SEC, et al v. Citibank, N.A., et al
| CITIBANK, N.A., as Trustee for the registered holders of Wells Fargo Commercial Mortgage Securities Inc.Multi - Mortgage pass through certificate series 2018-SB14 |
| KEVIN B. DUFF, as Receiver |
| FEDERAL NATIONAL MORTGAGE ASSOCIATION |
| SECURITIES AND EXCHANGE COMMISSION |
| 20-3114 |
| October 28, 2020 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 28
ORDER: Under 28 U.S.C. 1292(a)(2) a court of appeals has jurisdiction of appeals from Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property. Appellants appeal from the district courts October 26, 2020, order granting the receivers ninth motion to confirm the sale of certain real estate and for the avoidance of certain mortgages, liens, claims and encumbrances. That order does not fall within the scope of 1292(a)(2). See United States v. Antiques Ltd. Pship, 760 F.3d 668, 671 (7th Cir. 2014). Therefore, IT IS ORDERED that the motion to dismiss is GRANTED and the appeal is DISMISSED for lack of jurisdiction. [ # 15 ]. Frank H. Easterbrook, Circuit Judge; Michael S. Kanne, Circuit Judge and Diane P. Wood, Circuit Judge. [28] [7127753] [20-3114] (ER) [Entered: 12/11/2020 09:03 AM]
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| Filing 27 Motion filed by Appellant Ventus Holdings, LLC in 20-3155 to extend time to file appellant brief. [27] [7127274] [20-3155, 20-3114] (Elman, Michael) [Entered: 12/09/2020 01:56 PM] |
| Filing 26 Filed Reply by Appellee Kevin B. Duff in 20-3114 to Receiver's Reply Brief in Support of Motion to Dismiss. [26][7126556] [20-3114, 20-3155] (Rachlis, Michael) [Entered: 12/07/2020 09:15 PM] |
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Filing 25
Order issued GRANTING motion to extend time to file appellant's brief [ # 24 ] Appellant's brief due on or before 01/20/2021 for Citibank, N.A. and Federal National Mortgage Association. Appellee's brief due on or before 02/19/2021 for Kevin B. Duff and Securities and Exchange Commission. Appellant's reply brief, if any, is due on or before 03/12/2021 for Appellants Citibank, N.A. and Federal National Mortgage Association SCR [25] [7125672] [20-3114] (AP) [Entered: 12/03/2020 03:00 PM]
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| Filing 24 Motion filed by Appellants Citibank, N.A. and FNMA in 20-3114 to extend time to file appellant brief. [24] [7125570] [20-3114, 20-3155] (McKenna, William) [Entered: 12/03/2020 11:30 AM] |
| Filing 23 Filed Statement by Appellant Ventus Holdings, LLC in 20-3155 of the Issues. [23][7124615] [20-3155, 20-3114] (Elman, Michael) [Entered: 11/30/2020 03:35 PM] |
| Filing 22 Filed Response in Opposition by Appellants Citibank, N.A. and FNMA to Appellee-Receiver's Motion to Dismiss Appeal. [22][7124521] [20-3114] (McKenna, William) [Entered: 11/30/2020 01:41 PM] |
| Filing 21 Filed Joinder by Appellee SEC to Receiver's Motion to Dismiss. [21][7124300] [20-3114] (Bowers, John) [Entered: 11/27/2020 12:01 PM] |
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Filing 20
ORDER re: Receiver's motion to dismiss. [ # 15 ] Appellants shall file a response to the motion by November 30, 2020. TDK [20] [7122595] [20-3114] (PS) [Entered: 11/18/2020 02:58 PM]
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| Filing 19 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William J. McKenna for Appellant FNMA. [19] [7122275] (L-Yes; E-Yes; R-No) [20-3114] (McKenna, William) [Entered: 11/17/2020 02:02 PM] |
| Filing 18 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William J. McKenna, Jr. for Appellant Citibank, N.A.. [18] [7122274] (L-Yes; E-Yes; R-No) [20-3114] (McKenna, William) [Entered: 11/17/2020 02:00 PM] |
| Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William J. McKenna, Jr. for Appellant FNMA. [17] [7122261] (L-Yes; E-Yes; R-No) [20-3114] (McKenna, William) [Entered: 11/17/2020 01:22 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William J. McKenna, Jr. for Appellant Citibank, N.A. in 20-3114. [16] [7122260] (L-Yes; E-Yes; R-No) [20-3114, 20-3155] (McKenna, William) [Entered: 11/17/2020 01:17 PM] |
| Filing 15 Motion filed by Appellee Kevin B. Duff to dismiss case. [15] [7122092] [20-3114] (Rachlis, Michael) [Entered: 11/16/2020 08:20 PM] |
| Filing 14 Docketing Statement filed by Appellee Kevin B. Duff. Prior or Related proceedings: No. [14] [7122091] [20-3114] (Rachlis, Michael) [Entered: 11/16/2020 08:17 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael Rachlis for Appellee Kevin B. Duff. [13] [7122090] (L-Yes; E-Yes; R-No) [20-3114] (Rachlis, Michael) [Entered: 11/16/2020 08:13 PM] |
| Filing 12 Filed Seventh Circuit Transcript Information Sheet by Appellants FNMA and Citibank, N.A.. [12] [7122081] [20-3114] (McKenna, William) [Entered: 11/16/2020 04:49 PM] |
| Filing 11 Filed Seventh Circuit Transcript Information Sheet by Appellants FNMA and Citibank, N.A.. [11] [7122069] [20-3114] (McKenna, William) [Entered: 11/16/2020 04:18 PM] |
| Filing 10 Filed Seventh Circuit Transcript Information Sheets by Appellants Citibank, N.A. and FNMA. [10] [7121490] [20-3114] (JR) [Entered: 11/13/2020 09:34 AM] |
| Filing 9 Filed Seventh Circuit Transcript Information Sheet Statement of Issues by Appellants Citibank, N.A. and FNMA. [9] [7121042] [20-3114]--[Edited 11/12/2020 by AG to reflect correct document filed] (McKenna, William) [Entered: 11/10/2020 09:14 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William J. McKenna for Appellants FNMA and Citibank, N.A.. [8] [7121041] (L-Yes; E-Yes; R-No) [20-3114] (McKenna, William) [Entered: 11/10/2020 09:12 PM] |
| Filing 7 Appearance and Circuit Rule 26.1 Disclosure Statement form filed by Attorney John J. Bowers for Appellee SEC. [7] [7120785] (L-Yes; E-Yes; R-No) [20-3114]--[Edited 11/10/2020 by MM to correct type of filing and to reflect addition of counsel.] (Bowers, John) [Entered: 11/10/2020 10:51 AM] |
| Filing 6 Appearance form filed by Attorney Morgan Bradylyons for Appellee SEC in 20-3155, 20-3114. [6] [7120440] (L-No; E-Yes; R-No) [20-3155, 20-3114] (Bradylyons, Morgan) [Entered: 11/09/2020 12:53 PM] |
| Filing 5 Appearance form filed by Attorney Morgan Bradylyons for Appellee SEC in 20-3114, 20-3155. [5] [7120419] (L-No; E-Yes; R-No) [20-3114, 20-3155] [Edited 11/09/2020 by CG to reflect the addition of counsel.] (Bradylyons, Morgan) [Entered: 11/09/2020 12:12 PM] |
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Filing 4
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 12/21/2020 for Citibank, N.A. and Federal National Mortgage Association. Appellee's brief due on or before 01/20/2021 for Kevin B. Duff and Securities and Exchange Commission. Appellant's reply brief, if any, is due on or before 02/10/2021 for Appellants Citibank, N.A. and Federal National Mortgage Association. RJS [7120377] [20-3114] (FP) [Entered: 11/09/2020 10:55 AM]
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| Filing 3 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Friday, November 20, 2020 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS. [3] [7120294] [20-3114] (FP) [Entered: 11/09/2020 08:44 AM] |
| Filing 2 Docketing Statement filed by Appellants Citibank, N.A. and FNMA. Prior or Related proceedings: No. [2] [7119207] [20-3114] (McKenna, William) [Entered: 11/03/2020 11:26 AM] |
| Filing 1 U.S. civil case docketed. Fee paid. Docketing Statement due for Appellants Citibank, N.A. and Federal National Mortgage Association by 11/03/2020. Transcript information sheet due by 11/12/2020. Appellant's brief due on or before 12/07/2020 for Citibank, N.A. and Federal National Mortgage Association. [1] [7118217] [20-3114] (ZNS) [Entered: 10/29/2020 11:23 AM] |
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| Defendant / appellant: CITIBANK, N.A., as Trustee for the registered holders of Wells Fargo Commercial Mortgage Securities Inc.Multi - Mortgage pass through certificate series 2018-SB14 | |
| Represented By: | William J. McKenna Jr. |
| Represented By: | Andrew McClain |
| Represented By: | Jill L. Nicholson |
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| Appellee: KEVIN B. DUFF, as Receiver | |
| Represented By: | Michael Rachlis |
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| Appellant: FEDERAL NATIONAL MORTGAGE ASSOCIATION | |
| Represented By: | William J. McKenna Jr. |
| Represented By: | Andrew McClain |
| Represented By: | Jill L. Nicholson |
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| Plaintiff / appellee: SECURITIES AND EXCHANGE COMMISSION | |
| Represented By: | Michael Andrew Conley |
| Represented By: | Benjamin J. Hanauer |
| Represented By: | Timothy J. Stockwell |
| Represented By: | John Bowers |
| Represented By: | Morgan Bradylyons |
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