Morisky v. MMAS Research, LLC, et al.
| DONALD E. MORISKY |
| POLINA FEILBACH, MMAS RESEARCH FRANCE, SAS, a French company, STEVEN TRUBOW, MMAS RESEARCH, LLC, a Washington limited liability company and MMAS RESEARCH ITALY, SRL, an Italian company |
| 24-6568 |
| October 28, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 13
ORDER FILED. (Sidney R. THOMAS, Barry G. SILVERMAN, Richard C. TALLMAN) The court has received the responses to the October 30, 2024 order. The court lacks jurisdiction over this appeal, because orders imposing sanctions under Rule 37 are interlocutory and may not be appealed until entry of final judgment. United States v. Westinghouse Elec. Corp., 648 F.2d 642, 651 (9th Cir. 1981), overruled on other grounds by Fed. Trade Commn v. Actavis, 570 U.S. 136 (2013); see also Cunningham v. Hamilton County, 527 U.S. 198, 203-10 (1999) (Rule 37 sanctions order not final decision under 28 U.S.C. 1291 or immediately appealable as collateral order). DISMISSED. [Entered: 12/18/2024 08:18 AM]
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| Filing 12 RESPONSE to Order - General OSC (DE 3) filed by Appellee Donald E. Morisky. [Entered: 11/25/2024 04:52 PM] |
| Filing 11 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 11/25/2024 02:34 PM] |
| Filing 10 RESPONSE to Order - General OSC (DE 3) filed by Appellant MMAS Research, LLC, Appellant Steven Trubow, Appellant Polina Feilbach, Appellant MMAS Research Italy, SRL, Appellant MMAS Research France, SAS. [Entered: 11/20/2024 02:20 PM] |
| Filing 9 MEDIATION QUESTIONNAIRE filed by Appellant MMAS Research, LLC, Appellant Steven Trubow, Appellant Polina Feilbach, Appellant MMAS Research Italy, SRL, Appellant MMAS Research France, SAS. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. 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. [COURT ENTERED FILING to correct DE 8.] [Entered: 11/19/2024 07:59 AM] |
| Filing 8 DEFECTIVE---RESPONSE to Order - General OSC (DE 3) filed by Appellant MMAS Research, LLC, Appellant Steven Trubow, Appellant Polina Feilbach, Appellant MMAS Research Italy, SRL, Appellant MMAS Research France, SAS. [Wrong filing type used, correct entry is DE 9.] [Entered: 11/18/2024 05:50 PM] [Edited: 11/19/2024 08:00 AM] |
| Filing 7 MEDIATION ORDER (text only): Mediation Questionnaire due (Appellant) 11/20/2024. The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Appellant shall file a Mediation Questionnaire (#form07.pdf (uscourts.gov)) or dismiss the appeal voluntarily. Information about the mediation program may be found on the court's website: #www.ca9.uscourts.gov/mediation. [Entered: 11/15/2024 01:18 PM] |
| Filing 6 TERMINATED participation of Counsel for Appellant Brett C. Harris representing Appellant MMAS Research France, SAS, Appellant MMAS Research Italy, SRL, Appellant MMAS Research, LLC, Appellant Polina Feilbach, Appellant Steven Trubow. [Entered: 11/01/2024 08:04 AM] |
| Filing 5 ADDED Counsel for Appellant Patricia L. Ray for Appellant MMAS Research Italy, SRL, Appellant MMAS Research France, SAS, Appellant MMAS Research, LLC, Appellant Polina Feilbach, Appellant Steven Trubow. [Entered: 11/01/2024 08:00 AM] |
| Filing 4 NOTICE OF APPEARANCE by Patricia L. Ray for Appellant MMAS Research France, SAS, Appellant MMAS Research Italy, SRL, Appellant MMAS Research, LLC, Appellant Polina Feilbach, Appellant Steven Trubow replacing Brett C. Harris. [Entered: 10/31/2024 09:40 PM] |
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Filing 3
ORDER FILED. Civil contempt orders and orders imposing sanctions under Rule 37 are interlocutory and may not be appealed until entry of final judgment. United States v. Westinghouse Elec. Corp., 648 F.2d 642, 651 (9th Cir. 1981), overruled on other grounds by Fed. Trade Commn v. Actavis, 570 U.S. 136 (2013); see also 28 U.S.C. 1291; Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (a dismissal 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)). 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 or move for voluntary dismissal of the appeal. If appellants do not do so, the court will dismiss this appeal. See 9th Cir. R. 42-1. If appellants file a statement, appellee may file a response within 10 days. Briefing is stayed. [Entered: 10/30/2024 10:13 AM]
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| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 11/4/2024, Appeal Opening Brief (No Transcript Due) (Appellant) 12/9/2024, Appeal Answering Brief (No Transcript Due) (Appellee) 1/8/2025. For appeal no. 24-6568, 2:21-cv-01301-RSM. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 10/28/2024 01:45 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:21-cv-01301-RSM has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 24-6568 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 10/28/2024 01:41 PM] |
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