Nicole O'Neill v. PST Services LLC, et al
| SOMNIA, INC., PRIMARY ANESTHESIA SERVICES, MCKESSON CORPORATION, ROBERT GOLDSTEIN, M.D., ROY WINSTON, M.D., BYRON MENDENHALL, M.D., QUINN GEE, M.D. and MARGARET VASSILEV, M.D. |
| UNITED STATES OF AMERICA; STATE OF CALIFORNIA EX R NICOLE O'NEILL |
| PST SERVICES LLC |
| 23-15973 |
| July 7, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - False Claims Act |
Docket Report
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| Filing 11 Filed clerk order (Deputy Clerk: MCD): The record and responses to this courts July 19, 2023 order reflect that when the notice of appeal was filed, a motion for reconsideration of the order challenged in the appeal was pending in the district court. Appellate proceedings are therefore held in abeyance until the district court decides the pending motion. Within 21 days of the district courts ruling on the motion, appellant must either file a supplemental statement in response to this courts July 19, 2023 order or move for other appropriate relief. Appellee may file a response within 10 days of any supplemental statement. If appellant does not comply with this order, the Clerk may dismiss this appeal under Ninth Circuit Rule 42-1. Briefing remains stayed. The Clerk will serve this order on the district court. [12768609] (TSP) [Entered: 08/04/2023 04:06 PM] |
| Filing 10 Filed (ECF) Appellee PST Services LLC reply to response to Court order dated 07/19/2023. Date of service: 07/31/2023. [12765439] [23-15973] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 08/01/2023 by TYL] (Yonekura, Stephanie) [Entered: 07/31/2023 06:06 PM] |
| Filing 9 Filed (ECF) Appellant Nicole O'Neill response to Court order dated 07/19/2023. Date of service: 07/21/2023. [12759525] [23-15973] (Chappell, Glenn) [Entered: 07/21/2023 12:08 PM] |
| Filing 8 Added Attorney(s) Glenn Chappell for party(s) Appellant Nicole O'Neill, in case 23-15973. [12758112] (QDL) [Entered: 07/19/2023 01:13 PM] |
| Filing 7 Filed (ECF) notice of appearance of Glenn Edward Chappell (Tycko & Zavareei LLP, 2000 Pennsylvania Ave NW Suite 1010, Washington, DC 20006) for Appellant Nicole O'Neill. Date of service: 07/19/2023. (Party was previously proceeding with counsel.) [12758050] [23-15973] (Chappell, Glenn) [Entered: 07/19/2023 12:19 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: MCD):A district court order is not appealable under 28 U.S.C. 1291 unless it disposes of all claims as to all parties or unless judgment is entered in compliance with Federal Rule of Civil Procedure 54(b). Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981)); see also 28 U.S.C. 1291; Fed. R. Civ. P. 54(b). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellant must either file a statement explaining why the appeal should not be dismissed for lack of jurisdiction or move for voluntary dismissal of the appeal. If appellant does not comply with this order, the Clerk will dismiss this appeal under Ninth Circuit Rule 42-1. If appellant files a statement, a response may be filed within 10 days. Briefing is stayed. [12757910] (JBS) [Entered: 07/19/2023 10:53 AM] |
| Filing 5 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. [12757649] (CL) [Entered: 07/18/2023 05:39 PM] |
| Filing 4 MEDIATION ORDER FILED: By or before 07/18/2023, 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. [12755820] (CL) [Entered: 07/14/2023 05:07 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 07/14/2023. 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.[12755443]. [23-15973] (AD) [Entered: 07/14/2023 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Nicole O'Neill Mediation Questionnaire. Date of service: 07/14/2023. [12755255] [23-15973] (Harris, Wilmer) [Entered: 07/14/2023 10:25 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Nicole O'Neill Mediation Questionnaire due on 07/14/2023. Transcript ordered by 08/04/2023. Transcript due 09/05/2023. Appellant Nicole O'Neill opening brief due 10/12/2023. Appellee PST Services LLC answering brief due 11/13/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12750904] (RT) [Entered: 07/07/2023 03:19 PM] |
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