Ava Teverbaugh v. First Guaranty Mortgage Corp., et al
| AVA TEVERBAUGH |
| FIRST GUARANTY MORTGAGE CORP., RUSHMORE LOAN MANAGEMENT SERVICE and FAY SERVICING, LLC |
| 19-2624 |
| August 21, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 11, 2019. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: On consideration of the Brief Memorandum filed by appellant on September 10, 2019, IT IS ORDERED that this appeal shall proceed to a ruling on appellants motion to proceed in forma pauperis. Briefing in this appeal shall continue to be SUSPENDED until further court order. DW [7029525] [19-2624] (VG) [Entered: 09/11/2019 11:34 AM]
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| Filing 11 Brief memorandum filed by Appellant Ava Teverbaugh. [11] [7029287] [19-2624] (AG) [Entered: 09/10/2019 12:53 PM] |
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Filing 10
ORDER re: Motion to request permission to e-file. [ # 8 ] The motion is DENIED without prejudice to renewal once the appellant's fee status has been determined and this court issues a briefing order. CMD [10] [7029002] [19-2624] (PS) [Entered: 09/09/2019 03:20 PM]
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| Filing 9 Prose motion filed by Appellant Ava Teverbaugh to proceed on appeal in forma pauperis. [9] [7028339] [19-2624] (ER) [Entered: 09/05/2019 03:49 PM] |
| Filing 8 Pro se motion filed by Appellant Ava Teverbaugh to become an electronic filer. [8] [7028338] [19-2624] (ER) [Entered: 09/05/2019 03:47 PM] |
| Filing 7 Filed notice of change of address for Ave Teverbaugh. [7] [7028334] [19-2624] (ER) [Entered: 09/05/2019 03:46 PM] |
| Filing 6 Docketing Statement filed by Appellant Ava Teverbaugh. Prior or Related proceedings: No. [6] [7028104] [19-2624] (AD) [Entered: 09/05/2019 09:52 AM] |
| Filing 5 Filed District Court Order: The status hearing of 09/19/2019 is VACATED. The motion [29] to continue the status hearing is terminated as unnecessary. Lastly, Teverbaugh has filed a motion to appeal [22] in forma pauperis. It might be that Teverbaugh qualifies financially, although it is worth questioning how her living expenses are provided in light of the zero income (even public assistance) that she reports. More importantly, however, under 28 U.S.C. 1915(a)(3), an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. If the basis of the appeal is frivolous, meaning that no reasonable person could believe that the suit has merit, Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000), then the appeal is not taken in good faith (even if the appellant subjectively believes in the appeals merits). Here, no one can reasonably question that the notices that allegedly comprise the written agreement are frivolous. The motion to proceed in forma pauperis on appeal is denied. (See order for further details). Date IFP denied: 08/30/2019. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 09/30/2019 for Appellant Ava Teverbaugh. [7027196] [5] [7027196] [19-2624] (MM) [Entered: 08/30/2019 11:36 AM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan D. Nusgart for Appellees Fay Servicing, LLC and First Guaranty Mortgage Corp.. [4] [7026379] (L-Yes; E-Yes; R-No) [19-2624] (Nusgart, Jonathan) [Entered: 08/27/2019 04:26 PM] |
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Filing 3
ORDER: Ava Teverbaugh shall file, on or before 09/10/2019, a brief memorandum stating why this appeal should not be STAYED pending the entry of the order disposing of the motion. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall be SUSPENDED pending further court order. (See order for further details). DW [7026089] [3] [7026089] [19-2624] (MM) [Entered: 08/27/2019 08:46 AM]
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| Filing 2 No attorney(s) added for Appellee Rushmore Loan Management Service, per District Court docket and information sheet. [2] [7025227] [19-2624] (AP) [Entered: 08/22/2019 11:54 AM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing Statement due for Appellant Ava Teverbaugh by 08/27/2019. Transcript information sheet due by 09/04/2019. [1] [7025130] [19-2624] (AP) [Entered: 08/22/2019 09:36 AM] |
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