date of service: 08/22/2023. [12778781] [22-17027] (Gross, Robert) [Entered: 08/22/2023 01:33 PM] |
| Filing 29 Filed clerk order (Deputy Clerk: MCD): Motion [ # 25 ] (ECF Filing) submitted by Christopher A. Hart. to become amicus is referred to panel. (see attached PDF for complete order addressing Dkt No. 25) [12776165] (TH) [Entered: 08/17/2023 01:37 PM] |
| Filing 28 Entered appearance of Amicus Curiae - Pending Christopher A. Hart. [12775111] (KT) [Entered: 08/16/2023 10:38 AM] |
| Filing 27 Received 3 paper copies of excerpts of record [ # 20 ] in 21 volume(s) and index volume filed by appellants. [12774682] (NAR) [Entered: 08/15/2023 02:54 PM] |
| Filing 26 Received 6 paper copies of Opening Brief [ # 19 ] filed by appellants. [12774680] (NAR) [Entered: 08/15/2023 02:53 PM] |
| Filing 25 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Larry E. Coben on behalf of Christopher A. Hart. Date of service: 08/15/2023. [12774515] [22-17027]--[COURT UPDATE: attached corrected PDF of amicus brief. 08/17/2023 by KT] (Coben, Larry) [Entered: 08/15/2023 01:17 PM] |
| Filing 24 Filed clerk order (Deputy Clerk: MCD): The appellees unopposed motion (Docket Entry No. [ # 23 ]) for an extension of time to file the answering brief is granted. The answering brief is due December 6, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12773743] (WL) [Entered: 08/14/2023 03:16 PM] |
| Filing 23 Filed (ECF) Appellee USA Unopposed Motion to extend time to file Answering brief until 12/06/2023. Date of service: 08/10/2023. [12772094] [22-17027] (Gross, Robert) [Entered: 08/10/2023 02:36 PM] |
| Filing 22 Filed clerk order: The opening brief [ # 19 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 20 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12771190] (KT) [Entered: 08/09/2023 12:05 PM] |
| Filing 21 Filed (ECF) Appellants Dustin Elliker, Jocelyn Elliker, Megan Romo Elliker, Katelynn Hansen and Carrie Romo Joint Motion to transmit exhibit. Date of service: 08/08/2023. [12770853] [22-17027] (Siminou, Benjamin) [Entered: 08/08/2023 06:26 PM] |
| Filing 20 Submitted (ECF) excerpts of record. Submitted by Appellants Dustin Elliker, Jocelyn Elliker, Megan Romo Elliker, Katelynn Hansen and Carrie Romo. Date of service: 08/08/2023. [12770851] [22-17027] (Siminou, Benjamin) [Entered: 08/08/2023 06:17 PM] |
| Filing 19 Submitted (ECF) Opening Brief for review. Submitted by Appellants Dustin Elliker, Jocelyn Elliker, Megan Romo Elliker, Carrie Romo and Katelynn Hansen. Date of service: 08/08/2023. [12770843] [22-17027] (Siminou, Benjamin) [Entered: 08/08/2023 06:05 PM] |
| Filing 18 Streamlined request [17] by Appellee USA to extend time to file the brief is not approved because the request if premature the opening brief has not been filed with the court brief due date 08/08/2023. b> [12713871] (BG) [Entered: 05/11/2023 11:12 AM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 10/10/2023. [12713737] [22-17027] (Janicki, William) [Entered: 05/11/2023 09:47 AM] |
| Filing 16 Filed clerk order (Deputy Clerk: MCD): Appellants unopposed motion [ # 15 ] for an extension of time to file the opening brief is granted. The opening brief is due August 8, 2023. The answering brief is due September 7, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12705298] (LBS) [Entered: 04/28/2023 04:00 PM] |
| Filing 15 Filed (ECF) Appellants Dustin Elliker, Jocelyn Elliker, Megan Romo Elliker, Katelynn Hansen and Carrie Romo Unopposed Motion to extend time to file Opening brief until 08/08/2023. Date of service: 04/25/2023. [12702309] [22-17027] (Siminou, Benjamin) [Entered: 04/25/2023 10:04 AM] |
| Filing 14 Added Attorneys Benjamin Israel Siminou and Harini P. Raghupathi for Appellants Megan Romo Elliker, Carrie Romo, Jocelyn Elliker, Katelynn Hansen and Dustin Elliker, in case 22-17027. [12694027] (HH) [Entered: 04/12/2023 09:53 AM] |
| Filing 13 Filed (ECF) notice of appearance of Harini Raghupathi (Singleton Schreiber, 591 Camino de la Reina, Suite 1025, San Diego, CA 92108) for Appellants Dustin Elliker, Jocelyn Elliker, Megan Romo Elliker, Katelynn Hansen and Carrie Romo. Date of service: 04/12/2023. (Party was previously proceeding with counsel.) [12693953] [22-17027] (Raghupathi, Harini) [Entered: 04/12/2023 09:12 AM] |
| Filing 12 Filed (ECF) notice of appearance of Benjamin I. Siminou (Singleton Schreiber, 591 Camino de la Reina, Suite 1025, San Diego, CA 92108) for Appellants Dustin Elliker, Jocelyn Elliker, Megan Romo Elliker, Katelynn Hansen and Carrie Romo. Date of service: 04/12/2023. (Party was previously proceeding with counsel.) [12693943] [22-17027] (Siminou, Benjamin) [Entered: 04/12/2023 09:07 AM] |
| Filing 11 Filed clerk order (Deputy Clerk: LCC): The record and the responses to this courts February 28, 2023 order reflect that the district court has denied the post-judgment motions, and that amended notices of appeal have been filed to include the order denying the post-judgment motions. Accordingly, the notices of appeal are so amended, and briefing in these appeals will proceed. The opening briefs and excerpts of record are due May 10, 2023. The answering briefs are due June 9, 2023. The optional reply briefs are due within 21 days after service of the answering briefs. All parties on a side are encouraged to join in a single brief to the extent practicable. See 9th Cir. R. 32-2 circuit advisory committee note. [12688627] [22-17025, 22-17027] (WL) [Entered: 04/04/2023 11:40 AM] |
| Filing 10 Received copy of amended notice of appeal from district court, filed 3/21/2023. [12680610] [22-17025, 22-17027] (HH) [Entered: 03/23/2023 02:03 PM] |
| Filing 9 Added Attorney William Daniel Janicki for Appellee USA, in case 22-17027. [12679361] (HH) [Entered: 03/22/2023 10:40 AM] |
| Filing 8 Filed (ECF) notice of appearance of William D. Janicki (Department of Justice, 175 N St. NE, 8th Floor Washington, DC 20002) for Appellee USA. Date of service: 03/22/2023. (Party was previously proceeding with counsel.) [12679272] [22-17027] (Janicki, William) [Entered: 03/22/2023 09:56 AM] |
| Filing 7 Filed (ECF) Appellants Jocelyn Elliker and Carrie Romo status report (as required by Court order dated 02/28/2023). Date of service: 03/21/2023 [12679021] [22-17027] (Sharp, Matthew) [Entered: 03/21/2023 05:09 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: LCC): The courts records reflect that these notices of appeal were filed during the pendency of timely filed motions listed in Federal Rule of Appellate Procedure 4(a)(4). The notices of appeal are 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 will be held in abeyance pending the district courts resolution of the pending motions. 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 motions, appellants shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute their respective appeals. To appeal the district courts ruling on the post-judgment motions, appellants must file amended notices of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12663884] [22-17025, 22-17027] (TSP) [Entered: 02/28/2023 02:07 PM] |
| Filing 5 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12643571] (CL) [Entered: 01/31/2023 06:26 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 01/31/2023, 1:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12628655] [22-17025, 22-17027] (CL) [Entered: 01/11/2023 04:02 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 01/05/2023. 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.[12624296]. [22-17027] (AD) [Entered: 01/05/2023 06:44 PM] |
| Filing 2 Filed (ECF) Appellants Carrie Romo, Katelynn Hansen, Megan Romo Elliker, Jocelyn Elliker and Dustin Elliker Mediation Questionnaire. Date of service: 01/05/2023. [12624234] [22-17027] (Sharp, Matthew) [Entered: 01/05/2023 04:48 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Dustin Elliker, Jocelyn Elliker, Megan Romo Elliker, Katelynn Hansen and Carrie Romo Mediation Questionnaire due on 01/06/2023. Transcript ordered by 01/30/2023. Transcript due 02/28/2023. Appellants Dustin Elliker, Jocelyn Elliker, Megan Romo Elliker, Katelynn Hansen and Carrie Romo opening brief due 04/06/2023. Appellee United States of America answering brief due 05/08/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12620567] (RT) [Entered: 12/30/2022 01:35 PM] |
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