Marta Lyall v. Bank of America, et al
| U.S. BANK, RUSHMORE LOAN MANAGEMENT SERVICES, LLC, BANK OF AMERICA, JOHN AND JANE DOES, 1-7 and FIRST AMERICAN TITLE |
| MARTA D. LYALL |
| 21-35079 |
| February 1, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 9 MANDATE ISSUED. (WCC, SPG and MTF) [12031658] (QDL) [Entered: 03/11/2021 07:43 AM] |
| Filing 8 Filed order (WILLIAM C. CANBY, SUSAN P. GRABER and MICHELLE T. FRIEDLAND) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the December 14, 2020 notice of appeal was not filed within 30 days after the district courts judgment entered on April 24, 2020. 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 Fed. R. App. P. 4(a)(6)(B) (motion to reopen time to appeal must be filed within 180 days after entry of the judgment or within 14 days after receiving notice of the entry of judgment, whichever is earlier); In re Stein, 197 F.3d 421, 425 (9th Cir. 2000) (Fed. R. App. P. 4(a)(6) is exclusive means for extending time to appeal based on lack of notice and district courts lack discretion to grant motions to reopen that fall outside the time limits under Fed. R. App. P. 4(a)(6)). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12007145] (JMR) [Entered: 02/17/2021 03:45 PM] |
| Filing 7 Terminated Barbara L. Bollero for First American Title in 21-35079 [11992675] (QDL) [Entered: 02/04/2021 11:10 AM] |
| Filing 6 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Ms. Barbara L. Bollero, Esquire for Appellee First American Title. Party proceeding without counsel: No. Date of service: 02/04/2021. [11992672] [21-35079] (Bailey, Robert) [Entered: 02/04/2021 11:09 AM] |
| Filing 5 Filed (ECF) notice of appearance of Robert A. Bailey (Anglin Flewelling & Rasmussen LLP, 301 N Lake Ave, Suite 1100, Pasadena, CA 91101) for Appellee First American Title. Date of service: 02/04/2021. (Party was previously proceeding with counsel.) [11992657] [21-35079] (Bailey, Robert) [Entered: 02/04/2021 11:04 AM] |
| Filing 4 Added Attorney(s) Jan T. Chilton, Kerry W. Franich for party(s) Appellee Bank of America, in case 21-35079. [11992357] (QDL) [Entered: 02/04/2021 09:06 AM] |
| Filing 3 Filed (ECF) notice of appearance of Jan T. Chilton (Severson and Werson, One Embarcadero Center, 26th Fl., San Francisco, CA 94111) for Appellee Bank of America. Date of service: 02/04/2021. (Party was previously proceeding with counsel.) [11992353] [21-35079] (Chilton, Jan) [Entered: 02/04/2021 09:04 AM] |
| Filing 2 Filed (ECF) notice of appearance of Kerry W. Franich (Severson and Werson, 19100 Von Karman Ave., #700, Irvine, CA 92612) for Appellee Bank of America. Date of service: 02/04/2021. (Party was previously proceeding with counsel.) [11992343] [21-35079] (Franich, Kerry) [Entered: 02/04/2021 09:01 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Marta D. Lyall opening brief due 04/02/2021. Appellees Bank of America, First American Title, John And Jane Does, Rushmore Loan Management Services, LLC and U.S. Bank answering brief due 05/03/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11987625] (JBS) [Entered: 02/01/2021 09:58 AM] |
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