W. T. v. Douglas County School District
| W. T., a minor, by and through Guardians ad Litem and individuals, C.P. and B.P. |
| DOUGLAS COUNTY SCHOOL DISTRICT |
| 23-16168 |
| September 11, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 Filed order (Deputy Clerk: MCD): Appellants motion for voluntary dismissal of this appeal (Docket Entry No. [ # 3 ]) 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. [12796089] (JBS) [Entered: 09/20/2023 03:41 PM] |
| Filing 3 Filed (ECF) Appellant Douglas County School District Motion to dismiss the case. Date of service: 09/15/2023. [12793417] [23-16168] (Anderson, Paul) [Entered: 09/15/2023 03:02 PM] |
| Filing 2 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); Digital Equip. Corp. v. Desktop Direct, Inc., 511 U.S. 863, 867 (1994) (observing that a decision is final under 1291 when it ends the litigation on the merits and leaves nothing more for the court to do but execute the judgment). 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. [12792254] (JBS) [Entered: 09/14/2023 11:43 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Douglas County School District Mediation Questionnaire due on 09/18/2023. Transcript ordered by 10/10/2023. Transcript due 11/07/2023. Appellant Douglas County School District opening brief due 12/18/2023. Appellee W. T. answering brief due 01/16/2024. Appellant's optional reply brief is due 21 days after service of the answering brief. [12789688] (ABT) [Entered: 09/11/2023 11:34 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
