FDIC v. Countrywide Financial Corp., et al
| COUNTRYWIDE SECURITIES CORPORATION, COUNTRYWIDE FINANCIAL CORPORATION, CWALT, INC., BANK OF AMERICA CORPORATION and CITIGROUP GLOBAL MARKETS INC. |
| FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Strategic Capital Bank |
| THE SECURITIES INDUSTRY ASSOCIATION and FINANCIAL MARKETS ASSOCIATION |
| 12-57299 |
| December 20, 2012 |
| U.S. Court of Appeals, Ninth Circuit |
| Securities, Commodities, Exchange |
Docket Report
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| Filing 68 Filed order (Deputy Clerk: AJ) Granting Motion (ECF Filing) Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. [9330956] (IV) [Entered: 12/01/2014 11:36 AM] |
| Filing 67 Filed (ECF) Appellant FDIC Joint Motion to dismiss the case. Date of service: 11/24/2014. [9324269] [12-57299] (Madden, Jerome) [Entered: 11/24/2014 11:59 AM] |
| Filing 66 Filed clerk order (Deputy Clerk: TAH): The appellants motion to further stay appellate proceedings is granted. This appeal is stayed until January 30, 2014. At or prior to the expiration of the stay, the appellant shall file a further status report and motion for appropriate relief. In the absence of a motion, the stay of proceedings shall terminate. [9322733] (SAM) [Entered: 11/21/2014 03:21 PM] |
| Filing 65 Filed (ECF) Appellant FDIC status report (as required by Court order dated 08/14/2014). Date of service: 11/12/2014 [9310290] [12-57299] (Madden, Jerome) [Entered: 11/12/2014 03:04 PM] |
| Filing 64 Terminated Appellee Citigroup Global Markets Inc. in 12-57299 [9289612] (SML) [Entered: 10/24/2014 01:23 PM] |
| Filing 63 Filed order MEDIATION (AJ): Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed as to defendant - appellee Citigroup Global Markets Inc., only. Fed. R. App. P. 42(b). The parties shall bear their own costs on appeal. A copy of this order shall serve as and for the mandate of this court as to Citigroup Global Markets Inc. only. This appeal remains pending as to all other parties. [9289610] (SML) [Entered: 10/24/2014 01:21 PM] |
| Filing 62 Filed (ECF) Appellee Citigroup Global Markets Inc. Stipulated Motion to dismiss party from case. Date of service: 10/21/2014. [9285099] (Kitchens, Dean) [Entered: 10/21/2014 03:08 PM] |
| Filing 61 Filed clerk order (Deputy Clerk: GS): The joint motion to stay appellate proceedings pending the Supreme Courts ruling in Gelboim v. Credit Suisse Group, AG, No. 13-1174 is granted in part. Appellate proceedings are stayed until November 12, 2014. At or prior to the expiration of the stay of appellate proceedings, the parties shall file a status report and a motion for appropriate relief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [9203352] (SAM) [Entered: 08/13/2014 10:26 AM] |
| Filing 60 Filed (ECF) Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation Joint Motion to stay proceedings. Date of service: 07/31/2014. [9189639] (Pastuszenski, Brian) [Entered: 07/31/2014 03:08 PM] |
| Filing 59 Received 7 paper copies of Reply brief [ # 56 ] filed by FDIC. [8972254] (SD) [Entered: 02/10/2014 11:16 AM] |
| Filing 58 Filed clerk order: The reply brief [ # 56 ] submitted by FDIC is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8959644] (GV) [Entered: 01/30/2014 02:01 PM] |
| Filing 57 Filed clerk order (Deputy Clerk: DO): Appellants unopposed motion for leave to file an enlargement of the reply brief of 1,563 words, for a grand total of 8,563 words is granted. The Clerk shall file the reply brief submitted on January 27, 2014. [8958790] (SAM) [Entered: 01/30/2014 09:12 AM] |
| Filing 56 Submitted (ECF) Reply Brief for review. Submitted by Appellant FDIC. Date of service: 01/27/2014. [8954324] (Madden, Jerome) [Entered: 01/27/2014 04:28 PM] |
| Filing 55 Filed (ECF) Appellant FDIC Unopposed Motion to file oversized brief. Date of service: 01/27/2014. [8954315] (Madden, Jerome) [Entered: 01/27/2014 04:25 PM] |
| Filing 54 Filed clerk order (Deputy Clerk: DTO): Granting unopposed (ECF Filing) motion to extend time to file the reply brief filed by Appellant FDIC. The reply brief is due 01/27/2014. [8920940] (DO) [Entered: 12/31/2013 11:43 AM] |
| Filing 52 Filed (ECF) Appellant FDIC Unopposed Motion to extend time to file a reply until 01/27/2014 at 11:59 pm. Date of service: 12/30/2013. [8919448] (Madden, Jerome) [Entered: 12/30/2013 01:32 PM] |
| Filing 53 Received 7 paper copies of the Joinder in Countrywide Appellees' Answering brief [ # 40 ] filed by Citigroup Global Markets, Inc.. [8920640] (SD) [Entered: 12/31/2013 10:11 AM] |
| Filing 51 Filed Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation paper copies of supplemental excerpts of record [ # 37 ] in 1 volume; entitled Volume I. [8917055] (GV) [Entered: 12/26/2013 02:57 PM] |
| Filing 50 Received 7 paper copies of the joinder in Countrywide Appellees' Answering brief [ # 38 ] filed by Bank of America Corporation. [8914846] (SD) [Entered: 12/24/2013 09:26 AM] |
| Filing 49 Received 7 paper copies of Answering brief [ # 37 ] filed by CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation. [8914830] (SD) [Entered: 12/24/2013 09:23 AM] |
| Filing 48 Filed clerk order: The joinder in the Countrywide Appellees' answering brief [ # 40 ] submitted by Citigroup Global Markets, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8911075] (GV) [Entered: 12/20/2013 12:25 PM] |
| Filing 47 Filed clerk order: The joinder in Countrywide Appellees' answering brief [ # 38 ] submitted by Bank of America Corporation is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8910504] (GV) [Entered: 12/20/2013 09:58 AM] |
| Filing 46 Filed clerk order: The answering brief [ # 37 ] submitted by CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 37 ] submitted by CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8910476] (GV) [Entered: 12/20/2013 09:52 AM] |
| Filing 45 Filed clerk order (Deputy Clerk: DO): Appellees unopposed motion for leave to file an enlargement of the answering brief of 1,747 words, for a grand total of 15,747 words is granted. The Clerk shall file the answering brief submitted on December 9, 2013. The optional reply brief remains due on January 13, 2014. [8909916] (SAM) [Entered: 12/19/2013 04:39 PM] |
| Filing 44 Received 7 paper copies of Amicus brief [ # 41 ] filed by Financial Markets Association and The Securities Industry Association. [8908988] (SD) [Entered: 12/19/2013 01:10 PM] |
| Filing 43 Filed clerk order: The amicus brief [ # 41 ] submitted by Financial Markets Association and The Securities Industry Association is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8905890] (GV) [Entered: 12/17/2013 07:36 PM] |
| Filing 42 Entered appearance of Amici Curiae The Securities Industry Association and Financial Markets Association. [8905889] (GV) [Entered: 12/17/2013 07:34 PM] |
| Filing 41 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Securities Industry and Financial Markets Association. Date of service: 12/16/2013. [8902704] (Liman, Lewis) [Entered: 12/16/2013 12:06 PM] |
| Filing 40 Submitted (ECF) Answering Brief for review. Submitted by Appellee Citigroup Global Markets, Inc.. Date of service: 12/09/2013. [8895093]--[COURT UPDATE: Removed duplicate brief. Resent NDA. 12/20/2013 by RY] (Kitchens, Dean) [Entered: 12/09/2013 08:03 PM] |
| Filing 39 Filed (ECF) Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation Motion to take judicial notice of. Date of service: 12/09/2013. [8895089] (Pastuszenski, Brian) [Entered: 12/09/2013 07:55 PM] |
| Filing 38 Submitted (ECF) Answering Brief for review. Submitted by Appellee Bank of America Corporation. Date of service: 12/09/2013. [8895086] (Close, Matthew) [Entered: 12/09/2013 07:52 PM] |
| Filing 37 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation. Date of service: 12/09/2013. [8895085] (Pastuszenski, Brian) [Entered: 12/09/2013 07:43 PM] |
| Filing 36 Filed (ECF) Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation Motion to file oversized brief. Date of service: 12/09/2013. [8895084] (Pastuszenski, Brian) [Entered: 12/09/2013 07:31 PM] |
| Filing 35 Streamlined request [34] by Appellant FDIC to extend time to file the reply brief is approved. Amended briefing schedule: the optional reply brief is due 01/13/2014. [8886630] (DO) [Entered: 12/03/2013 02:39 PM] |
| Filing 34 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant FDIC. New requested due date is 01/13/2014 at 11:59 pm. [8886268] (Madden, Jerome) [Entered: 12/03/2013 01:31 PM] |
| Filing 33 Filed clerk order (Deputy Clerk: LK): Appellees motion for an extension of time to file the answering brief is granted. The answering brief is due December 9, 2013. The optional reply brief is due within 14 days after service of the answering brief. [8815082] (SAM) [Entered: 10/09/2013 10:33 AM] |
| Filing 32 Filed (ECF) Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation Unopposed Motion to extend time to file a response until 12/09/2013. Date of service: 10/02/2013. [8807075] (Pastuszenski, Brian) [Entered: 10/02/2013 03:43 PM] |
| Filing 31 Added attorney Keith E. Levenberg for Countrywide Financial Corporation Countrywide Securities Corporation CWALT, Inc., in case 12-57299. [8807023] (Turcios, Margoth) [Entered: 10/02/2013 03:30 PM] |
| Filing 30 Filed (ECF) notice of appearance of Keith E. Levenberg for Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation. Date of service: 10/02/2013. [8806968] (Levenberg, Keith) [Entered: 10/02/2013 03:20 PM] |
| Filing 29 Received 7 paper copies of Opening brief [ # 26 ] filed by FDIC. [8804052] (SD) [Entered: 10/01/2013 10:10 AM] |
| Filing 28 Filed Appellant FDIC paper copies of excerpts of record [ # 26 ] in 1 volume(s). [8803259] (GV) [Entered: 09/30/2013 04:51 PM] |
| Filing 27 Filed clerk order: The opening brief [ # 26 ] submitted by FDIC is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 26 ] submitted by FDIC. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8796149] (GV) [Entered: 09/25/2013 11:09 AM] |
| Filing 26 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant FDIC. Date of service: 09/23/2013. [8793682]--[COURT UPDATE: replaced PDF file(s), resent notice. 09/25/2013 by ASW] (Madden, Jerome) [Entered: 09/23/2013 06:37 PM] |
| Filing 25 Filed (ECF) Appellant FDIC Motion to take judicial notice of. Date of service: 09/23/2013. [8792939] (Madden, Jerome) [Entered: 09/23/2013 02:49 PM] |
| Filing 24 Filed order MEDIATION (AJ): Case not selected for mediation program. Counsel interested in obtaining settlement assistance or program information should contact the Mediation Office. [8757300] (KKW) [Entered: 08/27/2013 09:05 AM] |
| Filing 23 Filed clerk order (Deputy Clerk: LKK): Appellants motion for an extension of time to file the opening brief is granted. The opening brief is due September 23, 2013. The answering brief is due October 23, 2013. The optional reply brief is due within 14 days after service of the answering brief. [8726521] (KKW) [Entered: 08/01/2013 11:18 AM] |
| Filing 22 Filed (ECF) Appellant FDIC Unopposed Motion to extend time to file Opening brief until 09/23/2013. Date of service: 07/31/2013. [8724253] (Madden, Jerome) [Entered: 07/31/2013 09:11 AM] |
| Filing 21 Terminated Gabriel E. Drucker for FDIC in 12-57299, Michael Roland Matthias for FDIC in 12-57299 [8688146] (KKW) [Entered: 07/01/2013 04:17 PM] |
| Filing 20 Filed order (Appellate Commissioner): Appellees motions to dismiss this appeal for lack of jurisdiction is denied without prejudice to renewing the arguments in the answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (stating that merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The motion by Michael R. Matthias, Esq., and Gabriel E. Drucker, Esq., for leave to withdraw as counsel for appellant is granted. The Clerk shall amend the docket to reflect that Michael R. Matthias, Esq., and Gabriel E. Drucker, Esq., are no longer counsel of record for this appeal. The opening brief and excerpts of record are due August 9, 2013; the answering brief is due September 9, 2013; and the optional reply brief is due within 14 days after service of the answering brief. (MOATT) [8688139] (KKW) [Entered: 07/01/2013 04:15 PM] |
| Filing 19 Filed (ECF) Appellant FDIC Motion to withdraw as counsel. Date of service: 05/17/2013. [8634087] (Matthias, Michael) [Entered: 05/17/2013 04:00 PM] |
| Filing 18 Added attorney David S. McLeod, John Matthew Moscarino for FDIC, in case 12-57299. [8630072] (Turcios, Margoth) [Entered: 05/15/2013 01:33 PM] |
| Filing 17 Filed (ECF) notice of appearance of John M. Moscarino for Appellant FDIC. Date of service: 05/15/2013. [8629975] (Moscarino, John) [Entered: 05/15/2013 12:39 PM] |
| Filing 16 Filed (ECF) notice of appearance of David S. McLeod for Appellant FDIC. Date of service: 05/15/2013. [8629966] (McLeod, David) [Entered: 05/15/2013 12:24 PM] |
| Filing 15 Filed (ECF) Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation reply to response (,motion to dismiss for lack of jurisdiction, ). Date of service: 04/25/2013. [8605823] (Pastuszenski, Brian) [Entered: 04/25/2013 06:21 PM] |
| Filing 14 Filed (ECF) Appellant FDIC response opposing motion (,motion to dismiss for lack of jurisdiction). Date of service: 04/04/2013. [8577337] (Taner, Jaclyn) [Entered: 04/04/2013 01:15 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: DEV): Appellants unopposed motion to extend time to file an opposition to the motion to dismiss is granted. The opposition is now due April 4, 2013. An optional reply to the opposition may be filed by April 25,2013. Briefing remains suspended pending disposition of the motion to dismiss. [8559326] (DEV) [Entered: 03/21/2013 10:21 AM] |
| Filing 12 Filed (ECF) Appellee Citigroup Global Markets, Inc. response joining motion (,motion to dismiss for lack of jurisdiction). Date of service: 03/13/2013. [8550055] (Kitchens, Dean) [Entered: 03/13/2013 09:45 PM] |
| Filing 11 Filed (ECF) Appellee Citigroup Global Markets, Inc. corporate disclosure statement. Date of service: 03/13/2013. [8550054] (Kitchens, Dean) [Entered: 03/13/2013 09:38 PM] |
| Filing 10 Filed (ECF) Appellant FDIC Motion to extend time to file opposition until 04/04/2013 at 05:00 pm. Date of service: 03/13/2013. [8550019] (Matthias, Michael) [Entered: 03/13/2013 05:40 PM] |
| Filing 9 Filed order MEDIATION (AJ): In light of the pending motion to dismiss, the assessment conference set for March 21, 2013 is taken off calendar. If the motion is denied, the assessment conference will be rescheduled.[8549663] (KKW) [Entered: 03/13/2013 03:16 PM] |
| Filing 8 Filed (ECF) Appellees CWALT, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation Motion to dismiss for lack of jurisdiction. Date of service: 03/08/2013. [8544132] (Pastuszenski, Brian) [Entered: 03/08/2013 06:38 PM] |
| Filing 7 Filed order MEDIATION (VLS): Case referred to Mediation for assessment conference only. Telephone conference to be on 03/21/2013 at 01:00 pm. (Pacific Standard Time) [8522705] (KKW) [Entered: 02/22/2013 09:09 AM] |
| Filing 6 Added attorney Jaclyn Chait Taner, Jerome A. Madden for FDIC, in case 12-57299. [8516043] (Turcios, Margoth) [Entered: 02/15/2013 11:51 AM] |
| Filing 5 Filed (ECF) notice of appearance of Jaclyn C. Taner for Appellant FDIC. Date of service: 02/15/2013. [8515724] (Taner, Jaclyn) [Entered: 02/15/2013 10:17 AM] |
| Filing 4 Filed (ECF) notice of appearance of Jerome A. Madden for Appellant FDIC. Date of service: 02/15/2013. [8515511] (Madden, Jerome) [Entered: 02/15/2013 09:14 AM] |
| Filing 3 Filed (ECF) Appellant FDIC Mediation Questionnaire. Date of service: 12/21/2012. [8449689] (Matthias, Michael) [Entered: 12/21/2012 10:22 AM] |
| Filing 2 Filed Appellant's Representation Statement. Served on 12/20/2012. [8448809] (JN) [Entered: 12/20/2012 03:43 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/27/2012. Transcript ordered by 01/22/2013. Transcript due 04/22/2013. Appellant Federal Deposit Insurance Corporation opening brief due 06/03/2013. Appellees Bank of America Corporation, CWALT, Inc., Citigroup Global Markets, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation answering brief due 07/03/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8448616] (JN) [Entered: 12/20/2012 02:54 PM] |
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