Oracle Corporation et al v. SAP AG et al
ORDER of USCA as to 1111 Notice of Appeal filed by Terry M. Myers re: fees and OSC (kk, COURT STAFF) (Filed on 5/9/2012)
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UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ORACLE CORPORATION, a Delaware
corporation; et al.,
Plaintiffs - Appellees,
MAY 09 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
D.C. No. 4:07-cv-01658-PJH
Northern District of California,
TERRY M. MYERS,
Intervenor - Appellant,
SAP AG, a German corporation; et al.,
Defendants - Appellees.
Before: THOMAS and CALLAHAN, Circuit Judges.
Appellant’s March 30, 2012 amended notice of appeal and appellant’s April
16, 2012 motion to reopen are construed as motions for reconsideration of this
court’s March 28, 2012 order limiting the scope of this appeal to review of the
January 12, 2012 order. So construed, the motions are denied.
Appellant’s motion to proceed in forma pauperis is denied because we find
that the appeal is frivolous. Within 21 days after the date of this order, appellant
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shall pay $455.00 to the district court as the docketing and filing fees for this
appeal and file proof of payment with this court. Failure to pay the fees will result
in the automatic dismissal of the appeal by the Clerk for failure to prosecute,
regardless of further filings. See 9th Cir. R. 42-1.
No motions for reconsideration, clarification, or modification of the denial
of appellant’s in forma pauperis status shall be filed or entertained.
If appellant pays the fees as required and files proof of such payment in this
court, appellant shall simultaneously show cause why the order challenged in this
appeal should not be summarily affirmed. See 9th Cir. R. 3-6. If appellant elects
to show cause, a response may be filed within 10 days after service of appellant’s
filing. If appellant pays the fees but fails to file a response to this order, the court
will determine whether to summarily affirm the order in this appeal based on the
appellant’s March 30, 2012 and April 16, 2012 responses to this court’s March 28,
If the appeal is dismissed for failure to comply with this order, the Clerk
shall not file or entertain any motion to reinstate the appeal that is not accompanied
by proof of payment of the docketing and filing fees.
Appellant’s April 16, 2012 motion for sanctions and April 26, 2012 motion
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for leave to file motion to reopen time to appeal are denied.
Briefing is suspended pending further order of this court.
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