Peak Oil Holdings LLC, et al v. County of Ventura, et al
| PEAK OIL HOLDINGS LLC, a California limited liability company and PEAK OPERATOR LLC, a California limited liability company |
| COUNTY OF VENTURA, a political subdivision of the State of California |
| HBH FARM LLC, a California limited liability company |
| 23-55239 |
| March 16, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 8 Filed order (Deputy Clerk: LCC) Appellants stipulated motion for voluntary dismissal of this appeal (Docket Entry No. [ # 7 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This dismissal is without prejudice to the filing of a timely notice of appeal from any final judgment subsequently entered by the district court. See Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (An appeal from a final judgment draws in question all earlier, non-final orders and rulings which produced the judgment.). This order served on the district court shall act as and for the mandate of this court. [12690532] (WL) [Entered: 04/06/2023 01:28 PM] |
| Filing 7 Filed (ECF) Appellant HBH Farm LLC Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 04/04/2023. [12689173] [23-55239] (Kassouni, Timothy) [Entered: 04/04/2023 06:17 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the appeal may not be final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (A district court order is . . . not appealable [under 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). (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981))). Within 21 days after the date of this order, appellant shall either 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 will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12686478] (WL) [Entered: 03/31/2023 11:39 AM] |
| Filing 5 MEDIATION ORDER FILED: By 04/05/2023, 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. [12683025] (CL) [Entered: 03/27/2023 05:33 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 03/23/2023. 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.[12680985]. [23-55239] (AD) [Entered: 03/23/2023 06:44 PM] |
| Filing 3 Filed (ECF) Appellant HBH Farm LLC Mediation Questionnaire. Date of service: 03/23/2023. [12680847] [23-55239] (Kassouni, Timothy) [Entered: 03/23/2023 04:29 PM] |
| Filing 2 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 03/22/2023. [12679820] (BY) [Entered: 03/22/2023 03:21 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant HBH Farm LLC Mediation Questionnaire due on 03/23/2023. Appellant HBH Farm LLC opening brief due 05/18/2023. Appellee County of Ventura answering brief due 06/20/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12675581] (RT) [Entered: 03/16/2023 01:25 PM] |
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| Plaintiff: PEAK OIL HOLDINGS LLC, a California limited liability company | |
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| Plaintiff: PEAK OPERATOR LLC, a California limited liability company | |
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| Defendant / appellee: COUNTY OF VENTURA, a political subdivision of the State of California | |
| Represented By: | Andrew B. Sabey |
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| Counter defendant: HBH FARM LLC, a California limited liability company | |
| Represented By: | Timothy V. Kassouni Esquire |
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