Henry Hewitt, et al v. Select Portfolio Servicing, In, et al
| JOHN DOES, 1-10 and QUALITY LOAN SERVICE CORPORATION |
| WELLS FARGO BANK, N.A., as Trustee for Securitized Asset Backed Receivables LLC Trust 2006-FR1 Mortgage Pass-Through Certificates, Series 2006-FR1 and SELECT PORTFOLIO SERVICING, INC. |
| NANCY HEWITT and HENRY HEWITT |
| 19-35799 |
| September 17, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 9 MANDATE ISSUED. (BGS, WAF and JBR) [11498423] (NAC) [Entered: 11/14/2019 07:45 AM] |
| Filing 8 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON) : A review of the record and the responses to this courts order to show cause demonstrates that this court lacks jurisdiction over this appeal because the September 13, 2019 notice of appeal was not filed within 30 days after the district courts judgment entered on July 23, 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). We decline to construe appellants October 3, 2019 response to this courts order to show cause as a motion to extend the time to appeal because Federal Rule of Appellate Procedure 4(a)(5) requires that a motion to extend the time to appeal be filed in the district court within 30 days after the time to appeal expires. See 28 U.S.C. 2107(c); Fed. R. App. P. 4(a)(5)(C) (motion to extend time to appeal must be filed in the district court within 30 days after the time to appeal expires); Fed. R. App. P. 26(b)(1) (court of appeal may not extend time to file a notice of appeal except as authorized in Fed. R. App. P. 4); Malone v. Avenenti, 850 F.2d 569, 572 (9th Cir. 1988) (Fed. R. App. P. 4(a)(5) requires a formal motion in the district court for extension of time to appeal). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11474932] (RT) [Entered: 10/23/2019 02:08 PM] |
| Filing 7 Filed (ECF) Appellees Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A. response to order to show cause dated 09/18/2019. Date of service: 10/09/2019. [11460011] [19-35799] (Courser, Donald) [Entered: 10/09/2019 04:32 PM] |
| Filing 6 Added Attorney Donald Jeffrey Courser for Appellees Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A., in case 19-35799. [11459979] (HH) [Entered: 10/09/2019 04:14 PM] |
| Filing 5 Filed (ECF) notice of appearance of Donald Jeffrey Courser (Stoel Rives LLP, 760 SW Ninth Avenue, Suite 3000, Portland, OR 97205) for Appellees Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A.. Date of service: 10/09/2019. (Party was previously proceeding with counsel.) [11459964] [19-35799] (Courser, Donald) [Entered: 10/09/2019 04:06 PM] |
| Filing 4 Received copy of District Court order filed on 10/08/2019. Denying defendant's motion for sanctions and plaintiffs' motion to proceed In Forma Pauperis. [11457990] (NAC) [Entered: 10/08/2019 01:04 PM] |
| Filing 3 Filed Appellants Henry Hewitt and Nancy Hewitt response to order to show cause. [11453437] (NAC) [Entered: 10/03/2019 03:08 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): The district courts judgment was entered on the docket on July 23, 2019. Appellants notice of appeal was filed in the district court on September 13, 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). Within 14 days after the date of this order, appellants shall move for voluntary dismissal of the appeal, or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do 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. [11435850] (CKP) [Entered: 09/18/2019 12:48 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTS. SEND MQ: No. The schedule is set as follows: Appellants Henry Hewitt and Nancy Hewitt opening brief due 11/12/2019. Appellees Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A. answering brief due 12/12/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11434932] (JPD) [Entered: 09/17/2019 04:52 PM] |
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