Delvina Kimbler v. Dexcom, Inc.
| DELVINA KIMBLER, an individual |
| DEXCOM, INC. |
| 23-55781 |
| September 15, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Personal Injury-Product Liability |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 4 Filed order (Deputy Clerk: MCD): Appellants motions for voluntary dismissal of their respective appeals (Docket Entry No. [ # 12796642-1 ] in Nos. 23-55780, 23-55781, and 23-55782) are granted. These appeals are dismissed. See Fed. R. App. P. 42( b). This order served on the district court shall act as and for the mandate of this court. [12801712] [23-55780, 23-55781, 23-55782] (JMR) [Entered: 09/29/2023 03:11 PM] |
| Filing 3 Filed (ECF) Appellant Delvina Kimbler Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 09/21/2023. [12796644] [23-55781] (Clark, Timothy) [Entered: 09/21/2023 01:28 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): An order denying a motion to remand is not final and thus not appealable prior to entry of final judgment. Est. of Bishop v. Bechtel Power Corp., 905 F.2d 1272, 1274 (9th Cir. 1990); see also 28 U.S.C. 1291; Fed. R. Civ. P. 54(b). This court may therefore lack jurisdiction over these appeals. Within 21 days, appellants must either file a statement explaining why these appeals should not be dismissed for lack of jurisdiction or move for voluntary dismissal of their respective appeals. If any appellant does not comply with this order, the Clerk will dismiss that partys appeal under Ninth Circuit Rule 42-1. If any appellant files a statement, a response may be filed within 10 days. Briefing is stayed. [12795848] [23-55780, 23-55781, 23-55782] (JMR) [Entered: 09/20/2023 01:50 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Delvina Kimbler Mediation Questionnaire due on 09/22/2023. Appellant Delvina Kimbler opening brief due 11/16/2023. Appellee Dexcom, Inc. answering brief due 12/18/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12793569] (RT) [Entered: 09/15/2023 05:06 PM] |
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