Vivian Burns v. IBM
| VIVIAN BURNS |
| INTERNATIONAL BUSINESS MACHINES CORPORATION |
| 22-35807 |
| October 13, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Americans w/Disabilities Act-Empl |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 MANDATE ISSUED. (BGS, RDN and PJB) [12759968] (NAC) [Entered: 07/24/2023 08:54 AM] |
| Filing 19 Filed order (BARRY G. SILVERMAN, RYAN D. NELSON and PATRICK J. BUMATAY) The district court certified that this appeal is not taken in good faith and revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). On January 17, 2023, the court ordered appellant to explain in writing why this appeal should not be dismissed as frivolous. See 28 U.S.C. 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). Upon a review of the record, the opening brief, and the responses to the courts January 17, 2023 order, we conclude this appeal is frivolous. We therefore deny appellants motion to proceed in forma pauperis (Docket Entry No. [ # 13 ]) and dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2). All other pending motions are denied as moot. No further filings will be entertained in this closed case. DISMISSED. [12747128] (ABT) [Entered: 06/30/2023 04:07 PM] |
| Filing 18 Received notice of change of address dated 03/29/2023 from Vivian Burns. New address: 1229 W. Smith St., Kent, Washington, 98032. [12686525]--[Edited: address updated. 03/31/2023 by SLM] (NAC) [Entered: 03/31/2023 12:13 PM] |
| Filing 17 Filed (ECF) Appellee IBM response to motion ([ # 14 ] statement that appeal should go forward). Date of service: 03/01/2023. [12664932] [22-35807] --[COURT UPDATE: Updated docket text to reflect content of filing. 03/01/2023 by TYL] (Johnsrud, Barry) [Entered: 03/01/2023 12:40 PM] |
| Filing 16 Filed (ECF) Appellee IBM corporate disclosure statement. Date of service: 03/01/2023. [12664721] [22-35807] (Johnsrud, Barry) [Entered: 03/01/2023 10:55 AM] |
| Filing 15 Filed Appellant Vivian Burns motion to take judicial notice. Deficiencies: None. [12656773] (NAC) [Entered: 02/21/2023 09:08 AM] |
| Filing 14 Filed Appellant Vivian Burns statement that appeal should go forward. [12656770] (NAC) [Entered: 02/21/2023 09:06 AM] |
| Filing 13 Filed Appellant Vivian Burns motion to proceed In Forma Pauperis. Deficiencies: None. [12656768] (NAC) [Entered: 02/21/2023 09:04 AM] |
| Filing 12 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [12631935] (CKP) [Entered: 01/17/2023 03:34 PM] |
| Filing 11 Received copy of District Court order filed on 01/10/2023. Revoking In Forma Pauperis Status on Appeal. [12627430] (NAC) [Entered: 01/10/2023 02:31 PM] |
| Filing 10 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12625833] (CKP) [Entered: 01/09/2023 11:49 AM] |
| Filing 9 Filed Appellant Vivian Burns letter dated 11/21/2022 re: certificate of compliance. Paper filing deficiency: None. [12593079] (LA) [Entered: 11/21/2022 03:28 PM] |
| Filing 8 Received notice of change of address dated 11/02/2022 from Vivian Burns. New address: 8565 Sam Houston Parkway South Suite 316, Houston Texas 77072. [12586149] (DJV) [Entered: 11/14/2022 11:51 AM] |
| Filing 7 Filed Appellant Vivian Burns letter dated 11/14/2022 re: proof of service for aob & proof of service for change of address. Paper filing deficiency: None. [12586105] (DJV) [Entered: 11/14/2022 11:32 AM] |
| Filing 6 Received notice of change of address dated 11/02/2022 from Vivian Burns. New address: 8565 Sam Houston Parkway, South, Suite 316, Houston TX 77072. [12579223] --[Edited: Updated Address. 11/03/2022 by TYL] (DJV) [Entered: 11/03/2022 06:59 AM] |
| Filing 5 Filed original and 0 copies of Appellant Vivian Burns opening brief of 20 pages (Informal: Yes). Served on 10/31/2022. [12578920] (LA) [Entered: 11/02/2022 02:26 PM] |
| Filing 4 Received notice of change of address dated 10/28/2022 from Vivian Burns. New address: 8565 West Sam Houston Parkway South, Suite 315, Houston, TX 77072. [12576264] --[Edited: Updated Address. 10/31/2022 by TYL] (DJV) [Entered: 10/31/2022 06:36 AM] |
| Filing 3 Streamlined request by Appellant Vivian Burns to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: Appellant Vivian Burns opening brief due 01/04/2023. Appellee International Business Machines Corporation answering brief due 02/03/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12573033] (DLM) [Entered: 10/26/2022 09:21 AM] |
| Filing 2 Received notice of change of address dated 10/20/2022 from Vivian Burns. New address: 1229 West Smith Street, Kent, WA 98032. [12572936] --[Edited: Updated Address. 10/26/2022 by TYL] (DJV) [Entered: 10/26/2022 07:09 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Vivian Burns opening brief due 12/05/2022. Appellee International Business Machines Corporation answering brief due 01/04/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12562979] (JBS) [Entered: 10/13/2022 04:30 PM] |
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| Plaintiff / appellant: VIVIAN BURNS | |
| Represented By: | Vivian Burns |
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| Defendant / appellee: INTERNATIONAL BUSINESS MACHINES CORPORATION | |
| Represented By: | Daniel Paul Crowner Esquire |
| Represented By: | Barry Alan Johnsrud |
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