Sergey Kislyanka, et al v. Clear Recon Corp, et al
| SERGEY KISLYANKA, an Individual and VERA KISLYANKA, an Individual |
| CLEAR RECON CORP, DOES, 1 through 20 inclusive and WELLS FARGO BANK, N.A., as successor in interest by merger to Wells Fargo Home Mortgage; as Trustee for the Holders of the MLMI Trust, Mortgage Loan Asset Backed Certificates, Series 2004-FM1 |
| 20-35366 |
| April 29, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Document Text |
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| Filing 5 Filed (ECF) Appellant Sergey Kislyanka response to order to show cause dated 05/01/2020. Date of service: 06/26/2020. [11735359] [20-35366] (Kislyanka, Sergey) [Entered: 06/26/2020 03:46 PM] |
| Filing 4 Streamlined request [3] by Appellants Sergey Kislyanka and Vera Kislyanka to extend time to file the brief is not approved because per this Court's order of 05/01/2020 ([ # 2 ]), briefing is suspended pending further order of the court. [11731350] (JN) [Entered: 06/23/2020 04:46 PM] |
| Filing 3 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Sergey Kislyanka. New requested due date is 07/29/2020. [11731301] [20-35366] (Kislyanka, Sergey) [Entered: 06/23/2020 04:26 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CO): The district courts judgment was entered on the docket on March 24, 2020. Appellants notice of appeal was filed in the district court on April 28, 2020. 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). The record reflects that appellants have not filed a motion in the district court to extend or reopen time for appeal and that the notice of appeal was due during the COVID-19 public health crisis. See Fed R. App. P. 4(a)(5), (6); Fed. R. Civ. P. 6. Within 60 days after the date of this order, appellants must 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 appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11677973] (CKP) [Entered: 05/01/2020 12:16 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTS. SEND MQ: No. The schedule is set as follows: Appellants Sergey Kislyanka and Vera Kislyanka opening brief due 06/29/2020. Appellees Clear Recon Corp, Does and Wells Fargo Bank, N.A. answering brief due 07/29/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11675557] (JBS) [Entered: 04/29/2020 11:50 AM] |
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| Plaintiff / appellant: SERGEY KISLYANKA, an Individual | |
| Represented By: | Sergey Kislyanka |
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| Plaintiff / appellant: VERA KISLYANKA, an Individual | |
| Represented By: | Vera Kislyanka |
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| Defendant / appellee: CLEAR RECON CORP | |
| Represented By: | Kimberly Hood |
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| Defendant / appellee: DOES, 1 through 20 inclusive | |
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| Defendant / appellee: WELLS FARGO BANK, N.A., as successor in interest by merger to Wells Fargo Home Mortgage; as Trustee for the Holders of the MLMI Trust, Mortgage Loan Asset Backed Certificates, Series 2004-FM1 | |
| Represented By: | Robert A. Bailey |
| Represented By: | Justin T. Jastrzebski |
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