Katey Huntley, et al v. Rosebud Economic Development Corporation, et al
| KATEY HUNTLEY and GARY JACKSON, Individually and On Behalf of All Others Similarly Situated |
| ROSEBUD ECONOMIC DEVELOPMENT CORPORATION, ROSEBUD LENDING LZO, DBA Zocaloans, FINTECH FINANCIAL, LLC, TACTICAL MARKETING PARTNERS, LLC and 777 PARTNERS, LLC |
| 23-55765 |
| September 8, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
Docket Report
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| Filing 10 Filed order (Deputy Clerk: MCD): Pursuant to the stipulation of the parties (Docket Entry No. [ # 9 ]), this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. [12817720] (ABT) [Entered: 10/31/2023 01:44 PM] |
| Filing 9 Filed (ECF) Appellants Katey Huntley and Gary Jackson Joint Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 10/27/2023. [12816486] [23-55765] (Ibey, Jason) [Entered: 10/27/2023 02:15 PM] |
| Filing 8 Filed (ECF) Appellants Katey Huntley and Gary Jackson Correspondence: Notice of Settlement. Date of service: 10/03/2023 [12803033] [23-55765] (Ibey, Jason) [Entered: 10/03/2023 08:50 AM] |
| Filing 7 MEDIATION ORDER FILED: By 11/01/2023, Appellants to file a motion or stipulation to dismiss, or contact the circuit mediator. The dial-in assessment conference previously scheduled for 10/17/2023, is canceled. See order for details. [12802344] (CL) [Entered: 10/02/2023 11:31 AM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 10/17/2023, 1:00 p.m. PACIFIC Time. See order for instructions and details. [12800369] (CL) [Entered: 09/28/2023 08:03 AM] |
| Filing 5 MEDIATION ORDER FILED: By 09/27/2023, 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. [12793935] (CL) [Entered: 09/18/2023 11:46 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 09/15/2023. 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.[12793210]. [23-55765] (AD) [Entered: 09/15/2023 12:44 PM] |
| Filing 3 Filed (ECF) Appellants Katey Huntley and Gary Jackson Mediation Questionnaire. Date of service: 09/15/2023. [12792875] [23-55765] (Ibey, Jason) [Entered: 09/15/2023 08:51 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): An order that compels arbitration but does not dismiss the underlying claims is not immediately appealable. See MediVas, LLC v. Marubeni Corp., 741 F.3d 4, 7 (9th Cir. 2014) ([W]e have consistently treated orders compelling arbitration but not explicitly dismissing the underlying claims as unappealable interlocutory orders.); see also 9 U.S.C. 16; Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79, 86-87 (2000) (confirming that a final decision under 9 U.S.C. 16 is one that ends the litigation on the merits and leaves nothing more for the court to do but execute the judgment (citation omitted)); Bushley v. Credit Suisse First Bos., 360 F.3d 1149, 1153 (9th Cir. 2004) (holding that order compelling arbitration effectively stayed district court proceedings and thus was not final and appealable). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellants 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 appellants do not comply with this order, the Clerk will dismiss this appeal under Ninth Circuit Rule 42-1. If appellants file a statement, a response may be filed within 10 days. Briefing is stayed. [12791026] (JBS) [Entered: 09/12/2023 04:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Katey Huntley and Gary Jackson Mediation Questionnaire due on 09/15/2023. Appellants Katey Huntley and Gary Jackson opening brief due 11/09/2023. Appellees 777 Partners, LLC, Fintech Financial, LLC, Rosebud Economic Development Corporation, Rosebud Lending LZO and Tactical Marketing Partners, LLC answering brief due 12/11/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12789112] (RT) [Entered: 09/08/2023 02:09 PM] |
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