Estate of Brandon Transberg Hoadley, et al. v. City of Gardena, et al.
| MELANIE TRANBERG, MARK HOADLEY and ESTATE OF BRANDON TRANSBERG HOADLEY, by and through his successors in interest, Melanie Transberg and Mark Hoadley |
| LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, DOES, 1 through 5, 10, Doe 9, COUNTY OF LOS ANGELES, ROCIO MARTIN-LEAL, CITY OF GARDENA, CITY OF GARDENA POLICE DEPARTMENT, GUILLERMO TINOCO, VICTOR SALDANA, Doe 8, Doe 7, Doe 6 and MICHAEL SPINOSA |
| 24-6832 |
| November 12, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 9
ORDER FILED. The court has received the response to the November 26, 2024 order. The clerk will update the docket to reflect that City of Gardena is the only appellant in this appeal, and this appeal will proceed. In addition to all other issues the parties wish to raise in their briefs, the parties must address whether this court has jurisdiction over this appeal. See Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019) ([M]unicipalities sued under 1983, unlike individuals, are not entitled to immunity, qualified or otherwise, and so, unlike individuals, can never be immune from trial. The denial of summary judgment to a municipal defendant on a Monell claim is therefore no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable.). The opening brief is due February 12, 2025. The answering brief is due March 14, 2025. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 01/10/2025 11:20 AM]
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| Filing 8 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call with counsel for Appellees only, 12/24/2024, 1:00 pm Pacific Time. Each participant will receive an email with dial-in instructions. . [24-6832, 24-6835] [Entered: 12/20/2024 01:25 PM] |
| Filing 7 RESPONSE to Order - No Final Order General (DE 4) filed by Appellant City of Gardena, Appellant Victor Saldana, Appellant Michael Spinosa, Appellant Guillermo Tinoco. [Entered: 12/17/2024 12:29 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call with counsel for Appellees, 12/19/2024, 10:00 am Pacific Time. Each participant will receive an email with dial-in instructions. [24-6832, 24-6835] [Entered: 12/17/2024 11:12 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 12/11/2024, 8:30 a.m. PACIFIC Time. See order for instructions and details. [24-6832, 24-6835] [Entered: 11/27/2024 04:00 PM] |
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Filing 4
ORDER FILED. The October 31, 2024 notice of appeal identifies only defendant City of Gardena as an appellant. See Fed. R. App. P. 3(c)(1)(A). [M]unicipalities sued under 1983, unlike individuals, are not entitled to immunity, qualified or otherwise, and so, unlike individuals, can never be immune from trial. The denial of summary judgment to a municipal defendant on a Monell claim is therefore no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable. Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellants must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellants do not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellants file a statement, appellees may file a response within 10 days. Briefing is stayed. [Entered: 11/26/2024 11:19 AM]
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| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant City of Gardena. To submit pertinent confidential information directly to the Circuit Mediators, please email #ca09_mediation@ca9.uscourts.gov 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. [Entered: 11/16/2024 11:43 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Transcript Order Due (Appellant) 11/14/2024, Mediation Questionnaire due (Appellant) 11/18/2024, Appeal Transcript Due (Appellant) 12/16/2024, Appeal Opening Brief Due (Appellant) 1/23/2025, Appeal Answering Brief Due (Appellee) 2/24/2025. For appeal no. 24-6832, 2:22-cv-02334-FWS-AS. 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: 11/12/2024 02:25 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:22-cv-02334-FWS-AS 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 24-6832 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 11/12/2024 02:07 PM] |
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