Lux, et al. v. Benavides, et al.
| MICHAEL BATES, AARON MATHIS, CURTIS LUX, JUSTIN HYMES, RICK GORDON, KATHY WADKINS and ISHMEL BYRD |
| ALLAN BENAVIDES, Allen Glickstein, ACJ CONSULTING, LLC, LILLIBETH BENAVIDES, ZACHARY BUCHANAN, TOP WATER HOLDINGS, LLC, JORDANA BUCHANAN, AEB ENTERPRISES, LLC and SOUTHWEST CONCRETE PUMPING, LLC |
| 24-7131 |
| November 25, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 MANDATE ISSUED Sidney R. THOMAS, Barry G. SILVERMAN, Richard C. TALLMAN [Entered: 12/27/2024 09:37 AM] |
Filing 4
ORDER FILED. (Sidney R. THOMAS, Barry G. SILVERMAN, Richard C. TALLMAN) Petitioners have not demonstrated a clear and indisputable right to the extraordinary remedy of mandamus. See In re Mersho, 6 F.4th 891, 897 (9th Cir. 2021) (To determine whether a writ of mandamus should be granted, we weigh the five factors outlined in Bauman v. United States District Court.); Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977). Accordingly, appeal No. 24-7131 is dismissed and petition No. 24-7151 is denied. [Entered: 12/05/2024 10:46 AM]
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| Filing 3 DEFECTIVE - BRIEF submitted for filing by Appellant Curtis Lux, Appellant Justin Hymes, Appellant Kathy Wadkins, Appellant Aaron Mathis, Appellant Michael Bates, Appellant Rick Gordon, Appellant Ishmel Byrd. [COURT UPDATE: case no. 24-7131 is an appeal, not a petition for a writ of mandamus. If counsel wishes to file a petition for a writ of mandamus, counsel needs to read the relevant Fed. R. App. P. and submit a new action in the court of appeals. Case no. 24-7131 requires a brief to be filed as stated in the scheduling order provided to counsel]. [Entered: 11/25/2024 04:29 PM] [Edited: 11/26/2024 01:05 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 12/2/2024, Appeal Transcript Order Due (Appellant) 12/9/2024, Appeal Transcript Due (Appellant) 1/8/2025, Appeal Opening Brief Due (Appellant) 2/17/2025, Appeal Answering Brief Due (Appellee) 3/19/2025. For appeal no. 24-7131, 2:23-cv-00839-MMD-NJK. 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: 11/25/2024 02:36 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-00839-MMD-NJK 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 24-7131 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: 11/25/2024 02:31 PM] |
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