UniBank for Savings, et al v. SBK Holdings USA, Inc.
Plaintiff / Appellee: UNIBANK FOR SAVINGS
Interested Party: SBK HOLDINGS USA, INC.
Defendant / Appellee: EDGAR SARGSYAN, ELINA SARGSYAN and 999 PRIVATE JET, LLC
Case Number: 19-1990
Filed: October 4, 2019
Court: U.S. Court of Appeals, First Circuit
Nature of Suit: Negotiable Instrument

Opinions

We have the following opinions for this case:

Date Filed Description
April 11, 2022 Summary UniBank for Savings v. SBK Holdings USA, Inc.
April 14, 2022 Summary UniBank for Savings v. SBK Holdings USA, Inc.

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Docket Report

This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2022 Opinion or Order MANDATE issued. [19-1990, 21-1184] (JMK) [Entered: 05/02/2022 07:59 AM]
April 14, 2022 Opinion or Order ERRATA issued by court to opinion (published) [ # 6488862-2 ]. [19-1990, 21-1184] (SBT) [Entered: 04/14/2022 02:40 PM]
April 11, 2022 Opinion or Order OPINION issued by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. Published. [19-1990, 21-1184]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (JMK) [Entered: 04/11/2022 02:30 PM]
April 11, 2022 Opinion or Order JUDGMENT. Affirmed. [19-1990, 21-1184] (JMK) [Entered: 04/11/2022 02:32 PM]
January 6, 2022 Opinion or Order CASE argued. Panel: Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. Arguing attorneys: Mark J. Geragos for SBK Holdings USA, Inc. and John Gregory Loughnane for UniBank for Savings in 19-1990. [19-1990, 21-1184] (DJT) [Entered: 01/06/2022 11:27 AM]
December 3, 2021 Opinion or Order ORDER entered by Sandra L. Lynch, Appellate Judge: Attorney John G. Loughnane's motion for late appearance is allowed. [19-1990, 21-1184] (DJT) [Entered: 12/03/2021 04:25 PM]
December 3, 2021 Opinion or Order NOTICE of appearance filed by Attorney John Gregory Loughnane for Appellee UniBank for Savings in 19-1990. Certificate of service dated 12/01/2021. [19-1990, 21-1184] (DJT) [Entered: 12/03/2021 04:28 PM]
December 3, 2021 Opinion or Order DESIGNATION of attorney presenting oral argument. Arguing Person Information Updated for: John Gregory Loughnane arguing for Appellee UniBank for Savings; Arguing Person Information Updated for: John Gregory Loughnane arguing for Appellee UniBank for Savings. [19-1990, 21-1184] (DJT) [Entered: 12/03/2021 04:29 PM]
December 1, 2021 Opinion or Order MOTION requesting leave for Attorney John G. Loughnane to enter an appearance filed by Appellee UniBank for Savings in 19-1990, 21-1184. Certificate of service dated 12/01/2021. [19-1990, 21-1184] (JGL) [Entered: 12/01/2021 07:06 PM]
November 23, 2021 Opinion or Order CASE calendared: Consistent with ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct oral argument remotely in this case on Thursday, January 6, 2022 at 9:30 a.m., in lieu of in-person appearance. Check-in at 9:00 a.m. before court begins is required. There will be no continuance except for grave cause. Designation form due 11/30/2021. [19-1990, 21-1184] (DJT) [Entered: 11/23/2021 04:24 PM]
November 23, 2021 Opinion or Order DESIGNATION of attorney presenting oral argument filed by Attorney Mark J. Geragos for Appellant SBK Holdings USA, Inc.. Certificate of service dated 11/23/2021. [19-1990] (MJG) [Entered: 11/23/2021 07:01 PM]
August 13, 2021 Opinion or Order ORDER entered by William J. Kayatta, Jr., Appellate Judge: Appellant's unopposed motion to file a supplemental appendix is allowed. In allowing the motion, we do not now determine whether the proposed contents of the supplemental appendix are relevant or whether judicial notice will be taken of the material, but rather leave those determinations to the panel deciding the merits of the appeal. [19-1990, 21-1184] (JMK) [Entered: 08/13/2021 08:39 AM]
August 13, 2021 Opinion or Order SUPPLEMENTAL APPENDIX filed by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 07/16/2021. [19-1990, 21-1184] (JMK) [Entered: 08/13/2021 08:41 AM]
August 6, 2021 Opinion or Order NINE (9) paper copies of reply brief [ # 6434572-2 ] submitted by Appellant SBK Holdings USA, Inc.. [19-1990, 21-1184] (AJ) [Entered: 08/06/2021 04:57 PM]
August 3, 2021 Opinion or Order ORDER directing Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184 to file conforming paper copies of its reply brief. Paper copies of the reply brief are due 08/10/2021 for SBK Holdings USA, Inc. [19-1990, 21-1184] (JMK) [Entered: 08/03/2021 04:25 PM]
July 23, 2021 Opinion or Order PLEADING tendered: NINE (9) copies of reply brief [ 6434572-2] submitted by filed by Appellant SBK Holdings USA, Inc.. [19-1990, 21-1184] (AJ) [Entered: 07/23/2021 02:44 PM]
July 19, 2021 Opinion or Order REPLY BRIEF filed by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 07/16/2021. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/26/2021 . [19-1990, 21-1184] (LIM) [Entered: 07/19/2021 09:20 AM]
July 19, 2021 Opinion or Order MOTION for leave to file supplemental appendix, to take judicial notice filed by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 07/19/2021. [19-1990, 21-1184] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (MJG) [Entered: 07/19/2021 05:31 PM]
July 16, 2021 Opinion or Order BRIEF tendered by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. [19-1990, 21-1184] (MJG) [Entered: 07/16/2021 10:16 PM]
July 16, 2021 Opinion or Order APPENDIX tendered by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 07/16/2021. [19-1990, 21-1184] (MJG) [Entered: 07/16/2021 10:17 PM]
June 28, 2021 Opinion or Order NINE (9) paper copies of appellee/respondent brief [ # 6430208-2 ] submitted by Appellee UniBank for Savings. [19-1990, 21-1184] (AJ) [Entered: 06/28/2021 02:55 PM]
June 28, 2021 Opinion or Order NINE (9) paper copies of appellant/petitioner brief [ # 6429533-2 ] submitted by Appellant SBK Holdings USA, Inc..[19-1990, 21-1184] (AJ) [Entered: 06/28/2021 03:07 PM]
June 28, 2021 Opinion or Order FIVE (5) paper copies of appendix [ # 6429537-2 ] submitted by Appellant SBK Holdings USA, Inc. in 19-1990. [19-1990, 21-1184] (AJ) [Entered: 06/28/2021 03:11 PM]
June 24, 2021 Opinion or Order APPELLEE'S BRIEF filed by Appellee UniBank for Savings in 19-1990, 21-1184. Certificate of service dated 06/23/2021. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/01/2021 . Reply brief due 07/16/2021 for APPELLANT SBK Holdings USA, Inc. [19-1990, 21-1184]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (LIM) [Entered: 06/24/2021 08:12 AM]
June 24, 2021 Opinion or Order DISCLOSURE statement filed by Appellee UniBank for Savings in 19-1990, 21-1184. Certificate of service dated 06/23/2021. [19-1990, 21-1184] (LIM) [Entered: 06/24/2021 08:12 AM]
June 23, 2021 Opinion or Order BRIEF tendered by Appellee UniBank for Savings in 19-1990, 21-1184. [19-1990, 21-1184] (GR) [Entered: 06/23/2021 08:55 PM]
June 21, 2021 Opinion or Order DISCLOSURE statement filed by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 06/07/2021. [19-1990, 21-1184] (AVN) [Entered: 06/21/2021 04:19 PM]
June 21, 2021 Opinion or Order APPELLANT'S BRIEF filed by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 06/07/2021. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/28/2021 . Brief due 07/21/2021 for APPELLEES 999 Private Jet, LLC, Edgar Sargsyan, Elina Sargsyan and UniBank for Savings. [19-1990, 21-1184] (AVN) [Entered: 06/21/2021 04:09 PM]
June 21, 2021 Opinion or Order APPENDIX filed by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 06/07/2021. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 06/28/2021. [19-1990, 21-1184] (AVN) [Entered: 06/21/2021 04:20 PM]
June 16, 2021 Opinion or Order ORDER granting motion to withdraw as counsel filed by Appellee UniBank for Savings. [19-1990, 21-1184] (JMK) [Entered: 06/16/2021 10:00 AM]
June 14, 2021 Opinion or Order NOTICE of appearance on behalf of Appellee UniBank for Savings in 21-1184, 19-1990 filed by Attorney Eric Magnuson. Certificate of service dated 06/14/2021. [21-1184, 19-1990] (EPM) [Entered: 06/14/2021 10:01 AM]
June 14, 2021 Opinion or Order NOTICE of appearance on behalf of Appellee UniBank for Savings in 21-1184, 19-1990 filed by Attorney Gabriel Rossman. Certificate of service dated 06/14/2021. [21-1184, 19-1990] (GR) [Entered: 06/14/2021 10:04 AM]
June 14, 2021 Opinion or Order MOTION for Attorney Heather B. Repicky to withdraw as counsel filed by Appellee UniBank for Savings in 19-1990, 21-1184. Certificate of service dated 06/14/2021. [19-1990, 21-1184] (HBR) [Entered: 06/14/2021 02:42 PM]
June 7, 2021 Opinion or Order APPENDIX tendered by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 06/07/2021. [19-1990, 21-1184] CLERK'S NOTE: Docket entry was modified to replace an attachment which corrected a typo. on the front cover of the appendix. (MJG) [Entered: 06/07/2021 09:49 PM]
June 7, 2021 Opinion or Order BRIEF tendered by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. [19-1990, 21-1184] CLERK'S NOTE: Docket entry was modified to replace an attachment which corrected a typo. on the front cover of the brief. (MJG) [Entered: 06/07/2021 09:47 PM]
June 7, 2021 Opinion or Order ORDER directing Appellant SBK Holdings USA, Inc. to file a conforming brief and appendix. Brief and Appendix due 06/14/2021 . [19-1990, 21-1184] (JMK) [Entered: 06/07/2021 01:40 PM]
June 2, 2021 Opinion or Order APPENDIX tendered by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. Certificate of service dated 06/02/2021. [19-1990, 21-1184] (MJG) [Entered: 06/02/2021 08:45 PM]
June 2, 2021 Opinion or Order BRIEF tendered by Appellant SBK Holdings USA, Inc. in 19-1990, 21-1184. [19-1990, 21-1184] (MJG) [Entered: 06/02/2021 08:44 PM]
June 1, 2021 Opinion or Order ORDER directing Appellant SBK Holdings USA, Inc. to file a conforming brief and appendix. Brief and Appendix due 06/08/2021 . [19-1990, 21-1184] (JMK) [Entered: 06/01/2021 04:12 PM]
May 24, 2021 Opinion or Order BRIEF tendered by Appellant SBK Holdings USA, Inc. [19-1990, 21-1184] CLERK'S NOTE: Document should have been filed in additional case 21-1184. Correction made by clerk's office. No further action required. (MJG) [Entered: 05/24/2021 11:44 PM]
May 24, 2021 Opinion or Order APPENDIX tendered by Appellant SBK Holdings USA, Inc. Certificate of service dated 05/24/2021. [19-1990, 21-1184] CLERK'S NOTE: Document should have been filed in additional case 21-1184. Correction made by clerk's office. No further action required. (MJG) [Entered: 05/24/2021 11:47 PM]
April 12, 2021 Opinion or Order ORDER entered: Appeal Nos. 19-1990 and 21-1184 are consolidated for purposes of briefing and oral argument. See Fed. R. App. P. 3(b)(2). The parties are directed to use the above caption on all future filings related to these cases. The briefing schedule in No. 19-1990 is hereby vacated. The clerk will set a new, consolidated briefing schedule. [19-1990, 21-1184] (JMK) [Entered: 04/12/2021 03:35 PM]
April 12, 2021 Opinion or Order BRIEFING schedule set. Brief and Appendix due 05/24/2021 for appellant SBK Holdings USA, Inc. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [19-1990, 21-1184] (JMK) [Entered: 04/12/2021 03:43 PM]
April 5, 2021 Opinion or Order RESPONSE filed by Appellee UniBank for Savings in 19-1990, 21-1184 to motion to consolidate cases [ # 6412890-2 ], motion to consolidate cases [ # 6412754-2 ]. Certificate of service dated 04/05/2021. [19-1990, 21-1184] (HBR) [Entered: 04/05/2021 03:17 PM]
April 1, 2021 Opinion or Order CERTIFICATE of service for certificate of service [ # 6412759-2 ] filed by Appellant SBK Holdings USA, Inc. in 21-1184, 19-1990. Certificate of service dated 03/31/2021. [21-1184, 19-1990] (MJG) [Entered: 04/01/2021 04:11 PM]
March 31, 2021 Opinion or Order MOTION to consolidate cases filed by Appellant SBK Holdings USA, Inc.. Certificate of service dated 03/31/2021. [19-1990, 21-1184] (DO) [Entered: 04/01/2021 11:23 AM]
March 4, 2021 Opinion or Order ORDER entered by William J. Kayatta, Jr., Appellate Judge: In view of the district court's supplemental statement of reasons in support of the entry of judgment pursuant to Fed. R. Civ. P. 54(b), the appeal can proceed in the ordinary course. The parties are directed to address in their merits briefs the propriety of the Rule 54(b) certification. The jurisdictional issue is reserved to the ultimate merits panel. The appellee's motion to dismiss for lack of prosecution is denied, . The appellant is not presently in default of any court-ordered deadline nor was the appellant required to file a second notice of appeal. The clerk's office shall set a briefing schedule in the ordinary course. [19-1990] (CMP) [Entered: 03/04/2021 04:44 PM]
March 4, 2021 Opinion or Order BRIEFING schedule set. Brief due 04/13/2021 for appellant SBK Holdings USA, Inc. Appendix due 04/13/2021 for appellant SBK Holdings USA, Inc.. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [19-1990] (CMP) [Entered: 03/04/2021 04:47 PM]
March 2, 2021 Opinion or Order LETTER regarding Response to Appellee UniBank for Savings' Letter re Expiration of Stay filed by Attorney Mark J. Geragos for Appellant SBK Holdings USA, Inc.. Certificate of service dated 03/02/2021. [19-1990] (MJG) [Entered: 03/02/2021 08:50 PM]
March 2, 2021 Opinion or Order LETTER regarding Expiration of Stay filed by Attorney Heather B. Repicky for Appellee UniBank for Savings. Certificate of service dated 03/02/2021. [19-1990] (HBR) [Entered: 03/02/2021 10:06 AM]
February 4, 2021 Opinion or Order SECOND SUPPLEMENTAL record filed. Docket entries: District Court Dkt No. 56. [19-1990] (GB) [Entered: 02/04/2021 02:13 PM]
December 14, 2020 Opinion or Order ORDER entered by Jeffrey R. Howard, Chief Appellate Judge. In view of the district court's order dated December 1, 2020, appellate proceedings are stayed for 45 days from the date of this order. See Com. of Puerto Rico v. SS Zoe Colocotroni , 601 F.2d 39, 42 & n.3 (1st Cir. 1979); Fed. R. Civ. P. 62.1. If the district court decides that it would grant the Rule 60(b) motion or that the motion raises a substantial issue, the court should issue an indicative ruling pursuant to Fed. R. Civ. P. 62.1. [19-1990] (GB) [Entered: 12/14/2020 06:09 PM]
December 2, 2020 Opinion or Order SUPPLEMENTAL record filed. Docket entries: District Cout Dkt No. 53. [19-1990] (GB) [Entered: 12/02/2020 03:52 PM]
November 2, 2020 Opinion or Order ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Plaintiff-intervenor/appellant SBK Holdings USA, Inc. has responded to this court's show-cause order questioning appellate jurisdiction. Appellant responds that the district court entered partial judgment on November 20, 2019 (D.E. 46), pursuant to Fed. R. Civ. P. 54(b). We note, however, that the district court granted the parties' joint motion for entry of partial judgment under Rule 54(b) in an electronic order without elaboration. Consequently, we retain jurisdiction but remand to the district court for an express determination that "there is no just reason for delay" and a statement of reasons in support of the entry of judgment pursuant to Fed. R. Civ. P. 54(b). The district court is requested to furnish its reasons within thirty days of the date of this order. [19-1990] (GB) [Entered: 11/02/2020 06:01 AM]
October 29, 2020 Opinion or Order NOTICE of appearance on behalf of Appellee UniBank for Savings filed by Attorney Heather B. Repicky. Certificate of service dated 10/29/2020. [19-1990] (HBR) [Entered: 10/29/2020 11:43 AM]
October 29, 2020 Opinion or Order MOTION to dismiss case filed by Appellee UniBank for Savings. Certificate of service dated 10/29/2020. [19-1990] (HBR) [Entered: 10/29/2020 12:16 PM]
October 29, 2020 Opinion or Order AFFIDAVIT in support of motion to dismiss case [ # 6378066-2 ] filed by Appellee UniBank for Savings. Certificate of service dated 10/29/2020. [19-1990] (HBR) [Entered: 10/29/2020 12:24 PM]
December 2, 2019 Opinion or Order ORDER entered: Upon consideration of motion, appellant SBK Holdings USA, Inc.'s motion to extend time to respond to the court's November 4, 2019 show cause order is granted. Appellant SBK Holdings USA, Inc.'s motion is allowed nunc pro tunc. [19-1990] (GB) [Entered: 12/02/2019 06:53 PM]
November 25, 2019 RESPONSE filed by Appellant SBK Holdings USA, Inc. to order [ # 6294619-2 ]. Certificate of service dated 11/25/2019. [19-1990] (MJG) [Entered: 11/25/2019 04:11 PM]
November 18, 2019 MOTION to extend time to respond to show cause order and RESPONSE to order for lack of jurisdiction [ # 6294619-2 ] filed by Appellant SBK Holdings USA, Inc. Certificate of service dated 11/18/2019. [19-1990] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (MJG) [Entered: 11/18/2019 09:38 PM]
November 5, 2019 NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Sally P. McDonald for SBK Holdings USA, Inc. [19-1990] (GB) [Entered: 11/05/2019 07:23 AM]
November 4, 2019 Opinion or Order ORDER to Show Cause entered: Intervenor-appellant SBK Holdings USA, Inc. is ordered to either: (i) move for voluntary dismissal of this appeal pursuant to Fed. R. App. P. 42(b); or (ii) show cause, in writing, no later than November 18, 2019 , why this appeal should not be dismissed for lack of jurisdiction. The failure to take either action will lead to the dismissal of this appeal for lack of diligent prosecution. [19-1990] (GB) [Entered: 11/04/2019 09:08 AM]
October 21, 2019 NOTICE issued. After 11/04/2019, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Richard S. Humphrey for SBK Holdings USA, Inc. and Sally P. McDonald for SBK Holdings USA, Inc.. [19-1990] (GB) [Entered: 10/21/2019 11:18 AM]
October 18, 2019 DOCKETING statement filed by Appellant SBK Holdings USA, Inc.. Certificate of service dated 10/18/2019. [19-1990] (MJG) [Entered: 10/18/2019 10:08 AM]
October 18, 2019 TRANSCRIPT report/order form filed by Appellant SBK Holdings USA, Inc. indicating all necessary transcripts have already been filed in district court. Certificate of service dated 10/18/2019. [19-1990] (MJG) [Entered: 10/18/2019 10:10 AM]
October 18, 2019 CORPORATE disclosure statement filed by Appellant SBK Holdings USA, Inc.. Certificate of service dated 10/18/2019. [19-1990] (MJG) [Entered: 10/18/2019 10:13 AM]
October 17, 2019 NOTICE of appearance on behalf of Appellant SBK Holdings USA, Inc. filed by Attorney Mark J. Geragos. Certificate of service dated 10/17/2019. [19-1990] (MJG) [Entered: 10/17/2019 02:32 PM]
October 4, 2019 CIVIL CASE docketed. Notice of appeal (doc. #41) filed by Appellant SBK Holdings USA, Inc.. Appearance form, Docketing Statement and Transcript Report/Order form due 10/18/2019 . [19-1990] (GB) [Entered: 10/04/2019 01:21 PM]

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Plaintiff / appellee: UNIBANK FOR SAVINGS
Represented By: Robert B. Gibbons
Represented By: John Gregory Loughnane
Represented By: Eric Peter Magnuson
Represented By: Gabriel Rossman
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Interested party: SBK HOLDINGS USA, INC.
Represented By: Richard S. Humphrey
Represented By: Sally P. McDonald
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Defendant / appellee: EDGAR SARGSYAN
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Defendant / appellee: ELINA SARGSYAN
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Defendant / appellee: 999 PRIVATE JET, LLC
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