Max Kay v. Select Portfolio Servicing, In, et al
| MAX KAY |
| FIRST AMERICAN TITLE COMPANY, a limited liability company, WELLS FARGO BANK, N.A., as trustee, on behalf of the holders of The Structured Asset Mortgage Funding Trust 2007-ARI Mortgage Pass-Through Certificates, Series 2007-ARI and SELECT PORTFOLIO SERVICING, INC. |
| 20-55598 |
| June 10, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 6 Received copy of amended notice of appeal from district court. [11776089] (NAC) [Entered: 08/04/2020 07:28 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: CO): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and is frivolous and has denied appellants motion to proceed in forma pauperis for this appeal. See 28 U.S.C. 1915(a). This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If appellant files a statement that the appeal should go forward, appellee may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [11761444] (CKP) [Entered: 07/22/2020 08:09 AM] |
| Filing 4 Fee status changed ( [Case Number 20-55598: Due] ). [11758781] (CO) [Entered: 07/20/2020 01:15 PM] |
| Filing 3 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11718837] (CKP) [Entered: 06/11/2020 12:58 PM] |
| Filing 2 Received copy of District Court order filed on 06/03/2020. denying APPLICATION for Leave to Appeal in forma pauperis [11718810]--[Edited 06/11/2020 by NAC] (NAC) [Entered: 06/11/2020 12:45 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Max Kay opening brief due 08/03/2020. Appellees First American Title Company, Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A. answering brief due 09/01/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11717076] (JPD) [Entered: 06/10/2020 09:20 AM] |
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| Plaintiff / appellant: MAX KAY | |
| Represented By: | Max Kay |
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| Defendant / appellee: FIRST AMERICAN TITLE COMPANY, a limited liability company | |
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| Defendant / appellee: WELLS FARGO BANK, N.A., as trustee, on behalf of the holders of The Structured Asset Mortgage Funding Trust 2007-ARI Mortgage Pass-Through Certificates, Series 2007-ARI | |
| Represented By: | Rebecca L. Wilson Esquire |
| Represented By: | Steven M. Dailey Esquire |
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| Defendant / appellee: SELECT PORTFOLIO SERVICING, INC. | |
| Represented By: | Rebecca L. Wilson Esquire |
| Represented By: | Steven M. Dailey Esquire |
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