NP Parc Chateaux, LLC v. Michael Perry
| NP PARC CHATEAUX, LLC |
| MICHAEL MOSHE PERRY, AKA Moshe Michael A. Perry |
| 22-55145 |
| February 7, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Rent, Lease, Ejectment |
Docket Report
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This docket was last retrieved on March 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 8 Filed Appellant Michael Moshe Perry supplemental motion to reconsider. Deficiencies: None. [12404805][COURT UPDATE: Corrected Document Attached, resent NDA,--[Edited 03/29/2022 by BY] (JFF) [Entered: 03/25/2022 09:14 AM] |
| Filing 7 Filed Appellant Michael Moshe Perry motion to reinstate. Deficiencies: None. [12402451] (JFF) [Entered: 03/23/2022 09:30 AM] |
| Filing 6 Filed Appellant Michael Moshe Perry motion to reconsider. Deficiencies: None. [12401934] (JFF) [Entered: 03/22/2022 02:35 PM] |
| Filing 5 Filed order (A. WALLACE TASHIMA, MICHELLE T. FRIEDLAND and BRIDGET S. BADE) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal received by the district court on January 31, 2022 was not filed within 30 days after the district court's post-judgment order entered on December 22, 2021. 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); Matter of Combined Metals Reduction Co., 557 F.2d 179, 203 (9th Cir. 1977) (Federal Rule of Appellate Procedure 4(a) establishes mandatory time period for filing a notice of appeal as thirty days after entry of judgment or order and court has no jurisdiction over untimely appeals unless there is an exception that operated to extend the time period.). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12399456] (WL) [Entered: 03/18/2022 02:33 PM] |
| Filing 4 Filed Appellant Michael Moshe Perry response to order to show cause. [12387689] (JFF) [Entered: 03/07/2022 10:38 AM] |
| Filing 3 Received copy of District Court order [12369020] (JFF) [Entered: 02/14/2022 09:46 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The district courts order was entered on the docket on December 22, 2021. Appellants notice of appeal was filed in the district court on January 30, 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 order. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); 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 must 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. [12364546] (CKP) [Entered: 02/08/2022 04:12 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Michael Moshe Perry opening brief due 04/06/2022. Appellee NP Parc Chateaux, LLC answering brief due 05/06/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12362402] (RT) [Entered: 02/07/2022 11:21 AM] |
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| Cross claimant: MICHAEL MOSHE PERRY, AKA Moshe Michael A. Perry | |
| Represented By: | Michael Moshe Perry |
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| Plaintiff: NP PARC CHATEAUX, LLC | |
| Represented By: | Tania K. Cardoso Esquire |
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