Aniel Cruz Enriquez, et al v. Moke Espiritu, LLC, et al
| DOES, 1 through 50, inclusive |
| ANIEL CRUZ ENRIQUEZ, an individual, GABRIEL SANTIAGO, an individual, LAURA ENRIQUEZ AGUILAR, an individual, GUILLERMO CRUZ ENRIQUEZ, an individual, LAURA CRUZ ENRIQUEZ, an individual, GADIEL SANTIAGO, a minor by and through his Guardian ad Litem, Laura Cruz Enriquez and JOSUE SANTIAGO, a minor by and through his Guardian ad Litem, Laura Cruz Enriquez |
| MOKE ESPIRITU, LLC, a California limited liability company |
| 23-55362 |
| April 18, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - Arbitration |
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| Filing 4 Filed order (Deputy Clerk: MCD): On May 4, 2023, this court ordered appellant, within 21 days, either to move for voluntary dismissal of this appeal or to show cause why it should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court. [12728828] (OC) [Entered: 06/05/2023 02:15 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: MCD): A review of the record suggests that this court may lack jurisdiction over this appeal because an order remanding a removed action to state court for lack of subject-matter jurisdiction is not reviewable on appeal or otherwise. See 28 U.S.C. 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 (1995); Whitman v. Raleys Inc., 886 F.2d 1177, 1180-81 (9th Cir. 1989) (concluding that review of remand based on lack of complete preemption is barred by 1447(d)); see also Kircher v. Putnam Funds Tr., 547 U.S. 633, 642 (2006) (noting that 1447(d) bars review even if remand order is erroneous). Within 21 days after the date of this order, appellant shall either move for voluntary dismissal of this 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. [12709250] (OC) [Entered: 05/04/2023 03:22 PM] |
| Filing 2 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12706588] (BLS) [Entered: 05/01/2023 04:23 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Moke Espiritu, LLC Mediation Questionnaire due on 04/25/2023. Transcript ordered by 05/16/2023. Transcript due 06/15/2023. Appellant Moke Espiritu, LLC opening brief due 07/25/2023. Appellees Aniel Cruz Enriquez, Guillermo Cruz Enriquez, Laura Cruz Enriquez, Laura Enriquez Aguilar, Gabriel Santiago, Gadiel Santiago and Josue Santiago answering brief due 08/24/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12698029] (JBS) [Entered: 04/18/2023 03:30 PM] |
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