David Graves, et al v. Caliber Home Loan, et al
| US BANK TRUST US BANK TRUST NA, LSF9 Master Participation Trust and CALIBER HOME LOAN |
| JANE GRAVES and DAVID E. GRAVES |
| 19-35624 |
| July 24, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 7 Filed order (KIM MCLANE WARDLAW, JACQUELINE H. NGUYEN and ANDREW D. HURWITZ) A review of the record and the parties responses to this courts July 29, 2019 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the July 24, 2019 notice of appeal was not filed within 30 days after the district courts judgment entered on May 21, 2019. See 28 U.S.C. 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Bowles v. Russell, 551 U.S. 205 (2007) (court lacks authority to create equitable exceptions to jurisdictional requirement of timely notice of appeal); Aldabe v. Aldabe, 616 F.2d 1089, 1091 (9th Cir. 1980) (notice of appeal is timely filed if received by the district court within the applicable period specified in Fed. R. App. P. 4). Moreover, we cannot construe appellants response to this courts July 29, 2019 order to show cause to be a motion for an extension of time to appeal because such a motion would be untimely. See Fed. R. App. P. 4(a)(5)(A)(i) (motion must be filed within 30 days after the time to appeal expires); see also Malone v. Avenenti, 850 F.2d 569, 572 (9th Cir. 1988) (Rule 4(a)(5) requires a formal motion for extension of time to appeal). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11433559] (WL) [Entered: 09/17/2019 08:24 AM] |
| Filing 6 Filed (ECF) Appellees Caliber Home Loan and US Bank Trust US Bank Trust NA response to order to show cause dated 07/29/2019. Date of service: 08/15/2019. [11398094] [19-35624] (Abbott, Thomas) [Entered: 08/15/2019 09:59 AM] |
| Filing 5 Filed Appellants David E. Graves and Jane Graves response to order to show cause. No proof of service. [11397496] (RR) [Entered: 08/14/2019 03:28 PM] |
| Filing 4 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 08/12/2019. [11395922] (RT) [Entered: 08/13/2019 01:18 PM] |
| Filing 3 Check number 25934474496 in the amount of $505.00, forwarded to district court. (See Case Files) [11391487] (JR) [Entered: 08/08/2019 02:12 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on May 21, 2019. Appellants notice of appeal was received by this court on July 3, 2019 and filed in the district court on July 24, 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. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A), 4(c); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); see also Fed. R. App. P. 4(d). 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. [11379309] (CKP) [Entered: 07/29/2019 11:07 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTS. SEND MQ: No. The schedule is set as follows: Appellants David E. Graves and Jane Graves opening brief due 09/24/2019. Appellees Caliber Home Loan and US Bank Trust US Bank Trust NA answering brief due 10/24/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11375803] (RT) [Entered: 07/24/2019 04:40 PM] |
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