Carnel Rogers, et al v. Lawndale Healthcare & Wellness Centre, LLC, et al
| CARNEL ROGERS, by and through his Successor in Interest, Carmela Rogers and CARMELA ROGERS |
| LAWNDALE HEALTHCARE & WELLNESS CENTRE, LLC, Guardian Ad Litem Lawndale Healthcare & Wellness Centre, LLC, BRIUS, LLC, ENSEMBLE HEALTHCARE, LLC, GRANITE HILLS HEALTHCARE & WELLNESS CENTRE, LLC, PACIFIC REHABILITATION & WELLNESS CENTRE, LP, PACIFIC WELLNESS GP, LLC and DOES, 1-50 |
| 22-55542 |
| June 2, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Torts - Personal Injury |
Docket Report
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| Filing 10 Filed order (Deputy Clerk: LCC) Appellants motion for voluntary dismissal of this appeal (Docket Entry No. [ # 9 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [12477718] (OC) [Entered: 06/22/2022 03:55 PM] |
| Filing 9 Filed (ECF) Appellants Brius, LLC, Ensemble Healthcare, LLC, Granite Hills Healthcare & Wellness Centre, LLC, Lawndale Healthcare & Wellness Centre, LLC, Pacific Rehabilitation & Wellness Centre, LP and Pacific Wellness GP, LLC Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 06/21/2022. [12475820] [22-55542] (Zarmi, David) [Entered: 06/21/2022 01:27 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the challenged remand order may not be reviewable on appeal or otherwise. See 28 U.S.C. 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127-28 (1995); Lyons v. Alaska Teamsters Emp. Serv. Corp., 188 F.3d 1170, 1174 (9th Cir. 1999) (holding that 1447(d) barred review of remand order based on lack of complete federal preemption (citing Whitman v. Raleys Inc., 886 F.2d 1177, 1181 (9th Cir. 1989))). Within 21 days after the date of this order, appellants shall either move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do 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. [12475532] (OC) [Entered: 06/21/2022 11:44 AM] |
| Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12471283] (CL) [Entered: 06/14/2022 05:41 PM] |
| Filing 6 MEDIATION ORDER FILED: By 06/14/2022, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12465757] (CL) [Entered: 06/07/2022 03:01 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 06/02/2022. 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.[12462548]. [22-55542] (AD) [Entered: 06/02/2022 06:44 PM] |
| Filing 4 Streamlined request [2] by Appellants Brius, LLC, Ensemble Healthcare, LLC, Granite Hills Healthcare & Wellness Centre, LLC, Lawndale Healthcare & Wellness Centre, LLC, Pacific Rehabilitation & Wellness Centre, LP and Pacific Wellness GP, LLC to extend time to file the brief is approved in part. Streamlined requests only allow for a 30 day extension of tme to file the brief. Amended briefing schedule: Appellants Brius, LLC, Ensemble Healthcare, LLC, Granite Hills Healthcare & Wellness Centre, LLC, Lawndale Healthcare & Wellness Centre, LLC, Pacific Rehabilitation & Wellness Centre, LP and Pacific Wellness GP, LLC opening brief due 08/31/2022. Appellees Carmela Rogers and Carnel Rogers answering brief due 09/30/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12462380] (JN) [Entered: 06/02/2022 03:30 PM] |
| Filing 3 Filed (ECF) Appellants Brius, LLC, Ensemble Healthcare, LLC, Granite Hills Healthcare & Wellness Centre, LLC, Lawndale Healthcare & Wellness Centre, LLC, Pacific Rehabilitation & Wellness Centre, LP and Pacific Wellness GP, LLC Mediation Questionnaire. Date of service: 06/02/2022. [12462151] [22-55542] (Zarmi, David) [Entered: 06/02/2022 01:33 PM] |
| Filing 2 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Brius, LLC, Ensemble Healthcare, LLC, Granite Hills Healthcare & Wellness Centre, LLC, Lawndale Healthcare & Wellness Centre, LLC, Pacific Rehabilitation & Wellness Centre, LP and Pacific Wellness GP, LLC. New requested due date is 09/07/2022. [12462122] [22-55542] (Zarmi, David) [Entered: 06/02/2022 01:10 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Brius, LLC, Ensemble Healthcare, LLC, Granite Hills Healthcare & Wellness Centre, LLC, Lawndale Healthcare & Wellness Centre, LLC, Pacific Rehabilitation & Wellness Centre, LP and Pacific Wellness GP, LLC Mediation Questionnaire due on 06/09/2022. Appellants Brius, LLC, Ensemble Healthcare, LLC, Granite Hills Healthcare & Wellness Centre, LLC, Lawndale Healthcare & Wellness Centre, LLC, Pacific Rehabilitation & Wellness Centre, LP and Pacific Wellness GP, LLC opening brief due 08/01/2022. Appellees Carmela Rogers and Carnel Rogers answering brief due 08/29/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12461799] (JMR) [Entered: 06/02/2022 10:10 AM] |
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