John Priester, Jr., et al v. Long Beach Mortgage Co., et al
| JOHN PRIESTER, JR. and BETTIE PRIESTER |
| SELECT PORTFOLIO SERVICES, INCORPORATED and DEUTSCHE BANK NATIONAL TRUST COMPANY |
| 19-40158 |
| February 27, 2019 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| John Priester, Jr., et al v. Long Beach Mortgage C |
Docket Report
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This docket was last retrieved on April 26, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| APPEARANCE FORM FILED by Attorney(s) Matt Delmore Manning for party(s) Appellee Deutsche Bank National Trust Company Appellee Select Portfolio Services, Incorporated, in case 19-40158 [19-40158] (CB) [Entered: 04/26/2019 11:45 AM] |
| APPEARANCE FORM FILED by Attorney(s) Thomas Mott Hanson for party(s) Appellee Deutsche Bank National Trust Company Appellee Select Portfolio Services, Incorporated, in case 19-40158 [19-40158] (CB) [Entered: 04/26/2019 11:44 AM] |
| APPEARANCE FORM FILED by Attorney(s) Matthew A. Knox for party(s) Appellee Deutsche Bank National Trust Company Appellee Select Portfolio Services, Incorporated, in case 19-40158 [19-40158] (DMS) [Entered: 04/26/2019 03:42 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-40158] (Matthew A. Knox ) [Entered: 04/25/2019 10:50 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-40158] (Thomas Mott Hanson ) [Entered: 04/24/2019 03:26 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-40158] (Matt Delmore Manning ) [Entered: 04/24/2019 04:03 PM] |
| COURT REPORTER ACKNOWLEDGMENT received from Jan Mason. [19-40158] (Jan Mason ) [Entered: 04/04/2019 08:41 AM] |
| DISTRICT COURT ORDER of 03/30/2019 granting IFP for Appellants Ms. Bettie Priester and Mr. John Priester, Jr.. [19-40158] (DMS) [Entered: 04/04/2019 03:41 PM] |
| Supplemental ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 4:16-CV-449. Supplemental Electronic ROA due on 04/19/2019. [19-40158] (DMS) [Entered: 04/04/2019 03:43 PM] |
| ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? Yes. Electronic ROA deadline satisfied. [19-40158] (DDL) [Entered: 03/29/2019 12:42 PM] |
| COURT ORDER filed that appellants' unopposed motion for clarification of the Court's order of March 1, 2019, is GRANTED IN PART. Based on the representations of the Appellants that the issues in 18-40127 and 19-40158 were related to the extent that the cases should be consolidated, this court granted the motion to consolidate. However, the court did not intend for the consolidation to delay unduly the resolution of the issues in 18-40127. In light of the recent filings by Appellants, it appears that Appellants do seek to delay the briefing in 18-40127 for a considerable period of time. IT IS ACCORDINGLY ORDERED that the order granting consolidation of 18-40127 and 19-40158 is WITHDRAWN. The briefing schedule in 18-40127 was not changed by the now withdrawn order of consolidation, and the briefing schedule in 18-40127 remains in place [ # 9000753-2 ] [ # 9000753-3 ] [ # 9000753-2 ], [ # 9000753-3 ]. [9012810-2] [9012810-2] [18-40127, 19-40158] (DMS) [Entered: 03/25/2019 10:57 AM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the paper copies of appellants' brief because the briefs are premature. The electronic version of the briefs has not yet been made sufficient. [18-40127, 19-40158] (SBS) [Entered: 03/21/2019 11:38 AM] |
| Paper copies of Record Excerpts filed by Appellants Mr. John Priester, Jr. and Ms. Bettie Priester in 18-40127, 19-40158 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [18-40127, 19-40158] (SRF) [Entered: 03/22/2019 09:40 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 4:16-CV-449. Electronic ROA due on 03/27/2019. [19-40158, 18-40127] (DMS) [Entered: 03/12/2019 12:40 PM] |
| TRANSCRIPT ORDER received from Appellants Ms. Bettie Priester and Mr. John Priester, Jr. in 19-40158 advising transcript unnecessary as it is already filed. Transcript Order ddl satisfied [18-40127, 19-40158] (DMS) [Entered: 03/12/2019 12:39 PM] |
| Attorney Mr. James C. Mosser for Appellants Mr. John Priester, Jr. and Ms. Bettie Priester in 19-40158 is advised to resubmit an appearance form. Reason: The submitted appearance form does not match the registered attorney. [19-40158, 18-40127] (LBM) [Entered: 03/12/2019 12:33 PM] |
| APPEARANCE FORM FILED by Attorney Nicholas Dupont Mosser for Appellant Bettie Priester in 19-40158, Attorney Nicholas Dupont Mosser for Appellant John Priester Jr. in 19-40158 [19-40158, 18-40127] (DMS) [Entered: 03/12/2019 10:59 AM] |
| PROPOSED SUFFICIENT BRIEF filed by Appellants Mr. John Priester, Jr. and Ms. Bettie Priester in 18-40127 [ # 8996323-2 ] Brief has been deemed insufficient. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief deadline satisfied. Sufficient Brief deadline updated to 04/09/2019 for Appellants Bettie Priester and John Priester Jr. [18-40127, 19-40158] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PROPOSED SUFFICIENT BRIEF filed by Appellants Ms. Bettie Priester and Mr. John Priester, Jr. in 18-40127, 19-40158 [ # 8996323-2 ] Date of service: 03/12/2019 via email - Attorney for Appellees: Barreneche, Hanson, Manning, McCain, Seewald; Attorney for Appellants: Mosser, Mosser [18-40127, 19-40158] (Nicholas Dupont Mosser ) [Entered: 03/12/2019 10:57 AM] |
| UPDATED CASE PROCESSING NOTICE sent. [19-40158, 18-40127] (DMS) [Entered: 03/12/2019 10:59 AM] |
| ATTORNEY TRANSCRIPT ORDER form filed by Appellants Ms. Bettie Priester and Mr. John Priester, Jr. in 18-40127, 19-40158for the Court to process. Date of service: 03/12/2019 via email - Attorney for Appellees: Barreneche, Hanson, Manning, McCain, Seewald; Attorney for Appellants: Mosser, Mosser. [18-40127, 19-40158] (Nicholas Dupont Mosser ) [Entered: 03/12/2019 11:46 AM] |
| PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Mr. John Priester, Jr. and Ms. Bettie Priester in 18-40127, 19-40158 [ # 9001689-2 ] Record Excerpts have been deemed sufficient. Sufficient Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 03/18/2019 for Appellants Bettie Priester and John Priester Jr.. [18-40127, 19-40158] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Ms. Bettie Priester and Mr. John Priester, Jr. in 18-40127, 19-40158 [ # 9001689-2 ] Date of service: 03/12/2019 via email - Attorney for Appellees: Barreneche, Hanson, Manning, McCain, Seewald; Attorney for Appellants: Mosser, Mosser [18-40127, 19-40158] (Nicholas Dupont Mosser ) [Entered: 03/12/2019 12:28 PM] |
| RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require SEE ATTACHED LETTER FOR INSUFFICIENCIES. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Record Excerpts deadline satisfied. Sufficient Record Excerpts due on 03/26/2019 for Appellants Bettie Priester and John Priester Jr. [18-40127, 19-40158] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Ms. Bettie Priester and Mr. John Priester, Jr. in 18-40127, 19-40158. Date of service: 03/11/2019 via email - Attorney for Appellees: Barreneche, Hanson, Manning, McCain, Seewald; Attorney for Appellants: Mosser, Mosser [18-40127, 19-40158] (Nicholas Dupont Mosser ) [Entered: 03/11/2019 01:23 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Appellants Mr. John Priester, Jr. and Ms. Bettie Priester in 18-40127 [ # 8996323-2 ] Brief has been deemed insufficient. SEE ATTACHED LETTER FOR DEFICIENCIES. Sufficient Brief deadline satisfied. Sufficient Brief deadline updated to 03/26/2019 for Appellants Bettie Priester and John Priester Jr. [18-40127, 19-40158] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PROPOSED SUFFICIENT BRIEF filed by Appellants Ms. Bettie Priester and Mr. John Priester, Jr. in 18-40127, 19-40158 [ # 8996323-2 ] Date of service: 03/11/2019 via email - Attorney for Appellees: Barreneche, Hanson, Manning, McCain, Seewald; Attorney for Appellants: Mosser, Mosser [18-40127, 19-40158] (Nicholas Dupont Mosser ) [Entered: 03/11/2019 01:17 PM] |
| APPEARANCE FORM received from Mr. Nicholas Dupont Mosser, Esq. for Ms. Bettie Priester and Mr. John Priester, Jr. in 19-40158, Mr. Nicholas Dupont Mosser, Esq. for Mr. John Priester, Jr. and Ms. Bettie Priester in 18-40127 for the court's review. Lead Counsel? Yes. [19-40158, 18-40127] (Nicholas Dupont Mosser ) [Entered: 03/08/2019 03:26 PM] |
| UNOPPOSED MOTION to clarify order; to file brief 60 days after the electronic record on appeal is filed [9000753-3]. Date of service: 03/08/2019 [19-40158, 18-40127] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellants Ms. Bettie Priester and Mr. John Priester, Jr. in 19-40158, 18-40127 to clarify opinion [9000753-2], to extend time to file brief as appellant until 05/15/2019 [9000753-3]. Date of service: 03/08/2019 via email - Attorney for Appellees: Barreneche, Hanson, Manning, McCain, Seewald; Attorney for Appellants: Mosser, Mosser [19-40158, 18-40127] (Nicholas Dupont Mosser ) [Entered: 03/08/2019 03:19 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-40158, 18-40127] (Nicholas Dupont Mosser ) [Entered: 03/08/2019 03:33 PM] |
| THE PORTION OF THE ORDER GRANTING CONSOLIDATION ONLY, IS WITHDRAWN AS OF 3/25/19. COURT ORDER filed that appellants' unopposed re-urged motion to consolidate appeal number 18-40127, with appeal number 19-40158, John Priester, Jr. et al v. Long Beach Mortgage Co., et al, 4:16-CV-449, is GRANTED. IT IS FURTHER ORDERED that appellants' opposed re-urged motion to suspend the briefing notice in appeal number 18-40127, is DENIED. IT IS FURTHER ORDERED that to the extent supplemental briefing is necessary to address factual or legal issues in 19-40158 that differ from those in 18-40127, appellants may file such supplemental briefing on or before March 15, 2019. Appellees may respond to such supplemental briefing on or before April 1, 2019. [ # 8994592-2 ] [ # 8994592-4 ] [8996081-2] [8996081-2] [18-40127, 19-40158] (DMS) [Entered: 03/01/2019 12:10 PM] |
| SUFFICIENT APPELLANT'S BRIEF FILED Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief deadline satisfied. Sufficient Brief due on 03/29/2019 for Appellants Bettie Priester and John Priester Jr.. [18-40127, 19-40158] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED # of Copies Provided: 0 Record Excerpts due on 03/22/2019 for Appellants Bettie Priester and John Priester Jr. [18-40127, 19-40158] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED Brief NOT Sufficient as it requires a cover w/ Caption corrected. Additionally the Brief requires Brief type on cover to say Appellant's Brief, Statement of the Facts to be changed to Statement of the Case, Statement of the Issues to be double spaced, record on appeal citations to be in correct format. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Sufficient Brief due on 03/22/2019 for Appellants Bettie Priester and John Priester Jr.. [18-40127, 19-40158] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Ms. Bettie Priester and Mr. John Priester, Jr. in 18-40127, 19-40158. Date of service: 03/01/2019 via email - Attorney for Appellees: Barreneche, Hanson, Manning, McCain, Seewald; Attorney for Appellants: Mosser, Mosser [18-40127, 19-40158] (Nicholas Dupont Mosser ) [Entered: 03/01/2019 02:39 PM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Appendix because Record Excerpts are required.[18-40127, 19-40158] (CAS) [Entered: 03/09/2019 08:18 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [8995421-2] Initial AA Check Due satisfied. [19-40158] (DMS) [Entered: 02/28/2019 03:01 PM] |
| PRIVATE CIVIL DIVERSITY CASE docketed. NOA filed by Appellants Ms. Bettie Priester and Mr. John Priester, Jr. [19-40158] (AS) [Entered: 02/27/2019 11:05 AM] |
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