Sean Park, et al v. Lehman Brothers Bank, et al
| LEHMAN BROTHERS BANK, FSB, AURORA LOAN SERVICES, ALLISON JAMES ESTATE PROPERTIES, QUALITY LOAN SERVICE CORPORATION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ALL OTHER PERSONS AND ENTITIES UNKNOWN, MARC CARPENTER & ASSOCIATES and CHICAGO TITLE COMPANY |
| MICHELLE PARK and SEAN MICHAEL PARK, pro se |
| 11-55473 |
| March 24, 2011 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 29 MANDATE ISSUED.(AK, CMC and ERK) [10558374] (JFF) [Entered: 08/25/2017 09:50 AM] |
| Filing 28 FILED MEMORANDUM DISPOSITION (ALEX KOZINSKI, CONSUELO M. CALLAHAN and EDWARD R. KORMAN) AFFIRMED. FILED AND ENTERED JUDGMENT. [10531691] [11-55473, 12-56450] (PH) [Entered: 08/03/2017 10:15 AM] |
| Filing 27 Filed Correspondence (Deputy Clerk: SVG): Letter responding to notice filed May 17, 2016 at [ # 26 ]. The Court is aware of the continuing pendency of this appeal (as well as Appeal No. 12-56450, which were argued and submitted together). Please know that the Court is awaiting issuance of the mandate in another appeal, Ho v. Recon Trust Co., et al., Appeal No. 10-56884, which was decided on October 19, 2016, but in which a petition for rehearing en banc is still pending. The Court will notify the parties when a decision is entered in this appeal. [10326678] [11-55473, 12-56540] (HC) [Entered: 02/21/2017 12:07 PM] |
| Filing 26 Filed (ECF) Appellees Lehman Brothers Bank, FSB, MERS and Aurora Loan Services Correspondence: Notification of 11 Month Delay. Date of service: 05/17/2016 [9980304] [11-55473] --[COURT UPDATE: Attached searchable version of correspondence. 05/17/2016 by TYL] (Cizmorris, Melissa) [Entered: 05/17/2016 03:36 PM] |
| Filing 25 Attorney Bryan Leifer substituted by Attorney Melissa L. Cizmorris. [9671152] (RL) [Entered: 09/03/2015 11:01 AM] |
| Filing 24 Filed (ECF) notice of appearance of Melissa L. Cizmorris for Appellees Lehman Brothers Bank, FSB, MERS and Aurora Loan Services. Date of service: 09/03/2015. [9671071] [11-55473] (Cizmorris, Melissa) [Entered: 09/03/2015 10:35 AM] |
| Filing 23 ARGUED AND SUBMITTED TO ALEX KOZINSKI, CONSUELO M. CALLAHAN and EDWARD R. KORMAN. [9563315] [11-55473, 12-56450] (FB) [Entered: 06/05/2015 12:43 PM] |
| Filing 22 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Bryan Leifer for Appellees Aurora Loan Services, Lehman Brothers Bank, FSB and MERS. [9485540] [11-55473] (Leifer, Bryan) [Entered: 04/06/2015 03:57 PM] |
| Filing 21 Added attorney Bryan Leifer for Lehman Brothers Bank, FSB Aurora Loan Services MERS, in case 11-55473. [9485416] (RR) [Entered: 04/06/2015 03:15 PM] |
| Filing 20 Filed (ECF) notice of appearance of Bryan M. Leifer for Appellees Aurora Loan Services, Lehman Brothers Bank, FSB and MERS. Date of service: 04/06/2015. [9485133] [11-55473] (Leifer, Bryan) [Entered: 04/06/2015 02:10 PM] |
| Filing 19 ENTRY UPDATED. ORIGINAL TEXT: Notice of Oral Argument on Friday, June 5, 2015 - 09:30 A.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9470454] Notice of Oral Argument on Friday, June 5, 2015 - 09:30 A.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9470454]--[Edited 03/24/2015 by LN] (LN) [Entered: 03/24/2015 03:58 PM] |
| Filing 18 Terminated Appellees All Other Persons and Entities Unknown, Allison James Estate Properties, Chicago Title Company, Marc Carpenter & Associates and Quality Loan Service Corp. in 11-55473 [8954609] (WL) [Entered: 01/28/2014 07:22 AM] |
| Filing 17 Filed order (Appellate Commissioner): On March 16, 2011, the district court granted appellees Aurora Loan Services LLC (Aurora), Lehman Brothers Bank, FSB (Lehman Brothers), and Mortgage Electronic Registration Systems, Inc.s (MERS) motion to dismiss the underlying complaint as to Aurora, Lehman Brothers, and MERS. On March 23, 2011, appellants filed a notice of appeal of the March 16, 2011 order, initiating appeal No. 11-55473 in this court. On July 18, 2012, the district court entered an order dismissing the underlying action as to the appellee Quality Loan Service Corporation (Quality) and entered judgment. On August 6, 2012, appellants filed a notice of appeal of the July 18, 2012 judgment and August 1, 2012 post-judgment order, initiating appeal No. 12-56450..... Appeal No. 11-55473 shall proceed as to appellees Aurora, Lehman Brothers, and MERS. Appeal No. 12-56450 is duplicative of appeal No. 11-55473 as to appellees Aurora, Lehman Brothers, and MERS. Therefore, the unopposed motion to dismiss appeal No. 12-56450 as to Aurora, Lehman Brothers, and MERS is granted. Appeal No. 12-56450 shall proceed as to appellee Quality only. Briefing in these appeals is complete. Appeal Nos. 11-55473 and 12-56450 are related and shall be calendared together. (MOATT) [8954604] [11-55473, 12-56450] (WL) [Entered: 01/28/2014 07:19 AM] |
| Filing 16 Filed Appellants Michelle Park and Mr. Sean Michael Park response to order to show cause. Served on 10/04/2013. [8813037] [11-55473, 12-56450] (RL) [Entered: 10/08/2013 10:04 AM] |
| Filing 15 Filed clerk order (Deputy Clerk: SM): On March 16, 2011, the district court granted appellees Aurora Loan Services LLC (Aurora), Lehman Brothers Bank, FSB (Lehman Brothers), and Mortgage Electronic Registration Systems, Inc.s (MERS) motion to dismiss the underlying complaint as to Aurora, Lehman Brothers, and MERS. On March 23, 2011, appellants filed a notice of appeal of the March 16, 2011 order, initiating appeal no. 11-55473 in this court. On July 18, 2012, the district court entered an order dismissing the underlying action as to appellee Quality Loan Service Corporation (Quality) and entered final judgment. Appellants moved for reconsideration of the order dismissing Quality, and the district court denied the motion for reconsideration on August 1, 2012. On August 6, 2012, appellant filed a notice of appeal of the July 18, 2012 final judgment and the August 1, 2012 post-judgment order, initiating appeal no. 12-56450. A review of the district court docket reveals that this court may lack jurisdiction over appeal nos. 11-55473 and 12-56450 because it appears that defendants Marc Carpenter & Associates and Allison James Estate Properties, about which an executed summons was filed with the district court on January 18, 2011, have not been dismissed from the district court action and the district court has not expressly determined that there is no just reason for delay as required by Federal Rule of Civil Procedure 54(b). See Fed. R. Civ. P. 54(b); see also Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable unless it disposes of all claims as to all parties or judgment is entered in compliance with rule); Frank Briscoe Co., Inc. v. Morrison-Knudsen Co., Inc., 776 F.2d 1414, 1416 (9th Cir. 1985) (order disposing of fewer than all claims or parties is not appealable absent express determination from district court that there is no just reason for delay under Rule 54(b)); see, e.g., Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (9th Cir. 1999) (one becomes a party officially, and is required to take action in that capacity, only upon service of a summons or other authority-asserting measure stating the time within which the party served must appear and defend). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of these appeals or show cause why these appeals should not be dismissed for lack of jurisdiction. If appellants elect to show cause, appellees may file a response within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss these appeals pursuant to Ninth Circuit Rule 42-1. The pending motion to dismiss parties from this appeal, filed in appeal no. 12-56450, is held in abeyance pending resolution of this order to show cause. Briefing is complete in both appeals. [8784809] [11-55473, 12-56450] (CKP) [Entered: 09/16/2013 05:45 PM] |
| Filing 14 Filed representation notice of Attorney George H. Bye for party Appellant Michelle Park and Sean Michael Park. Served on 05/23/2013. [8654078] (RL) [Entered: 06/04/2013 11:57 AM] |
| Filing 13 Attorney Renee De Golier substituted by Attorney Melissa Robbins Coutts. [8266094] (RL) [Entered: 07/27/2012 11:17 AM] |
| Filing 12 Filed (ECF) notice of appearance of Melissa Robbins Coutts for Appellee Quality Loan Service Corp.. Date of service: 07/27/2012. [8266044] (Coutts, Melissa) [Entered: 07/27/2012 11:03 AM] |
| Filing 11 Attorney Melissa Robbins Coutts substituted by Attorney Justin Donald Balser. [8049673] (RL) [Entered: 01/30/2012 01:21 PM] |
| Filing 10 Filed (ECF) notice of appearance of Justin D. Balser for Appellees Aurora Loan Services, Lehman Brothers Bank, FSB and Mortgage Electronic Registration Systems. Date of service: 01/30/2012. [8049621] (Balser, Justin) [Entered: 01/30/2012 01:08 PM] |
| Filing 9 Filed original and 7 copies of Appellants Michelle Park and Mr. Sean Michael Park (Informal: No) reply brief of 6 pages.. Served on 08/15/2011. [7864249] (SLH) [Entered: 08/19/2011 11:22 AM] |
| Filing 8 Received 7 paper copies of Answering brief [ # 5 ] filed by Aurora Loan Services, et al. [7852524] (SD) [Entered: 08/10/2011 03:12 PM] |
| Filing 7 Filed Appellees Aurora Loan Services, Lehman Brothers Bank, FSB and Mortgage Electronic Registration Systems supplemental excerpts of record on appeal in 1 volume. [7843197] (LA) [Entered: 08/03/2011 05:07 PM] |
| Filing 6 Filed clerk order: The answering brief [ # 5 ] submitted by Aurora Loan Services, Lehman Brothers Bank, FSB and Mortgage Electronic Registration Systems is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7839918] (SLH) [Entered: 08/02/2011 08:56 AM] |
| Filing 5 Submitted (ECF) Answering brief for review. Submitted by Appellees Aurora Loan Services, Lehman Brothers Bank, FSB and Mortgage Electronic Registration Systems. Date of service: 08/01/2011. [7839530] (Coutts, Melissa) [Entered: 08/01/2011 04:04 PM] |
| Filing 4 Added attorney Melissa Robbins Coutts for Mortgage Electronic Registration Systems Aurora Loan Services Lehman Brothers Bank, FSB. [7829722] (RL) [Entered: 07/22/2011 10:37 AM] |
| Filing 3 Filed (ECF) notice of appearance of Melissa Robbins Coutts for Appellees Aurora Loan Services, Lehman Brothers Bank, FSB and Mortgage Electronic Registration Systems. Date of service: 07/22/2011. [7829716] (Coutts, Melissa) [Entered: 07/22/2011 10:34 AM] |
| Filing 2 Filed original and 7 copies of Appellants Michelle Park and Mr. Sean Michael Park (Informal: No) opening brief of 13 pages. Served on 07/01/2011. [7811135] (SLH) [Entered: 07/07/2011 11:47 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PROSE APPELLANT. The schedule is set as follows: Appellant Michelle Park and Appellant Sean M. Park opening brief due 07/01/2011. Appellee All Other Persons and Entities Unknown, Appellee Allison James Estate Properties, Appellee Aurora Loan Services, Appellee Chicago Title Company, Appellee Lehman Brothers Bank, FSB, Appellee Marc Carpenter & Associates, Appellee Mortgage Electronic Registration Systems and Appellee Quality Loan Service Corp. answering brief due 08/01/2011. Appellant's optional reply brief is due 14 days after service of the answering brief. [7692730] (GR) [Entered: 03/24/2011 08:14 AM] |
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