Pauker v. Heart Consciousness Church, Inc., et al.
| MICHAEL PAUKER |
| HEART CONSCIOUSNESS CHURCH, INC. and DEREK CYR |
| 26-1264 |
| March 4, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 11 RESPONSE to Order - Order to Show Cause (OSC) (DE 10) filed by Appellant Michael Pauker. [Entered: 04/30/2026 02:33 PM] |
Filing 10
ORDER FILED. Appellants response to the courts March 11, 2026 order indicates that, on March 19, 2026, appellant voluntarily dismissed without prejudice his claims against Derek Cyr and Does 1-10 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) without the approval or participation of the district court. This court may therefore lack jurisdiction over this appeal. See Galaza v. Wolf, 954 F.3d 1267, 1272 (9th Cir. 2020) ([W]hen a party that has suffered an adverse partial judgment subsequently dismisses any remaining claims without prejudice, and does so without the approval and meaningful participation of the district court, this court lacks jurisdiction under 28 U.S.C. 1291.). Within 21 days, appellant must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellant files a statement, appellee may file a response within 10 days. Briefing remains stayed. [Entered: 04/14/2026 03:37 PM]
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| Filing 9 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 03/31/2026 02:59 PM] |
| Filing 8 RESPONSE to Order - Order to Show Cause (OSC) (DE 6) filed by Appellant Michael Pauker. [Entered: 03/31/2026 12:19 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 3/31/2026, 2:00 PM PACIFIC Time. See order for instructions and details. [Entered: 03/17/2026 02:40 PM] |
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Filing 6
ORDER FILED. A district courts 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). 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). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellant must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellant files a statement, appellee may file a response within 10 days. Briefing is stayed. [Entered: 03/11/2026 02:58 PM]
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| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant Michael Pauker. 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: 03/09/2026 10:49 AM] |
| Filing 4 ADDED Counsel for Appellant Matthew Mainen [Entered: 03/09/2026 10:39 AM] |
| Filing 3 NOTICE OF APPEARANCE by Matthew Mainen for Appellant Michael Pauker. [Entered: 03/09/2026 10:35 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Transcript Order Due (Appellant) 3/12/2026, Appeal Opening Brief Due (Appellant) 5/21/2026, Appeal Answering Brief Due (Appellee) 6/22/2026, Appeal Transcript Due (Appellant) 4/13/2026, Mediation Questionnaire due (Appellant) 3/9/2026. For appeal no. 26-1264, 3:25-cv-02852-CRB. 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: 03/04/2026 10:16 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-02852-CRB 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 26-1264 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: 03/04/2026 10:11 AM] |
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