PNC Bank, N.A. v. Belinda Smith, et al
| B & B DREAMIN', Hull No. GMKD283C505 (the "Vessel"), its engines, machinery, appurtenances, etc. In Rem |
| PNC BANK, N.A., a National Association, as successor in interest to National City Bank |
| BELINDA L. SMITH and JACOB WINDING |
| NATIONAL MARITIME SERVICES, INC |
| 15-16648 |
| August 19, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Marine Personal Injury |
Docket Report
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| Filing 6 Filed order (Deputy Clerk: CKP) Motion to dismiss case for failure to prosecute (Cir. Rule 42-1). Pursuant to Circuit Rule 42-1, this appeal is dismissed for failure to respond to order. This order served on the district court shall constitute the mandate of this court. [10043373] (CKP) [Entered: 07/08/2016 09:38 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: DA): The courts November 9, 2015 order stayed proceedings in this appeal for 120 days or until further order of the court pending bankruptcy proceedings, pursuant to 11 U.S.C. 362(a). The courts November 9, 2015 and March 22, 2016, orders directed appellant Belinda L. Smith to file a status report concerning the bankruptcy proceedings at or prior to the conclusion of the stay. To date, appellant Belinda L. Smith has not filed a status report. However, a review of bankruptcy court records indicates that bankruptcy proceedings have terminated. Accordingly, the stay of proceedings in this court is lifted. A review of the record indicates that the district court denied appellant Belinda L. Smiths motion to proceed in forma pauperis for this appeal, and the docketing and filing fees for this appeal remain due. Within 21 days after the date of this order, appellants shall: (1) file motions with this court to proceed in forma pauperis, or (2) pay $505 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court. If appellants fail to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. The court will set a new briefing schedule upon resolution of the fee issue. The Clerk shall send a copy of Form 4 to appellants. [9996133] (CKP) [Entered: 05/31/2016 11:45 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: DA): The courts November 9, 2015 order stayed proceedings in this appeal for 120 days or until further order of the court, pursuant to 11 U.S.C. 362(a). The November 9, 2015 order directed appellant Belinda L. Smith to file a status report concerning the bankruptcy proceedings at or prior to the conclusion of the stay. To date, appellant has not filed a status report. Within 21 days after the date of this order, appellant Smith shall file a status report concerning the status of bankruptcy proceedings. [9909941] (CKP) [Entered: 03/22/2016 07:54 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: MF): A review of the district court record reflects that appellant Belinda L. Smith has filed for bankruptcy and therefore appears to be subject to the automatic stay. Therefore, proceedings in this court are stayed for 120 days or until further order of the court, pursuant to 11 U.S.C. section 362(a). At or prior to the conclusion of the stay, appellant Belinda L. Smith shall file a status report concerning the bankruptcy proceedings. [9749219] (CKP) [Entered: 11/09/2015 12:29 PM] |
| Filing 2 Received copy of District Court order filed on 11/02/2015. IT IS HEREBY ORDERED that Smiths August 17, 2015 request to proceed in forma pauperis on appeal (ECF No. 169) is denied without prejudice. The Clerk of the Court is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit, and Smith is hereby informed that she may file a motion to proceed in forma pauperis in the United States Court of Appeals for the Ninth Circuit. See Fed. R. App. P. 24(a)(5). [9742734] (RR) [Entered: 11/03/2015 10:44 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTS. SEND MQ: No. The schedule is set as follows: Transcript ordered by 09/16/2015. Transcript due 10/16/2015. Appellants Belinda L. Smith and Jacob Winding opening brief due 11/25/2015. Appellee PNC Bank, N.A. answering brief due 12/28/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9652097] (RT) [Entered: 08/19/2015 09:29 AM] |
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