Nevada Capital Insurance Co. v. Sego Contractors, Inc., et al
| KAROMA PROPERTIES, LLC, an Oregon limited-liability company, SEGOVIANO LEASING, INC., an Oregon corporation, MICHAEL SEGOVIANO, an individual, AKA Miguel Segoviano, SEGO REAL ESTATE GROUP, LLC, SERVICE EXPRESS GROUP OREGON, INC., an Oregon corporation and SEGO CONTRACTORS, INC., an Oregon corporation |
| NEVADA CAPITAL INSURANCE COMPANY, a Nevada corporation |
| H.D., an individual identified by a pseudonym |
| 20-35297 |
| April 1, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Insurance |
Docket Report
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| Filing 51 Filed order (Deputy Clerk: SJS): Pursuant to the stipulation of the parties (Docket Entry No. [ # 50 ]), this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. [12616433] (AF) [Entered: 12/22/2022 11:16 AM] |
| Filing 50 Filed (ECF) Appellant H.D. Stipulated Motion to dismiss the case. Date of service: 12/20/2022. [12615241] [20-35297] (Bonaparte, Robert) [Entered: 12/20/2022 04:20 PM] |
| Filing 49 Filed clerk order (Deputy Clerk: SSR): The appellant filed a status report at Docket Entry No. [ # 47 ] stating that the parties were participating in mediation. Within 14 days after the date of this order, appellant shall submit: (1) a status report and motion for appropriate relief; or (2) a motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b). If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. [12615107] (RT) [Entered: 12/20/2022 02:51 PM] |
| Filing 48 Filed (ECF) Appellant H.D. Correspondence: Notice of Change of Address. Date of service: 12/20/2021 [12320866] [20-35297] (Bonaparte, Robert) [Entered: 12/20/2021 02:47 PM] |
| Filing 47 Filed (ECF) Appellant H.D. status report (as required by Court order dated 09/07/2021). Date of service: 11/08/2021 [12281620] [20-35297] (Dahab, Nadia) [Entered: 11/08/2021 03:07 PM] |
| Filing 46 Filed (ECF) Attorney Thomas Lether for Appellee Nevada Capital Insurance Company response to notice for case being considered for oral argument. Date of service: 10/28/2021. [12272205] [20-35297] (Lether, Thomas) [Entered: 10/28/2021 03:39 PM] |
| Filing 45 This case is being considered for an upcoming oral argument calendar in Portland Please review the Portland sitting dates for February 2022 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 : Correspondence to Court; Subject : request for mediation).[12261926]. [20-35297] (KS) [Entered: 10/19/2021 03:21 PM] |
| Filing 44 Filed clerk order (Deputy Clerk: OC): The parties joint motion (Dkt. No. [ # 43 ]) to postpone the oral argument scheduled for October 6, 2021 is granted and submission is deferred. This appeal shall be held in abeyance pending further order of the Court. Within 60 days of this order, the appellants shall dismiss the appeal or provide a report as to the status of their pending mediation. [12221284] (OC) [Entered: 09/07/2021 10:34 AM] |
| Filing 43 Filed (ECF) Appellant H.D. Stipulated Motion to continue hearing of case. Date of service: 09/03/2021. [12219804] [20-35297] (Dahab, Nadia) [Entered: 09/03/2021 09:49 AM] |
| Filing 42 Notice of Oral Argument on Wednesday, October 6, 2021 - 09:00 A.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you will have the option to appear in person at the Courthouse or remotely by video. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 Wednesday, October 6, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12182127]. [20-35297] (KS) [Entered: 07/25/2021 06:09 AM] |
| Filing 41 This case is being considered for an upcoming oral argument calendar in Portland Please review the Portland sitting dates for October 2021 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 : Correspondence to Court; Subject : request for mediation).[12133549]. [20-35297] (KS) [Entered: 06/04/2021 08:51 AM] |
| Filing 40 Received 6 paper copies of Answering Brief [ # 36 ] filed by Nevada Capital Insurance Company. [12101992] (SD) [Entered: 05/04/2021 03:51 PM] |
| Filing 39 Received 3 paper copies of supplemental excerpts of record [ # 37 ] in 1 volume(s) filed by Appellee Nevada Capital Insurance Company. [12101969] (KWG) [Entered: 05/04/2021 03:42 PM] |
| Filing 38 Filed clerk order: The answering brief [ # 36 ] submitted by Nevada Capital Insurance Company is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 supplemental excerpts of record [ # 37 ] submitted by Nevada Capital Insurance Company are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12098462] (SML) [Entered: 04/30/2021 02:16 PM] |
| Filing 37 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Nevada Capital Insurance Company. Date of service: 04/21/2021. [12082283] [20-35297]--[COURT UPDATE: Attached corrected excerpts and updated entry to reflect correct excerpts type. 04/30/2021 by SML] (Lether, Thomas) [Entered: 04/21/2021 12:52 PM] |
| Filing 36 Submitted (ECF) Answering Brief for review. Submitted by Appellee Nevada Capital Insurance Company. Date of service: 04/21/2021. [12082279] [20-35297]--[COURT UPDATE: Attached corrected brief. 04/30/2021 by SML] (Lether, Thomas) [Entered: 04/21/2021 12:51 PM] |
| Filing 35 Received 6 paper copies of Opening Brief [ # 31 ] filed by H.D.. [12064139] (SD) [Entered: 04/05/2021 04:01 PM] |
| Filing 34 Received 3 paper copies of excerpts of record [ # 32 ] in 1 volume(s) filed by Appellant H.D.. [12063758] (KWG) [Entered: 04/05/2021 01:45 PM] |
| Filing 33 Filed clerk order: The opening brief [ # 31 ] submitted by H.D. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 excerpts of record [ # 32 ] submitted by H.D. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12053741] (SML) [Entered: 03/25/2021 03:40 PM] |
| Filing 32 Submitted (ECF) excerpts of record. Submitted by Appellant H.D.. Date of service: 03/22/2021. [12049390] [20-35297] (Dahab, Nadia) [Entered: 03/22/2021 01:58 PM] |
| Filing 31 Submitted (ECF) Opening Brief for review. Submitted by Appellant H.D.. Date of service: 03/22/2021. [12049379] [20-35297] (Dahab, Nadia) [Entered: 03/22/2021 01:54 PM] |
| Filing 30 Filed clerk order (Deputy Clerk: LKK): Appellants unopposed motion (Docket Entry No. [ # 29 ] ) for an extension of time to file the opening brief is granted. The opening brief is due March 22, 2021. The answering brief is due April 21, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12010331] (RT) [Entered: 02/19/2021 04:05 PM] |
| Filing 29 Filed (ECF) Appellant H.D. Unopposed Motion to extend time to file Opening brief until 03/22/2021. Date of service: 02/11/2021. [12001388] [20-35297] (Dahab, Nadia) [Entered: 02/11/2021 04:50 PM] |
| Filing 28 Filed clerk order (Deputy Clerk: LKK):(ECF Filing) filed by Appellant H.D.; Granting Motion [ # 27 ] (ECF Filing) motion to extend time to file brief filed by Appellant H.D.. Appellant H.D. opening brief due 02/18/2021. Appellee Nevada Capital Insurance Company answering brief due 03/22/2021. The optional reply brief is due 21 days after service of the answering brief. [11962146] (LKK) [Entered: 01/13/2021 11:25 AM] |
| Filing 27 Filed (ECF) Appellant H.D. Unopposed Motion to extend time to file Opening brief until 02/18/2021. Date of service: 01/12/2021. [11961563] [20-35297] (Dahab, Nadia) [Entered: 01/12/2021 05:49 PM] |
| Filing 26 Added Attorney(s) Nadia H. Dahab for party(s) Appellant H.D., in case 20-35297. [11958248] (NAC) [Entered: 01/11/2021 08:52 AM] |
| Filing 25 Filed (ECF) notice of appearance of Nadia H. Dahab (Sugerman Law Office, 707 SW Washington St. Ste. 600, Portland, OR 97205) for Appellant H.D.. Date of service: 01/11/2021. (Party was previously proceeding with counsel.) [11958240] [20-35297] (Dahab, Nadia) [Entered: 01/11/2021 08:46 AM] |
| Filing 24 Filed clerk order (Deputy Clerk: SSR): Appellants opposed motion (Docket Entry No. [ # 22 ] ) to stay appellate proceedings is denied. The opening brief is now due January 19, 2021. The answering brief is due February 18, 2021. The optional reply brief is due within 21 days after service of the answering brief. [11914572] (RT) [Entered: 12/03/2020 04:27 PM] |
| Filing 23 Filed (ECF) Appellee Nevada Capital Insurance Company response to motion ([ # 22 ] Motion (ECF Filing), [ # 22 ] Motion (ECF Filing)). Date of service: 11/19/2020. [11899738] [20-35297] (Lether, Thomas) [Entered: 11/19/2020 02:41 PM] |
| Filing 22 Filed (ECF) Appellant H.D. Motion to stay appellate proceedings. Date of service: 11/18/2020. [11897556] [20-35297] (Bonaparte, Robert) [Entered: 11/18/2020 12:01 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: SSR): Appellant failed to file a periodic status report as required by the September 9, 2020 order at Docket Entry No. [ # 20 ]. The stay of appellate proceedings is lifted. The opening brief is due December 17, 2020. The answering brief is due January 19, 2021. The optional reply brief is due within 21 days after service of the answering brief. [11896401] (JBS) [Entered: 11/17/2020 03:28 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: LKK): Appellants opposed motion (Docket Entry No. [ # 18 ] ) to stay appellate proceedings is granted. The previously established briefing schedule is vacated. Appellate proceedings are stayed until November 9, 2020. If no motion for further relief is filed before this date, the briefing schedule will be reset in a future order. [11818200] (RT) [Entered: 09/09/2020 04:36 PM] |
| Filing 19 Filed (ECF) Appellee Nevada Capital Insurance Company response to motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing)). Date of service: 09/08/2020. [11816447] [20-35297] (Lether, Thomas) [Entered: 09/08/2020 04:05 PM] |
| Filing 18 Filed (ECF) Appellant H.D. Motion to stay appellate proceedings. Date of service: 08/28/2020. [11806304] [20-35297] (Bonaparte, Robert) [Entered: 08/28/2020 01:42 PM] |
| Filing 17 Filed order (BARRY G. SILVERMAN, M. MARGARET MCKEOWN and DANIEL A. BRESS): Appellees motion to dismiss this appeal for lack of jurisdiction (Docket Entry No. [ # 11 ]) is denied without prejudice to renewing the arguments in the answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The opening brief and excerpts of record are due September 23, 2020; the answering brief is due October 23, 2020; and the optional reply brief is due within 21 days after service of the answering brief. [11800354] (AF) [Entered: 08/24/2020 01:51 PM] |
| Filing 16 Filed (ECF) Appellee Nevada Capital Insurance Company reply to response (). Date of service: 07/29/2020. [11771264] [20-35297] (Lether, Thomas) [Entered: 07/29/2020 05:13 PM] |
| Filing 15 Filed (ECF) Appellant H.D. response to motion ([ # 11 ] Motion (ECF Filing), [ # 11 ] Motion (ECF Filing)). Date of service: 07/22/2020. [11762433] [20-35297] (Bonaparte, Robert) [Entered: 07/22/2020 03:10 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: SZ): Appellants motion for an extension of time to respond to the motion to dismiss (Docket Entry No. [ # 12 ]) is granted. The response is due July 27, 2020. Briefing remains suspended. [11746205] (RY) [Entered: 07/08/2020 02:19 PM] |
| Filing 13 Filed (ECF) Appellee Nevada Capital Insurance Company response to motion ([ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing) motion to extend time to file response). Date of service: 06/24/2020. [11731857] [20-35297] (Lether, Thomas) [Entered: 06/24/2020 09:53 AM] |
| Filing 12 Filed (ECF) Appellant H.D. Motion to extend time to file a response until 07/27/2020. Date of service: 06/23/2020. [11730613] [20-35297] (Bonaparte, Robert) [Entered: 06/23/2020 11:44 AM] |
| Filing 11 Filed (ECF) Appellee Nevada Capital Insurance Company Motion to dismiss the case. Date of service: 06/15/2020. [11722337] [20-35297]--[COURT UPDATE: Attached correct PDF of declaration. 06/15/2020 by SLM] (Lether, Thomas) [Entered: 06/15/2020 03:54 PM] |
| Filing 10 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11701646] (CL) [Entered: 05/26/2020 05:42 PM] |
| Filing 9 Filed text clerk order (Deputy Clerk: RY): Updated deadlines. Automatic 60-day extension (notice/motion filed at Docket Entry No. [ # 8 ]) Appellant H.D. opening brief due 07/31/2020. Appellee Nevada Capital Insurance Company answering brief due 08/31/2020. The optional reply brief is due 21 days after service of the answering brief. [11701326] (RY) [Entered: 05/26/2020 03:43 PM] |
| Filing 8 Filed (ECF) Appellant H.D. Correspondence: COVID-19 Notice of extension to file opening brief.. Date of service: 05/26/2020 [11700891] [20-35297] (Bonaparte, Robert) [Entered: 05/26/2020 01:39 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 05/12/2020, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11671038] (CL) [Entered: 04/24/2020 12:35 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 04/15/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11662426]. [20-35297] (AD) [Entered: 04/15/2020 06:44 PM] |
| Filing 5 Filed (ECF) Appellant H.D. Mediation Questionnaire. Date of service: 04/15/2020. [11661967] [20-35297] (Bonaparte, Robert) [Entered: 04/15/2020 01:54 PM] |
| Filing 4 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 or dismiss the appeal voluntarily. [11661915] (LW) [Entered: 04/15/2020 01:29 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 04/08/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11655900]. [20-35297] (AD) [Entered: 04/08/2020 06:45 PM] |
| Filing 2 Filed (ECF) Appellee Nevada Capital Insurance Company Mediation Questionnaire. Date of service: 04/08/2020. [11655790] [20-35297] (Lether, Thomas) [Entered: 04/08/2020 04:06 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant H.D. Mediation Questionnaire due on 04/08/2020. Appellant H.D. opening brief due 06/01/2020. Appellee Nevada Capital Insurance Company answering brief due 07/01/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11648997] (JBS) [Entered: 04/01/2020 02:43 PM] |
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