Alcon 3PL, Inc. v. Sun Group Partners, LLC, et al
| ALCON 3PL, INC., a California corporation |
| SUN GROUP PARTNERS, LLC, a California limited liability company, GLENN SANDS, an individual, BRENT SANDS, an individual and DOES, 1 through 10, inclusive |
| 23-55439 |
| May 15, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Docket Report
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| Filing 8 Filed order (Deputy Clerk: MCD): On June 2, 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. [12744721] (WL) [Entered: 06/28/2023 11:31 AM] |
| Filing 7 Added Attorney(s) Ethan Gregory Solove for party(s) Appellee Sun Group Partners, LLC, in case 23-55439. [12734331] (JFF) [Entered: 06/12/2023 05:00 PM] |
| Filing 6 Filed (ECF) notice of appearance of Ethan Gregory Solove (STRUCTURE LAW GROUP, LLP 1801 Century Park E, Suite 475 Los Angeles, California 90067) for Appellee Sun Group Partners, LLC. Date of service: 06/12/2023. (Party was previously proceeding with counsel.) [12734024] [23-55439] (Solove, Ethan) [Entered: 06/12/2023 02:54 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: MCD): 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 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. [12727765] (WL) [Entered: 06/02/2023 03:13 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 06/21/2023, 2:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12725140] (VS) [Entered: 05/31/2023 08:33 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 05/19/2023. 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.[12719741]. [23-55439] (AD) [Entered: 05/19/2023 06:44 PM] |
| Filing 2 Filed (ECF) Appellant Alcon 3PL, Inc. Mediation Questionnaire. Date of service: 05/19/2023. [12719580] [23-55439] (Kohan, Kambiz) [Entered: 05/19/2023 03:37 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Alcon 3PL, Inc. Mediation Questionnaire due on 05/22/2023. Appellant Alcon 3PL, Inc. opening brief due 07/10/2023. Appellees Brent Sands, Glenn Sands and Sun Group Partners, LLC answering brief due 08/09/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12715785] (JBS) [Entered: 05/15/2023 12:17 PM] |
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