Case details

Court: ca9
Docket #: 13-15627
Case Name: James Grinols, et al v. Electoral College, et al
PACER case #: 13-15627
Date filed: 04/03/2013
Date terminated: 06/20/2013
Nature of Suit: 2441 Civil Rights Voting

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
04/03/2013 1 0 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/10/2013. Transcript ordered by 05/01/2013. Transcript due 05/31/2013. Appellants James Grinols, Keith Judd, Thomas Gregory MacLeran, Edward Noonan and Robert Odden opening brief due 07/10/2013. Appellees Electoral College, Governor of California, Barrack Obama, President of the Senate, Secretary of State of California and U.S. Congress answering brief due 08/09/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8575694] (RT)
04/26/2013 2 0 Filed (ECF) Appellants James Grinols, Keith Judd, Thomas Gregory MacLeran, Edward Noonan and Robert Odden Motion to hear this case before the panel which will hear case 13-15085. Date of service: 04/26/2013. [8606982] (OT) 2013-04-29 09:37:17 2c51fb46ac7268e477367946f44059dc100d576d
05/15/2013 3 0 Filed clerk order (Deputy Clerk: SLJ): A review of the record suggests that this court may lack jurisdiction over the appeal because an order denying a motion for default judgment is not a final appealable order. See 28 U.S.C. § 1291; Bird v. Reese, 875 F.2d 256 (9th Cir. 1989) (order). Moreover, a review of the district court docket shows that a final order granting appellees’ motions to dismiss has not yet been filed. Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [8629706] (WL)
05/24/2013 4 0 Filed (ECF) Appellants James Grinols, Keith Judd, Thomas Gregory MacLeran, Edward Noonan and Robert Odden status report (as required by Court order dated 05/15/2013). Date of service: 05/24/2013 [8643303] (OT)
4 1 Main Document 2013-05-29 13:38:37 0e1109a76de635c1203e4ac2bffb0238041aaabc
4 2 Exhibit 1 Grinols Final Judgment
4 3 Exhibit 2 Grinols final memorandum order
4 4 Grinols Transcript of the final hearing 04.22.2013 2013-05-29 13:39:38 ef3f1f3f6f8a378346fe7926fa3898ec725ea7bd
4 5 Exhibit 4 Mociton to modify the appeal and join
4 6 Certificate of Service
06/20/2013 5 0 Filed order (MICHAEL DALY HAWKINS, RONALD M. GOULD and PAUL J. WATFORD) A review of the record and appellants’ response to the May 15, 2013 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. § 1291; Bird v. Reese, 875 F.2d 256 (9th Cir. 1989) (order) (order denying a motion for default judgment is not a final appealable order); FirsTier Mortgage Co. v. Investors Mortgage Ins. Co, 498 U.S. 269, 276 (1991) (premature appeal not cured by subsequent entry of judgment where appellant could not reasonably believe order was final or appealable). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [8676059] (WL)
07/15/2013 6 0 MANDATE ISSUED.(MDH, RMG and PJW) [8704292] (RL)