Jacqueline Wegner, et al v. Wells Fargo Bank, NA, et al
| CARRIE TOLSTEDT, PAMELA CONBOY, JAMES M. STROTHER, CLAUDIA RUSS ANDERSON, WELLS FARGO BANK, N.A., MATTHEW RAPHAELSON and JOHN STUMPF |
| RONILLE RUSSELL, Deceased and JACQUELINE WEGNER, and as Personal Representive of the Estate of Ronille Russell |
| 18-16278 |
| July 11, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 45 MANDATE ISSUED.(WAF, RDN and DWM) [11636185] (QDL) [Entered: 03/20/2020 09:09 AM] |
| Filing 44 Filed order (WILLIAM A. FLETCHER, RYAN D. NELSON and DONALD W. MOLLOY) Judges Fletcher and Nelson voted to deny Appellants Petition for Reconsideration En Banc (Dkt. 43-1), and Judge Molloy so recommended. The full court was advised of the Petition for Reconsideration En Banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. Appellants Petition for Reconsideration En Banc, filed February 18, 2020, is DENIED. [11627275] (OC) [Entered: 03/12/2020 09:54 AM] |
| Filing 43 Filed (ECF) Appellants Ronille Russell and Jacqueline Wegner petition for rehearing en banc (from 01/27/2020 memorandum). Date of service: 02/18/2020. [11600819] [18-16278] (Heilbrun, Mark) [Entered: 02/18/2020 04:38 PM] |
| Filing 42 Filed order (WILLIAM A. FLETCHER, RYAN D. NELSON and DONALD W. MOLLOY) Appellants unopposed Motion to Extend Time for Filing Petition for Rehearing En Banc (Dkt. 41-1) is GRANTED. Any Petition for Rehearing En Banc shall be due on February 18, 2020. [11588574] (OC) [Entered: 02/06/2020 03:49 PM] |
| Filing 41 Filed (ECF) Appellants Ronille Russell and Jacqueline Wegner Unopposed Motion to extend time to file petition for rehearing until 02/18/2020. Date of service: 02/05/2020. [11586150] [18-16278]--[COURT UPDATE: Attached searchable versions of Forms 11 and 14. 02/05/2020 by QDL] (Heilbrun, Mark) [Entered: 02/05/2020 10:35 AM] |
| Filing 40 FILED MEMORANDUM DISPOSITION (WILLIAM A. FLETCHER, RYAN D. NELSON and DONALD W. MOLLOY) AFFIRMED. FILED AND ENTERED JUDGMENT. [11574713] (MM) [Entered: 01/27/2020 09:58 AM] |
| Filing 39 SUBMITTED ON THE BRIEFS TO WILLIAM A. FLETCHER, RYAN D. NELSON and DONALD W. MOLLOY. [11568496] (KJC) [Entered: 01/21/2020 01:50 PM] |
| Filing 38 Filed clerk order (Deputy Clerk: AF): The court is of the unanimous opinion that the facts and legal argument are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted on the briefs and record without oral argument on January 21, 2020, in San Francisco, California. Fed. R. App. P. 34(a)(2). [11537584] (AF) [Entered: 12/18/2019 03:31 PM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Mark Heilbrun for Appellants Ronille Russell and Jacqueline Wegner. Hearing in San Francisco on 01/21/2020 at 09:00 A.M. (Courtroom: Courtroom 1, 3rd Floor, Rm. 338). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/15/2019. [11500505] [18-16278] (Heilbrun, Mark) [Entered: 11/15/2019 12:13 PM] |
| Filing 36 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Elaine Goldenberg, Esquire for Appellee Wells Fargo Bank, N.A.. Hearing in San Francisco on 01/21/2020 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/11/2019. [11495078] [18-16278] (Goldenberg, Elaine) [Entered: 11/11/2019 06:07 AM] |
| Filing 35 Notice of Oral Argument on Tuesday, January 21, 2020 - 09:00 A.M. - Courtroom 1 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Tuesday, January 21, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11495036]. [Array, 18-16278] (AW) [Entered: 11/10/2019 06:10 AM] |
| Filing 34 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for January 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11425701][18-16278] (AW) [Entered: 09/09/2019 03:51 PM] |
| Filing 33 Filed (ECF) Attorney Nicholas S. Goldberg for Appellee Matthew Raphaelson response to notice for case being considered for oral argument. Date of service: 08/22/2019. [11406287] [18-16278] (Goldberg, Nicholas) [Entered: 08/22/2019 08:47 AM] |
| Filing 32 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for December 2019 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11401449][18-16278] (AW) [Entered: 08/19/2019 10:12 AM] |
| Filing 31 Filed (ECF) Appellants Jacqueline Wegner and Ronille Russell Correspondence: Notice that appellants do not intend to file a reply brief. Date of service: 01/28/2019. [11169340] [18-16278]--[COURT UPDATE: Edited docket text to reflect content of filing. 01/29/2019 by RY] (Heilbrun, Mark) [Entered: 01/28/2019 01:41 PM] |
| Filing 30 Streamlined request [29] by Appellants Ronille Russell and Jacqueline Wegner to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 01/31/2019. [11139376] (Witt, Dusty) [Entered: 01/02/2019 04:18 PM] |
| Filing 29 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Ronille Russell and Jacqueline Wegner. New requested due date is 01/31/2019. [11137976] [18-16278] (Heilbrun, Mark) [Entered: 01/01/2019 07:51 AM] |
| Filing 28 Added attorney Jennifer Gourley Wicht for Carrie Tolstedt. [11131172] (RL) [Entered: 12/21/2018 02:44 PM] |
| Filing 27 Filed (ECF) notice of appearance of Jennifer Gourley Wicht for Appellee Carrie Tolstedt. Date of service: 12/21/2018. (Party previously proceeding without counsel: No) [11131139] [18-16278] (Wicht, Jennifer) [Entered: 12/21/2018 02:41 PM] |
| Filing 26 Received 7 paper copies of Answering Brief [ # 21 ] filed by Wells Fargo Bank, N.A.. [11129527] (RG) [Entered: 12/21/2018 07:36 AM] |
| Filing 25 Received 7 paper copies of Answering Brief [ # 23 ] filed by Matthew Raphaelson, et al. [11126271] (RG) [Entered: 12/19/2018 12:40 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 23 ] submitted by Matthew Raphaelson, et al. 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 submitted to the principal office of the Clerk. [11121829] (KWG) [Entered: 12/17/2018 08:51 AM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees Matthew Raphaelson, John Stumpf, Claudia Russ Anderson, Pamela Conboy, Carrie Tolstedt and James M. Strother. Date of service: 12/14/2018. [11121432] [18-16278] (Little, Jan) [Entered: 12/14/2018 04:04 PM] |
| Filing 22 Filed clerk order: The answering brief [ # 21 ] submitted by Wells Fargo Bank, 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 submitted to the principal office of the Clerk. [11121230] (KWG) [Entered: 12/14/2018 03:02 PM] |
| Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellee Wells Fargo Bank, N.A.. Date of service: 12/14/2018. [11121080] [18-16278] (Goldenberg, Elaine) [Entered: 12/14/2018 01:55 PM] |
| Filing 20 Filed 4 paper copies of excerpts of record [ # 15 ] in 4 volume(s) filed by Appellant Jacqueline Wegner. [11075375] (KWG) [Entered: 11/07/2018 01:48 PM] |
| Filing 19 Received 7 paper copies of Opening Brief [ # 14 ] filed by Ronille Russell and Jacqueline Wegner. [11075279] (RG) [Entered: 11/07/2018 01:02 PM] |
| Filing 18 Streamlined request [17] by Appellee Wells Fargo Bank, N.A. to extend time to file the brief is approved for All Appellees. Streamlined requests allow for a 30 day extension of time to file the brief. Amended briefing schedule: Appellees Claudia Russ Anderson, Pamela Conboy, Matthew Raphaelson, James M. Strother, John Stumpf, Carrie Tolstedt and Wells Fargo Bank, N.A. answering brief due 01/02/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11073500] (JN) [Entered: 11/06/2018 11:24 AM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Wells Fargo Bank, N.A.. New requested due date is 12/14/2018. [11073432] [18-16278] (Cox, Erin) [Entered: 11/06/2018 11:00 AM] |
| Filing 16 Filed clerk order: The opening brief [ # 14 ] submitted by Appellants 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 CM/ECF. The Court has reviewed the excerpts of record [ # 15 ] submitted by Appellants. 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. [11070194] (GV) [Entered: 11/02/2018 12:21 PM] |
| Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellants Ronille Russell and Jacqueline Wegner. Date of service: 10/31/2018. [11067386] [18-16278] (Heilbrun, Mark) [Entered: 10/31/2018 12:15 PM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellants Ronille Russell and Jacqueline Wegner. Date of service: 10/31/2018. [11067376] [18-16278] (Heilbrun, Mark) [Entered: 10/31/2018 12:11 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion [ # 12 ] for an extension of time to file the opening brief is granted. The opening brief is due October 31, 2018. The answering brief is due December 2, 2018. The optional reply brief is due within 21 days after service of the answering brief. Counsel is reminded that a motion for an extension of time should be accompanied by a declaration stating that the court reporter is not in default with regard to any designated transcripts. See 9th Cir. R. 31-2.2(b)(7). [11034649] (LBS) [Entered: 10/03/2018 06:20 PM] |
| Filing 12 Filed (ECF) Appellants Ronille Russell and Jacqueline Wegner Unopposed Motion to extend time to file Opening brief until 10/31/2018. Date of service: 10/03/2018. [11033195] [18-16278] (Heilbrun, Mark) [Entered: 10/03/2018 07:29 AM] |
| Filing 11 Streamlined request [10] by Appellants Ronille Russell and Jacqueline Wegner to extend time to file the brief is approved in part. Streamlined requests only allow for a 30 day extension of time to file the brief. Amended briefing schedule: Appellants Ronille Russell and Jacqueline Wegner opening brief due 10/10/2018. Appellees Claudia Russ Anderson, Pamela Conboy, Matthew Raphaelson, James M. Strother, John Stumpf, Carrie Tolstedt and Wells Fargo Bank, N.A. answering brief due 11/09/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [10997390] (JN) [Entered: 08/31/2018 10:22 AM] |
| Filing 10 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Ronille Russell and Jacqueline Wegner. New requested due date is 10/12/2018. [10997138] [18-16278] (Heilbrun, Mark) [Entered: 08/31/2018 08:52 AM] |
| Filing 9 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [10981506] (VS) [Entered: 08/20/2018 07:59 AM] |
| Filing 8 Added attorney Maya Perelman for Matthew Raphaelson, in case 18-16278. [10975730] (NAC) [Entered: 08/14/2018 09:43 AM] |
| Filing 7 Filed (ECF) notice of appearance of Maya Perelman for Appellee Matthew Raphaelson. Date of service: 08/13/2018. [10974442] [18-16278] (Perelman, Maya) [Entered: 08/13/2018 11:27 AM] |
| Filing 6 Added attorney Elaine Goldenberg for Wells Fargo Bank, N.A.. [10973515] (RL) [Entered: 08/10/2018 02:55 PM] |
| Filing 5 Filed (ECF) notice of appearance of Elaine J. Goldenberg for Appellee Wells Fargo Bank, N.A.. Date of service: 08/10/2018. [10973472] [18-16278] (Goldenberg, Elaine) [Entered: 08/10/2018 02:41 PM] |
| Filing 4 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 08/17/2018, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [10964355] (VS) [Entered: 08/02/2018 03:21 PM] |
| Filing 3 Filed (ECF) Appellants Ronille Russell and Jacqueline Wegner Mediation Questionnaire. Date of service: 07/19/2018. [10948238] [18-16278] (Heilbrun, Mark) [Entered: 07/19/2018 10:38 AM] |
| Filing 2 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire...dismiss the appeal voluntarily... or show cause in writing why this appeal should not be dismissed. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [10947812] (LW) [Entered: 07/19/2018 08:11 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 07/18/2018. Appellants Ronille Russell and Jacqueline Wegner opening brief due 09/10/2018. Appellees Claudia Russ Anderson, Pamela Conboy, Matthew Raphaelson, James M. Strother, John Stumpf, Carrie Tolstedt and Wells Fargo Bank, N.A. answering brief due 10/09/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10937946] (JBS) [Entered: 07/11/2018 09:36 AM] |
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