NationStar Mortgage, LLC v. Patrick Soria
| PATRICK JOSEPH SORIA |
| NATIONSTAR MORTGAGE LLC |
| 18-55728 |
| June 8, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 34 MANDATE ISSUED.(RCF, CMC and JBO) Costs taxed against Appellant in the amount of $1,907.40. [11222747] (RR) [Entered: 03/11/2019 11:55 AM] |
| Filing 33 Filed (ECF) Appellee Nationstar Mortgage LLC bill of costs (Form 10) in the amount of $1,907.40 USD. Date of service: 03/04/2019 [11215001] [18-55728] (Burnett, Timothy) [Entered: 03/04/2019 01:56 PM] |
| Filing 32 FILED MEMORANDUM DISPOSITION (RAYMOND C. FISHER, CONSUELO M. CALLAHAN and JOHN B. OWENS) We grant Nationstars motion to supplement the record on appeal (Dkt. No. [ # 15 ]). AFFIRMED;FILED AND ENTERED JUDGMENT. [11191726] (SD) [Entered: 02/15/2019 10:25 AM] |
| Filing 31 SUBMITTED ON THE BRIEFS TO RAYMOND C. FISHER, CONSUELO M. CALLAHAN and JOHN B. OWENS. [11188857] (Witt, Dusty) [Entered: 02/13/2019 12:24 PM] |
| Filing 30 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 February 13, 2019, in Pasadena, California. Fed. R. App. P. 34(a)(2). [11159653] (AF) [Entered: 01/18/2019 03:28 PM] |
| Filing 29 Filed (ECF) Acknowledgment of hearing notice by Attorney Jered T. Ede for Appellee Nationstar Mortgage LLC. Hearing in Pasadena on 02/13/2019 at 09:30 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/11/2019. [11150757] [18-55728]--[COURT UPDATE: Edited docket text to reflect correct hearing date. 01/11/2019 by RY] (Ede, Jered) [Entered: 01/11/2019 03:58 PM] |
| Filing 28 Filed (ECF) Appellant Patrick Joseph Soria Correspondence: Explanation regarding current civil contempt incarceration and request to appear at oral argument set for February 13th, 2019.. Date of service: 12/28/2018 [11136398] [18-55728] (Soria, Patrick) [Entered: 12/28/2018 04:41 PM] |
| Filing 27 Filed (ECF) Acknowledgment of hearing notice by Party Patrick Joseph Soria. Hearing in Pasadena on 02/13/2019 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/17/2018. [11122347] [18-55728] (Soria, Patrick) [Entered: 12/17/2018 11:37 AM] |
| Filing 26 Notice of Oral Argument on Wednesday, February 13, 2019 - 09:30 A.M. - Courtroom 1 - Pasadena 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). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form and within 21 days of Wednesday, February 13, 2019, file the completed form via Appellate CM/ECF. [11105993] (AW) [Entered: 12/02/2018 06:11 AM] |
| Filing 25 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 2019 and the two 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 inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). 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 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11061558] (AW) [Entered: 10/26/2018 10:00 AM] |
| Filing 24 Received 7 paper copies of Reply Brief [ # 22 ] filed by Patrick Joseph Soria. [11035910] (SD) [Entered: 10/04/2018 03:30 PM] |
| Filing 23 Filed clerk order: The reply brief [ # 22 ] submitted by Patrick Joseph Soria 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: not applicable. 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. [11032024] (KT) [Entered: 10/02/2018 11:21 AM] |
| Filing 22 Submitted (ECF) Reply Brief for review. Submitted by Appellant Patrick Joseph Soria. Date of service: 10/01/2018. [11031392] [18-55728] (Soria, Patrick) [Entered: 10/01/2018 06:33 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: TAH): The appellees motion (Docket Entry No. [ # 15 ]) to supplement the record on appeal in order to correct an omission of a signature page in the record, and any response thereto, is referred for disposition to the panel that considers the merits of the case. [11015317] (WL) [Entered: 09/18/2018 11:17 AM] |
| Filing 20 Received 7 paper copies of Answering Brief [ # 13 ] filed by Nationstar Mortgage LLC. [11010574] (RG) [Entered: 09/13/2018 12:27 PM] |
| Filing 19 Filed 4 paper copies of excerpts of record [ # 14 ] in 12 volume(s) filed by Appellee Nationstar Mortgage LLC. [11010432] (KT) [Entered: 09/13/2018 11:37 AM] |
| Filing 18 Added attorney Yevgeniya M. Kutepova for Nationstar Mortgage LLC, in case 18-55728. [11007374] (NAC) [Entered: 09/11/2018 11:21 AM] |
| Filing 17 Filed (ECF) notice of appearance of Yevgenia M Kutepova for Appellee Nationstar Mortgage LLC. Date of service: 09/11/2018. [11007334] [18-55728] (Kutepova, Yevgeniya) [Entered: 09/11/2018 11:03 AM] |
| Filing 16 Filed clerk order: The answering brief [ # 13 ] submitted by Nationstar Mortgage LLC 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 [ # 14 ] submitted by Nationstar Mortgage LLC. 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. [11007070] (KT) [Entered: 09/11/2018 09:31 AM] |
| Filing 15 Filed (ECF) Appellee Nationstar Mortgage LLC Motion to supplement record on appeal. Date of service: 09/10/2018. [11006765] [18-55728] (Burnett, Timothy) [Entered: 09/10/2018 05:43 PM] |
| Filing 14 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Nationstar Mortgage LLC. Date of service: 09/10/2018. [11006757] [18-55728] (Burnett, Timothy) [Entered: 09/10/2018 05:34 PM] |
| Filing 13 Submitted (ECF) Answering Brief for review. Submitted by Appellee Nationstar Mortgage LLC. Date of service: 09/10/2018. [11006750] [18-55728] (Burnett, Timothy) [Entered: 09/10/2018 05:27 PM] |
| Filing 12 Filed original and 3 copies of Appellant Patrick Joseph Soria (Informal: No) opening brief of 51 pages and 5 copies of exhibits in 2 volumes. Served on 07/26/2018. [10980134] (KT) [Entered: 08/17/2018 09:30 AM] |
| Filing 11 Filed clerk order (Deputy Clerk: MF): The order filed on August 16, 2018 (Docket Entry No. [ # 10 ]) is vacated and is replaced with this order. Appellants unopposed application for relief from failure to timely file the opening brief is granted (Docket Entry No. [ # 4 ]). Appellants motion to withdraw the opening brief and submit a substitute oversized opening brief is granted (Docket Entry No. [ # 8 ]). The Clerk shall strike the opening briefs received on July 10, 2018 and July 24, 2018 (Docket Entry Nos. [3], [6]) and shall file the opening brief received on August 9, 2018 (Docket Entry No. [ # 9 ]). The answering brief is due on September 10, 2018. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. Appellees supplemental excerpts of record are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in appellees brief. See 9th Cir. R. 30-1.7. [10979906] (WL) [Entered: 08/16/2018 04:50 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: MF): Appellants unopposed application for relief from failure to timely file the opening brief is granted (Docket Entry No. [ # 4 ]). Appellants motion to withdraw the opening brief and submit a substitute oversized opening brief is granted (Docket Entry No. [ # 8 ]). The Clerk shall strike the opening brief received on July 10, 2018 (Docket Entry No. [3]) and shall file the opening brief received on August 9, 2018 (Docket Entry No. [6]). The answering brief is due on September 10, 2018. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. Appellees supplemental excerpts of record are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in appellees brief. See 9th Cir. R. 30-1.7. [10979824] (WL) [Entered: 08/16/2018 04:16 PM] |
| Filing 9 Received original and 3 copies of Appellant Patrick Joseph Soria opening brief (Informal: No) 51 pages. Served on 07/26/2018. Major deficiencies: motion pending. [10973517] (KT) [Entered: 08/10/2018 02:57 PM] |
| Filing 8 Filed Appellant Patrick Joseph Soria Motion Requesting Permission to Withdraw Opening Brief and File Oversized Substitute Brief. Deficiencies: None. Served on 07/26/2018. [10973510] (KT) [Entered: 08/10/2018 02:55 PM] |
| Filing 7 Filed (ECF) Appellee NationStar Mortgage, LLC Correspondence: Clarification of briefing schedule, Appellant's lack of correction of deficiencies.. Date of service: 08/09/2018 [10971449] [18-55728] (Burnett, Timothy) [Entered: 08/09/2018 10:17 AM] |
| Filing 6 STRICKEN PER ORDER [ # 11 ]. Received original and 6 copies of Appellant Patrick Joseph Soria opening brief (Informal: No) 51 pages and 5 copies of exhibits in 2 volumes. Served on 07/24/2018. Major deficiencies: Opening brief already received . Notified appellant. [10956802] (KT) [Entered: 07/26/2018 03:52 PM] |
| Filing 5 Filed (ECF) Appellee NationStar Mortgage, LLC response to motion ([ # 4 ] Party Motion). Date of service: 07/16/2018. [10943517] [18-55728] (Burnett, Timothy) [Entered: 07/16/2018 12:10 PM] |
| Filing 4 Filed Appellant Patrick Joseph Soria application for relief from failure to timely file opening brief. Deficiencies: None. Served on 07/10/2018. [10939149] (RR) [Entered: 07/11/2018 05:27 PM] |
| Filing 3 STRICKEN PER ORDER [ # 11 ]. Received original and 6 copies of Appellant Patrick Joseph Soria opening brief (Informal: No) 69 pages. Served on 07/09/2018. Major deficiencies: Brief is oversized. Notified appellant. [10938547] (KT) [Entered: 07/11/2018 01:19 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The appeal filed June 5, 2018 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule shall be established as follows: appellants opening brief is due July 9, 2018; appellees answering brief is due August 6, 2018; and appellants optional reply brief is due within 21 days after service of the answering brief. The appeal and any motions pending at the time briefing is completed shall be referred to the next available motions panel for disposition. The parties are reminded that streamlined requests for extensions of time are not available in preliminary injunction appeals. See http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000638. Any request for an extension of time must be requested under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [10912370] (CKP) [Entered: 06/18/2018 01:07 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: To be set. Preliminary Injunction, C.R. 3-3 [10901525] (JBS) [Entered: 06/08/2018 09:17 AM] |
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