Aryan Zoroaster v. El Cortez Motel, et al
| DOES, 1-500 |
| ARYAN ZOROASTER, an individual |
| EL CORTEZ MOTEL |
| 23-55637 |
| July 20, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 4 Filed order (Deputy Clerk: MCD): On August 9, 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 o rder. 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. [12785297] (WL) [Entered: 09/01/2023 11:37 AM] |
| Filing 3 Deleted Incorrect Entry (Entered in Wrong Case). Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed Appellant El Cortez Motel letter re: Instructions for Form 24. Paper filing deficiency: None. [12782953] (HH) [Entered: 08/29/2023 02:55 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): 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); 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). 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. [12770998] (WL) [Entered: 08/09/2023 10:09 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant El Cortez Motel opening brief due 09/18/2023. Appellee Aryan Zoroaster answering brief due 10/18/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12758920] (JBS) [Entered: 07/20/2023 02:08 PM] |
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