Maurise Phillips v. American Airlines, Inc., et al
| MAURISE PHILLIPS |
| AMERICAN AIRLINES, INC., BRITISH AIRWAYS PLC and DOES, 1 through 20, inclusive |
| 23-55564 |
| June 27, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Injury |
Docket Report
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| Filing 3 Filed order (Deputy Clerk: MCD): On July 11, 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. [12770262] (JBS) [Entered: 08/08/2023 10:51 AM] |
| 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). 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. [12752993] (JBS) [Entered: 07/11/2023 01:52 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Maurise Phillips Mediation Questionnaire due on 07/05/2023. Appellant Maurise Phillips opening brief due 08/28/2023. Appellees American Airlines, Inc., British Airways PLC and Does answering brief due 09/28/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12743807] (RT) [Entered: 06/27/2023 11:31 AM] |
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