Black et al v. Google Inc.

Filing 35

ORDER of USCA: proceedings shall be held in abeyance pending the district court's resolution of the 8/25/2010 & 8/30/2010 pending motions as to 31 Notice of Appeal filed by Gary Black, Holli Beam-Black (cp, COURT STAFF) (Filed on 9/20/2010)

Black et al v. Google Inc.

Doc. 35

Case: 10-16992 09/17/2010 Page: 1 of 2

ID: 7478301 DktEntry: 4

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FILED
SEP 17 2010
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

GARY BLACK, DBA Cal Bay Construction and HOLLI BEAMBLACK, DBA Castle Roofing, Plaintiffs - Appellants, v. GOOGLE, INC., Defendant - Appellee.

No. 10-16992 D.C. No. 4:10-cv-02381-CW U.S. District Court for Northern California, Oakland ORDER

The court's records indicate that this appeal was filed during the pendency of a timely-filed Fed. R. App. P. 4(a)(4) motions. The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court shall be held in abeyance pending the district court's resolution of the August 25, 2010 and August 30, 2010 pending motions. See Leader Nat'l Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994). If appellant wishes to challenge the district court's ruling on the pending motions for reconsideration, appellant shall file an amended notice of appeal

Dockets.Justia.com

Case: 10-16992 09/17/2010 Page: 2 of 2

ID: 7478301 DktEntry: 4

within 30 days from entry of the district court's ruling on the motions. See Fed. R. App. P. 4(a)(4). A copy of this order shall be served on the district court. See Fed. R. App. P. 3(d). FOR THE COURT: Molly C. Dwyer Clerk of Court Corina Orozco Deputy Clerk