Botten, et al. v. Kee, et al.
| JONATHAN WAYNE BOTTEN, TANJA DUDEK BOTTEN, ANNABELLE BOTTEN and J. B., a minor by and through his guardian Jonathan Wayne Botten Sr. |
| ISAIAH KEE, BERNARDO RUBALCAVA, STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, MICHAEL BLACKWOOD, ROBERT VACCARI, JAKE ADAMS and DOES 1-10 |
| 25-3569 |
| June 5, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 8
ORDER FILED. The stipulation to dismiss the appeal without prejudice (Docket Entry No. 7) is granted. The appeal is dismissed without prejudice to reinstatement in the event the district court denies plaintiffs-appellees' request to dismiss their claim under 42 U.S.C. section 1983 for violation of their Fourt Amendment rights. Reinstatement shall be by notice filed by any party in this court and served on the other parties and the Circuit Mediator within 28 days of the district court's denial of plaintiffs-appellees' request for dismissal of their Fourth Amendment claim. If no notice of reinstatement is filed and served, the appeal will be deemed dismissed with prejudice. A copy of this order shall serve as and for the mandate of this court. [Entered: 07/16/2025 09:24 AM]
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| Filing 7 MOTION to Dismiss filed by Appellant Isaiah Kee, Appellant Bernardo Rubalcava. [Entered: 07/09/2025 05:16 PM] |
| Filing 6 MEDIATION STATUS REPORT DUE. Mediation Appellant Status Report due (Appellant) 8/8/2025, Mediation Appellee Status Report due (Appellee) 8/8/2025, Opening Brief Due (Appellant) 8/15/2025, Answering Brief Due (Appellee) 9/15/2025 . See order for instructions and details. [Entered: 06/24/2025 02:12 PM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 6/24/2025, 1:30 p.m. PACIFIC Time. See order for instructions and details. [Entered: 06/16/2025 03:55 PM] |
| Filing 4 MEDIATION QUESTIONNAIRE filed by Appellant Isaiah Kee, Appellant Bernardo Rubalcava. 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. [Entered: 06/12/2025 11:23 PM] |
| Filing 3 MEDIATION ORDER (text only): Mediation Questionnaire due (Appellant) 6/17/2025. 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: 06/12/2025 02:38 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 6/10/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 7/16/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 8/18/2025. For appeal no. 25-3569, 5:23-cv-00257-KK-SHK. 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: 06/05/2025 02:17 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 5:23-cv-00257-KK-SHK 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 25-3569 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: 06/05/2025 02:13 PM] |
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