Jiang v. NBC Universal Media, LLC, et al.

Docket(#9) Amended Notices of Appeal Received. [Entered: 05/30/2025 05:37 PM]

Docket(#8) MOTION to Extend Time to File Brief filed by Appellant Baiting Jiang. [Entered: 05/27/2025 05:03 PM]

Docket(#7) TERMINATED participation of Appellant Lanjiao Qin. [Entered: 05/27/2025 04:06 PM]

Docket(#6) ORDER FILED. William A. FLETCHER, Consuelo M. CALLAHAN, Lucy H. KOH The district court severed Lanjiao Qins claims from district court No. 3:21-cv-01293-LB and filed them in a new district court action, No. 3:25-cv-00676-RFL. The district court entered a final judgment in No. 3:25-cv-00676-RFL on February 21, 2025. Lanjiao Qin did not file a notice of appeal in No. 3:25-cv-00676-RFL. Lanjiao Qin was not a party to the March 10, 2025 judgment in No. 3:21-cv-01293-LB and is dismissed as a party to the appeal. See Hoover v. Switlik Parachute Co., 663 F.2d 964, 966 (9th Cir. 1981) (court lacks jurisdiction over appeal because appellant lacks standing to challenge order that pertains only to the co-defendant). It appears that some unserved parties did not consent to proceed before the magistrate judge in the district court. See Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017) (all parties, including unserved defendants, must consent for jurisdiction to vest with the magistrate judge under 28 U.S.C. 636(c)(1)). This courts appellate jurisdiction depends on the magistrate judge's lawful exercise of jurisdiction. See Anderson v. Woodcreek Venture Ltd., 351 F.3d 911, 914 (9th Cir. 2003). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellant Baiting Jiang must file a statement explaining why the March 10, 2025 judgment should not be vacated and this case should not be remanded to the district court for further proceedings. See Allen v. Meyer, 755 F.3d 866, 869 (9th Cir. 2014) (remanding to the district court where magistrate judge entered judgment absent consent of the parties); see also Branch v. Umphenour, 936 F.3d 994, 1006-07 (9th Cir. 2019). If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellant files a statement, appellees may file a response within 10 days. Briefing is stayed. [Entered: 05/27/2025 04:05 PM]

Docket(#5) Amended Notices of Appeal Received. [Entered: 05/07/2025 04:33 PM]

Docket(#4) Originating Court Notice of Fee Received. [Entered: 04/23/2025 09:24 AM]

Docket(#3) Amended Notices of Appeal Received. [COURT UPDATE: Attached additional PDF of amended notice of appeal.] [Entered: 04/16/2025 11:40 AM] [Edited: 05/07/2025 04:28 PM]

Docket(#2) SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 5/26/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 6/26/2025. For appeal no. 25-2410, 3:21-cv-01293-LB. 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: 04/15/2025 11:36 AM]

Docket(#1) CASE OPENED. A copy of your notice of appeal / petition filed in 3:21-cv-01293-LB 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 25-2410 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: 04/15/2025 11:34 AM]