Brent Hilliard v. Twin Falls County Sheriff's Office, et al
| BRENT E. HILLIARD, an individual |
| TWIN FALLS COUNTY SHERIFF'S OFFICE, a Public Entity and TWIN FALLS COUNTY, a Public Corporation |
| 22-35741 |
| September 21, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Injury |
Docket Report
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| Filing 7 Filed order (Deputy Clerk: LCC) Appellants motion for voluntary dismissal of this appeal (Docket Entry No. [ # 6 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This dismissal is without prejudice to the filing of a timely notice of appeal from any final judgment subsequently entered by the district court. See Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (An appeal from a final judgment draws in question all earlier, non-final orders and rulings which produced the judgment.). This order served on the district court shall act as and for the mandate of this court.[12557537] (WL) [Entered: 10/06/2022 01:44 PM] |
| Filing 6 Filed (ECF) Appellant Brent E. Hilliard Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 09/30/2022. [12553173] [22-35741] (Hepworth, John) [Entered: 09/30/2022 09:48 AM] |
| Filing 5 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); Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 34 (1980) (An order granting a new trial is interlocutory in nature and therefore not immediately appealable.). 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. [12552752] (WL) [Entered: 09/29/2022 03:06 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 11/02/2022, 2:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12549661] (CL) [Entered: 09/26/2022 03:17 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 09/22/2022. 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.[12546824]. [22-35741] (AD) [Entered: 09/22/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Brent E. Hilliard Mediation Questionnaire. Date of service: 09/22/2022. [12546517] [22-35741] (Hepworth, John) [Entered: 09/22/2022 09:35 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Brent E. Hilliard Mediation Questionnaire due on 09/28/2022. Transcript ordered by 10/20/2022. Transcript due 11/21/2022. Appellant Brent E. Hilliard opening brief due 12/30/2022. Appellees Twin Falls County and Twin Falls County Sheriff's Office answering brief due 01/30/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12545787] (RT) [Entered: 09/21/2022 01:45 PM] |
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