Free Notice of Appeal - District Court of Arizona - Arizona

R ANDOLPH G . B ACHRACH
ATTORNEY AT LAW

5103 E. THOMAS ROAD PHOENIX, ARIZONA 85018 Tel: (602) 852-9540 Fax: (602) 840-0318 (AZ #12621 - CA #93278)

Attorneys for Plaintiff

United States District Court
FOR THE DISTRICT OF ARIZONA

DAVID L. MAZET, Plaintiff,

No.: CV 04 0493 PHX FJM NOTICE OF APPEAL

vs. HALLIBURTON COMPANY LONGTERM DISABILITY PLAN; and, HARTFORD LIFE & ACCIDENT INSURANCE COMPANY, Defendants.
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Notice is hereby given that Plaintiff, DAVID L. MAZET, hereby appeals to the United States Court of Appeals for the Ninth Circuit from the final judgment entered in this action on the 29th day of August, 2008. (Docket # 96.) Plaintiff also renews his appeal from the judgment and "dismissal" entered by the court on the 19th day of August, 2005.1 (Docket # 41.) DATED: September 15, 2008

On December 5, 2006, the U.S. Court of Appeals (9th Cir.) dismissed Plaintiff's original appeal for lack of jurisdiction due to lack of a final judgment as required by 28 U.S.C. § 1291, citing, inter alia, Williamson v. UNUM Life Ins. Co. of Am., 160 F.3d

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1247, 1251 (9th Cir. 1998), ("[i]n spite of the district court's remand, because fewer than all of the claims of the parties have been decided by the district court's two partial summary judgment orders, the action has not terminated as to any of the claims and the district court orders are subject to revision at any time prior to the entry of judgment adjudicating all of the claims. Fed.R.Civ.P. 54(b)"). (Docket
# 48.)

Case 2:04-cv-00493-FJM

Document 98

Filed 09/15/2008

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DATED: September 15, 2008

RANDOLPH G. BACHRACH Attorney at Law

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By s/Randolph G. Bachrach Randolph G. Bachrach, Esq. 5103 E. Thomas Road Phoenix, Arizona 85018 Attorney for Plaintiff I hereby certify that on September 15, 2008 I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Steve Bressler LEWIS & ROCA, LLP 40 N. Central Ave. Phoenix, Arizona 85004-3329 Attorneys for Defendants

ATTORNEY AT LAW 5103 E. THOMAS ROAD PHOENIX, AZ 85018 S (602) 852-9540

RANDOLPH G. BACHRACH

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s/Randolph G. Bachrach

x

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Case 2:04-cv-00493-FJM

Document 98

Filed 09/15/2008

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