Martin Mondragon v. Bank of America, N.A., et al
| MARTIN D. MONDRAGON |
| BANK OF AMERICA, NA, NATIONAL DEFAULT SERVICING CORPORATION, NEW AMERICAN FUNDING, BAC HOME LOANS SERVICING, LP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., GINNIE MAE and DOES, All Persons Unknown Claiming Any Legal or Equitable Right Title Estate Lien or Interest in the Property Described in the Complaint Adverse to Plaintiffs Title or Any Cloud on Plaintiffs Title Thereto |
| 17-56022 |
| July 20, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Foreclosure |
Docket Report
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| Filing 36 MANDATE ISSUED. (SRT, RMG and RAP) [11197980] (RR) [Entered: 02/15/2019 04:26 PM] |
| Filing 35 Filed order (SIDNEY R. THOMAS, RONALD M. GOULD and RICHARD A. PAEZ) A review of the record and the parties responses to this courts August 31, 2018 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See Fed. R. Civ. P. 54(b); 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). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11165036] (WL) [Entered: 01/24/2019 11:20 AM] |
| Filing 34 Filed Appellant Martin D. Mondragon additional citations. Served on 12/10/2018. (Research) [11123975] (RR) [Entered: 12/18/2018 10:24 AM] |
| Filing 33 Filed Appellant Martin D. Mondragon additional citations. Served on 11/16/2018. (records for merits panel) [11094462] (NAC) [Entered: 11/20/2018 11:21 AM] |
| Filing 32 Filed (ECF) Appellees BAC Home Loans Servicing, LP and Bank of America, N.A. reply to response to Court order dated 08/31/2018. Date of service: 10/01/2018. [11031052] [17-56022] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 10/1/2018 by TYL] (Winter, Douglas) [Entered: 10/01/2018 03:44 PM] |
| Filing 31 Filed Appellant Martin D. Mondragon response to order to show cause. Served on 09/17/2018. [11020276] (NAC) [Entered: 09/21/2018 08:31 AM] |
| Filing 30 Filed clerk order (Deputy Clerk: MF): It appears that the district courts order challenged in this appeal may not have disposed of the action as to all claims and all parties. Specifically, it appears that New American Funding, Inc., remains pending as a defendant in the district court. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981); see also Hawaii Carpenters Trust Funds v. Stone, 794 F.2d 508, 512 (9th Cir. 1986) (entry of default is not a final or appealable order). If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is complete. [10997387] (CKP) [Entered: 08/31/2018 10:21 AM] |
| Filing 29 Filed Appellant Martin D. Mondragon response opposing motion to strike portion of substitute reply brief. Served on 08/08/2018. [10975349] (QDL) [Entered: 08/13/2018 05:00 PM] |
| Filing 28 Filed clerk order (Deputy Clerk: NA): Appellees motion to strike portions of the substitute reply brief (Docket Entry No. [ # 27 ]) is referred to the panel that will consider the merits of the appeal. [10966647] (NA) [Entered: 08/06/2018 09:08 AM] |
| Filing 27 Filed (ECF) Appellees BAC Home Loans Servicing, LP and Bank of America, N.A. Motion to strike portion of Substitute Reply Brief. Date of service: 08/02/2018. [10963945] [17-56022] (Winter, Douglas) [Entered: 08/02/2018 12:17 PM] |
| Filing 26 Filed original and 7 copies of Appellant Martin D. Mondragon (Informal: Yes) reply brief of 23 pages. Served on 07/03/2018. [10956458] (KT) [Entered: 07/26/2018 02:09 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: FA): Appellants motion to file a substitute reply brief (Docket Entry No. [ # 24 ]) is granted. The Clerk will file the reply brief received at Docket Entry No. [ # 23 ], and strike the reply brief received at Docket Entry No. [ # 22 ]. Appellees motion to amend the caption (Docket Entry No. [ # 21 ]) is referred to the panel that will consider the merits of the appeal.[10939374] (FKA) [Entered: 07/12/2018 08:57 AM] |
| Filing 24 Filed Appellant Martin D. Mondragon motion to file substitute or corrected brief. Deficiencies: None. Served on 07/09/2018. [10937409] (QDL) [Entered: 07/10/2018 03:35 PM] |
| Filing 23 Received original and 7 copies second reply brief of Appellant Martin D. Mondragon (Informal: Yes) of 23 pages. Served on 07/03/2018. Major deficiencies: reply brief already received. Notified appellant. [10934249] (LA) [Entered: 07/06/2018 05:10 PM] |
| Filing 22 Received original and 7 copies reply brief of Appellant Martin D. Mondragon (Informal: Yes) 31 pages. Served on 06/18/2018. Major deficiencies: oversized. Notified appellant. [10920382] (KT) [Entered: 06/25/2018 10:32 AM] |
| Filing 21 Filed (ECF) Appellees BAC Home Loans Servicing, LP and Bank of America, N.A. Motion for miscellaneous relief [Motion to Amend and Correct Caption and Docket]. Date of service: 05/25/2018. [10886014] [17-56022] (Winter, Douglas) [Entered: 05/25/2018 12:04 PM] |
| Filing 20 Streamlined request [7] by Appellant Martin D. Mondragon to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 06/18/2018. Streamlined requests only allow for 30 days. [10877199] (BG) [Entered: 05/18/2018 07:54 AM] |
| Filing 19 Received 7 paper copies of Answering Brief [ # 15 ] filed by BAC Home Loans Servicing, LP and Bank of America, N.A.. [10859246] (SD) [Entered: 05/02/2018 02:26 PM] |
| Filing 18 Filed 4 paper copies of supplemental excerpts of record [ # 16 ] in 3 volume(s) filed by Appellees BAC Home Loans Servicing, LP and Bank of America, N.A. [10859050] (KT) [Entered: 05/02/2018 01:19 PM] |
| Filing 17 Filed clerk order: The answering brief [ # 15 ] submitted by BAC Home Loans Servicing, LP and Bank of America, N.A. 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 CM/ECF. The Court has reviewed the supplemental excerpts of record [ # 16 ] submitted by BAC Home Loans Servicing, LP and Bank of America, N.A.. 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. [10854805] (KT) [Entered: 04/30/2018 09:35 AM] |
| Filing 16 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees BAC Home Loans Servicing, LP and Bank of America, N.A.. Date of service: 04/27/2018. [10854149] [17-56022] (Winter, Douglas) [Entered: 04/27/2018 02:48 PM] |
| Filing 15 Submitted (ECF) Answering Brief for review. Submitted by Appellees BAC Home Loans Servicing, LP and Bank of America, N.A.. Date of service: 04/27/2018. [10854139] [17-56022] (Winter, Douglas) [Entered: 04/27/2018 02:44 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: TAH): The appellees opposed motion (Docket Entry No. [ # 9 ]) for a second extension of time in which to file the answering brief is granted. The answering brief is due April 27, 2018. The appellants optional reply brief is due within 21 days after service of the answering brief. [10834574] (AF) [Entered: 04/12/2018 01:45 PM] |
| Filing 13 Filed Appellant Martin D. Mondragon opposition to reply to response (motion to extend tme to file brief) in 17-56022 served on 03/29/2018. [10824926] (QDL) [Entered: 04/04/2018 04:23 PM] |
| Filing 12 Filed (ECF) Appellees BAC Home Loans Servicing, LP and Bank of America, N.A. Correspondence: Certificate of Service by mailing. Date of service: 03/29/2018 [10817859] [17-56022] (Hicks, Andrea) [Entered: 03/29/2018 12:30 PM] |
| Filing 11 Filed (ECF) Appellees Bank of America, N.A. and BAC Home Loans Servicing, LP reply to response (motion to extend time to file brief). Date of service: 03/28/2018. [10817017] [17-56022] (Hicks, Andrea) [Entered: 03/28/2018 07:12 PM] |
| Filing 10 Filed Appellant Martin D. Mondragon response opposing motion to extend time to file brief. Served on 03/24/2018. [10815869] (QDL) [Entered: 03/28/2018 11:48 AM] |
| Filing 9 Filed (ECF) Appellee Bank of America, N.A. Motion to extend time to file Answering brief until 04/27/2018. Date of service: 03/22/2018. [10809039] [17-56022] (Hicks, Andrea) [Entered: 03/22/2018 02:11 PM] |
| Filing 8 Streamlined request [7] by Appellees BAC Home Loans Servicing, LP and Bank of America, N.A. to extend time to file the brief is approved. Amended briefing schedule: Appellees BAC Home Loans Servicing, LP, Bank of America, N.A., Does, Ginnie Mae, Mortgage Electronic Registration Systems, Inc., National Default Servicing Corporation and New American Funding answering brief due 03/28/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10771016] (BG) [Entered: 02/21/2018 09:58 AM] |
| Filing 7 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees BAC Home Loans Servicing, LP and Bank of America, N.A.. New requested due date is 03/28/2018. [10770789] [17-56022] (Hicks, Andrea) [Entered: 02/21/2018 08:57 AM] |
| Filing 6 Filed original and 7 copies of Appellant Martin D. Mondragon (Informal: Yes) opening brief of 37 pages. Served on 01/25/2018. [10740905] (KWG) [Entered: 01/26/2018 04:38 PM] |
| Filing 5 Streamlined request by Appellant Martin D. Mondragon to extend time to file the brief is approved. Amended briefing schedule: Appellant Martin D. Mondragon opening brief due 01/25/2018. Appellees BAC Home Loans Servicing, LP, Bank of America, N.A., Does, Ginnie Mae, Mortgage Electronic Registration Systems, Inc., National Default Servicing Corporation and New American Funding answering brief due 02/26/2018 for all appellees. The optional reply brief is due 21 days from the date of service of the answering brief. [10686295] (BG) [Entered: 12/11/2017 02:46 PM] |
| Filing 4 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 07/24/2017. [10519441] (BY) [Entered: 07/24/2017 04:24 PM] |
| Filing 3 Added attorney Douglas E. Winter for BAC Home Loans Servicing, LP Bank of America, N.A., in case 17-56022. [10519200] (JFF) [Entered: 07/24/2017 02:57 PM] |
| Filing 2 Filed (ECF) notice of appearance of Douglas E. Winter for Appellees BAC Home Loans Servicing, LP and Bank of America, N.A.. Date of service: 07/24/2017. [10519026] [17-56022] (Winter, Douglas) [Entered: 07/24/2017 02:23 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Martin D. Mondragon opening brief due 12/26/2017. Appellees BAC Home Loans Servicing, LP, Bank of America, N.A., Does, Ginnie Mae, Mortgage Electronic Registration Systems, Inc., National Default Servicing Corporation and New American Funding answering brief due 01/25/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10515760] (RT) [Entered: 07/20/2017 11:40 AM] |
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