Russell Stewart v. American General Finance, Inc., et al
| SPRINGLEAF FINANCE COMMERCIAL CORP., AKA Springleaf Financial Services, KEVIN WENTWORTH, WILMINGTON SAVINGS FUND SOCIETY, FSB, DBA Christiana Trust, RUSHMORE LOAN MANAGEMENT SERVICES, LLC, CLEAR RECON CORPORATION, DLJ MORTGAGE CAPITAL, INC., ONEMAIN FINANCIAL SERVICES, FKA Springleaf Financial Services, SPRINGLEAF FINANCIAL SERVICES, INC., AKA American General Finance, Inc., FKA American General Financial Services, Inc., AMERICAN GENERAL FINANCIAL SERVICES, INC., formerly known as American General Finance, Inc., FKA American General Finance, Inc., AMERICAN GENERAL FINANCE, INC., CARLSBAD FUNDING MORTGAGE TRUST, DENNIS ESENWEIN and SELECT PORTFOLIO SERVICING, INC. |
| RUSSELL STEWART |
| 19-17269 |
| November 7, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 4 Received copy of District Court order filed on 11/22/2019 granting plaintiff's motion to proceed in forma pauperis on appeal. [11508601] (QDL) [Entered: 11/22/2019 10:26 AM] |
| Filing 3 Received copy of motion filed in district court re: Motion to extend or re-open the time to appeal. Motion filed by Appellant Russell Stewart. [11508502] (QDL) [Entered: 11/22/2019 09:52 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): The district courts judgment was entered on the docket on September 30, 2019. Appellants notice of appeal was filed in the district court on November 1, 2019. Accordingly, the record suggests that this court may lack jurisdiction over this appeal because the notice of appeal was not filed within 30 days after entry of the district courts judgment, and the district court has not granted a motion to extend or reopen the time to appeal. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c), 4(a)(5), 4(a)(6); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. 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 suspended pending further order of the court. [11495512] (CKP) [Entered: 11/12/2019 09:54 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Transcript ordered by 12/02/2019. Transcript due 12/31/2019. Appellant Russell Stewart opening brief due 02/10/2020. Appellees American General Finance, Inc., American General Financial Services, Inc., Carlsbad Funding Mortgage Trust, Clear Recon Corporation, DLJ Mortgage Capital, Inc., Dennis Esenwein, OneMain Financial Services, Rushmore Loan Management Services, LLC, Select Portfolio Servicing, Inc., Springleaf Finance Commercial Corp., Springleaf Financial Services, Inc., Kevin Wentworth and Wilmington Savings Fund Society, FSB answering brief due 03/10/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11492412] (JPD) [Entered: 11/07/2019 11:10 AM] |
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