In re: William A. Leonard, Jr., et al v. Edward Bayuk, et al
| In re: PAUL A. MORABITO, U.S. Bankruptcy Court, District of Nevada, Case No. 13-51237-GWZ and WILLIAM A. LEONARD, JR., as Chapter 7 Trustee in the Chapter 7 bankruptcy case captioned In re: Paul A. Morabito, U.S. Bankruptcy Court, District of Nevada, Case No. 13-51237-GWZ |
| EDWARD BAYUK and MAXTMAX LLC |
| 25-2814 |
| September 17, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other Real Property Actions |
Docket Report
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Filing 11
ORDER (SHWARTZ, FREEMAN and CHUNG, Circuit Judges) In this pro se appeal, Appellant challenges the District Court's July 15, 2025 order. Generally, a notice of appeal in a case like this one must be filed within 30 days of the entry of the order being appealed. This time limit is jurisdictional. Appellant filed a notice of appeal on September 16, 2025, and it appears that the notice of appeal is untimely. However, it also appears that the Appellant filed a document on August 22, 2025, see ECF No. 62 at 2, which might be construed as a notice of appeal and as a timely motion to extend the time to appeal under Federal Rule of Appellate Procedure 4(a)(5). We hereby remand this case to the District Court for the limited purpose of considering whether , in its discretion, the Appellant is entitled to relief under Federal Rule of Appellate Procedure 4(a)(5). We otherwise retain jurisdiction over this appeal, and we will hold this appeal in abeyance pending the District Court's consideration of the August 22, 2025 letter. Either party may timely appeal from the District Court's disposition if it disagrees with the outcome. See Amatangelo v. Borough of Donora, 212 F.3d 776, 780 (3d Cir. 2000). Panel No.: ALD-075. Shwartz, Authoring Judge. (TMM) [Entered: 02/04/2026 10:52 AM]
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| Filing 10 Document by Appellant Edward Bayuk for the Court's Information. (TMM) [Entered: 12/04/2025 03:00 PM] |
| Filing 9 Document In Support of Appeal filed by Appellant William A. Leonard, Jr.. (TMM) [Entered: 11/13/2025 10:27 AM] |
| Filing 8 ECF FILER: LETTER RESPONSE by Appellee William A. Leonard, Jr. to letter advising of possible dismissal. Certificate of Service dated 10/24/2025. Service made by US mail, Email. [25-2814]--[Edited 10/24/2025 by TMM] (TSC) [Entered: 10/24/2025 01:58 PM] |
| Filing 7 RESPONSE on behalf of Appellant Edward Bayuk to letter advising of possible dismissal [ # 5 ]. Certificate of Service dated 10/15/2025. Service made by US mail. (TMM) [Entered: 10/20/2025 02:34 PM] |
| Filing 6 Notice received from the district court that the docketing and filing fees were paid by the appellant on 09/29/2025. (TMM) [Entered: 09/30/2025 11:00 AM] |
| Filing 5 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (ZM) [Entered: 09/22/2025 04:06 PM] |
| Filing 4 Certified copy of duplicate notice of appeal filed in the district court received. (TMM) [Entered: 09/19/2025 04:59 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (TMM) [Entered: 09/17/2025 11:52 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (TMM) [Entered: 09/17/2025 11:49 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Edward Bayuk in District Court No. 1:23-cv-21314. (TMM) [Entered: 09/17/2025 11:45 AM] |
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| Plaintiff: In re: PAUL A. MORABITO, U.S. Bankruptcy Court, District of Nevada, Case No. 13-51237-GWZ | |
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| Plaintiff: WILLIAM A. LEONARD, JR., as Chapter 7 Trustee in the Chapter 7 bankruptcy case captioned In re: Paul A. Morabito, U.S. Bankruptcy Court, District of Nevada, Case No. 13-51237-GWZ | |
| Represented By: | Tod S. Chasin Esq. I |
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| Defendant: EDWARD BAYUK | |
| Represented By: | Edward Bayuk |
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| Defendant: MAXTMAX LLC | |
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