Oracle Corporation et al v. SAP AG et al

Filing 1153

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)

Download PDF
Case: 12-15482 05/09/2012 ID: 8171669 DktEntry: 26 Page: 1 of 3 FILED 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 No. 12-15482 D.C. No. 4:07-cv-01658-PJH Northern District of California, Oakland v. TERRY M. MYERS, ORDER Intervenor - Appellant, v. 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 SM/Pro Se Case: 12-15482 05/09/2012 ID: 8171669 DktEntry: 26 Page: 2 of 3 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, 2012 order. 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 SM/Pro Se 2 12-15482 Case: 12-15482 05/09/2012 ID: 8171669 DktEntry: 26 Page: 3 of 3 for leave to file motion to reopen time to appeal are denied. Briefing is suspended pending further order of this court. SM/Pro Se 3 12-15482

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?