Eteghaei, et al. v. Farruggia, et al.
| ARASH ETEGHAEI and MITRA ZADE |
| MATTHEW FARRUGGIA, JOSHUA DORMER and RILEY WALTER |
| 24-7290 |
| December 3, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 5
ORDER FILED. A district court order is generally 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). Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981)); see also 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); George v. Morris, 736 F.3d 829, 839-40 (9th Cir. 2013) (dismissing a plaintiffs cross-appeal for lack of jurisdiction because [i]n contrast to the situation in which an officer denied immunity finds himself, [plaintiff] will not lose any right by having appellate review . . . deferred until final judgment). This court may therefore lack jurisdiction over appeal No. 24-7290. Within 21 days, appellants Arash Eteghaei and Mitra Zade must either file a statement explaining why appeal No. 24-7290 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 court will dismiss appeal No. 24-7290. See Ninth Circuit Rule 42-1. If appellants file a statement, a response may be filed within 10 days. Briefing is stayed. [24-7290, 24-6927] [Entered: 01/15/2025 02:50 PM]
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| Filing 4 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. The briefing schedule previously set by the court remains in effect. [24-7290, 24-6927] [Entered: 12/13/2024 02:42 PM] |
| Filing 3 MEDIATION ORDER (text only): In Appeal No. 24-7290:Mediation Questionnaire due (Appellant) 12/17/2024. 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. [24-7290, 24-6927] [Entered: 12/12/2024 01:31 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Eteghaei and Zade) 12/9/2024, Cross Appeal First Brief Due (Appellant) 2/4/2025, Cross Appeal Second Brief Due (Appellee) 3/6/2025, Cross Appeal Third Brief Due (Appellant) 4/7/2025. For appeal no. 24-6927, 24-7290, 4:22-cv-04298-KAW. 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 [24-6927, 24-7290] [Entered: 12/03/2024 05:11 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 4:22-cv-04298-KAW 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 24-7290 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: 12/03/2024 05:03 PM] |
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