Flagstar Bank, FSB v. Kozak
| FLAGSTAR BANK and FLAGSTAR BANK, FSB |
| PEGGY J. KOZAK |
| 23-1375 |
| April 26, 2023 |
| U.S. Court of Appeals, First Circuit |
| Foreclosure |
Docket Report
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| NOTICE of default issued. Appellant failed to file a transcript report/order form by the deadline. If transcripts are necessary for this appeal, appellant is directed to file a transcript order form by 07/07/2023. Absent a timely response, this court will set a briefing schedule, if appropriate. [23-1375] (GRC) [Entered: 06/23/2023 04:14 PM] |
| NOTICE of default and intent to dismiss issued: By order entered June 1, 2023, Appellant Peggy N. Kozak was ordered to file a signed copy of the notice of appeal on or before June 15, 2023. A copy of the June 1, 2023 order and the attachment (notice of appeal) to that order is attached to this order. Appellant has not filed the signed copy of the notice of appeal that was due on June 15, 2023 and therefore, is in default. Failure to file a signed copy of the notice of appeal on or before July 3, 2023 will lead to dismissal of this appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [23-1375] (GRC) [Entered: 06/22/2023 05:05 PM] |
ORDER entered: Upon consideration, Appellant Peggy J. Kozak's motion to accept late memorandum is construed as a motion for leave to file instanter a response to this Court's June 1, 2023 order to show cause, and is allowed. Appellant's response to the order to show cause is accepted for filing on this date. [23-1375] (GRC) [Entered: 06/22/2023 05:08 PM]
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| MOTION for leave to file document instanter filed by Appellant Peggy J. Kozak. [23-1375] (GRC) [Entered: 06/20/2023 04:43 PM] |
| Memorandum in response to District court order filed by Appellant Peggy J. Kozak. [23-1375] (GRC) [Entered: 06/20/2023 04:37 PM] |
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ORDER to Show Cause entered: Appellant is ordered to either move for voluntary dismissal pursuant to Fed. R. App. P. 42(b) or to show cause in writing ( less than ten (10) pages ) why this appeal should not be dismissed for the defects noted above. Failure to take either action by June 15, 2023 , may result in dismissal of the appeal for want of diligent prosecution. See 1st Cir. R. 3.0(b). Finally, we also note that the notice of appeal was unsigned. While Fed. R. Civ. P. 11(a) and Fed. R. App. P. 1(a)(2) require that a notice of appeal be signed by an attorney or pro se party, this requirement is not jurisdictional and may be cured. See Becker v. Montgomery , 532 U.S. 757, 757 (2001) (holding that the signature requirement on a notice of appeal is not jurisdictional and may be cured). Accordingly, we transmit the notice of appeal to defendant-appellant Peggy J. Kozak and direct that appellant return a signed copy to this court. The failure by appellant to return a signed copy of the notice of appeal on or before June 15, 2023 may lead to dismissal of the appeal for lack of diligent prosecution. See 1st Cir. R. 3.0(b). [23-1375] (GRC) [Entered: 06/01/2023 04:36 PM]
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| SUPPLEMENTAL record filed. Docket entry: 105 (memo of decision and order). [23-1375] (GRC) [Entered: 05/18/2023 10:21 AM] |
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ORDER granting motion to extend time to file opening forms filed by Appellant Peggy J. Kozak. Transcript report/order form due 06/16/2023. [23-1375] (GRC) [Entered: 05/16/2023 03:19 PM]
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| MOTION to extend time to file a transcript report/order form filed by Appellant Peggy J. Kozak. Certificate of service was not included. [23-1375] (GRC) [Entered: 05/15/2023 05:36 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #98) filed by Appellant Peggy J. Kozak. Transcript Report/Order form due 05/10/2023. [23-1375] (GRC) [Entered: 04/26/2023 05:05 PM] |
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