Everett Cabrera, et al v. Indymac Bank, F.S.B., et al
| DOES, 1 through 10, inclusive, INDYMAC BANK, F.S.B. and SAL CAMARENA, an individual |
| FEDERAL NATIONAL MORTGAGE ASSOCIATION |
| EVERETT CABRERA |
| 21-55540 |
| May 26, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 9 Filed clerk order (Deputy Clerk: MF): A review of the district courts docket reflects that the district court has certified that this appeal is frivolous and not taken in good faith and has revoked appellants in forma pauperis status. 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, appellees 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. [12185656] (CKP) [Entered: 07/28/2021 01:34 PM] |
| Filing 8 Received copy of District Court order filed on 07/22/2021 ORDER revoking in forma pauperis status on appeal. [12182530] (RL) [Entered: 07/26/2021 10:06 AM] |
| Filing 7 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12171808] (CKP) [Entered: 07/14/2021 05:07 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: CO): On June 2, 2021, this court issued an order staying appellate proceedings pending disposition of the May 6, 2021 motion in the district court. On July 6, 2021, the district court denied the motion. The stay order filed June 2, 2021, is lifted and this appeal shall proceed. Briefing shall proceed as follows: appellants opening brief is due August 13, 2021; appellees answering brief is due September 13, 2021; and appellants optional reply brief is due 21 days from service of appellees answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. [12171234] (WL) [Entered: 07/13/2021 02:07 PM] |
| Filing 5 Filed (ECF) Appellant Mr. Everett Cabrera response to Court order dated 06/02/2021. Date of service: 07/12/2021. [12169629] [21-55540] (Cabrera, Everett) [Entered: 07/12/2021 11:33 AM] |
| Filing 4 Filed order MEDIATION (JW): This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12163189] (WL) [Entered: 07/06/2021 10:50 AM] |
| Filing 3 Filed order MEDIATION (JW): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. As part of a pilot project, the Mediation Program is exploring settlement potential in some cases in which one party is proceeding pro se (representing themselves without the assistance of an attorney). This case is being included in the pilot project. By June 30, 2021, the parties are requested to inform the Circuit Mediator in writing whether the issues on appeal or the underlying dispute might be appropriate for settlement discussions. The written response to this order and all future written or spoken communication with the mediator are strictly confidential mediation communications protected by Ninth Circuit Rule 33-1 and cannot be disclosed outside the mediation process. The written response to this order should not be filed with the court; instead, the response should be sent directly to the Circuit Mediator by email (Jonathan_Westen@ca9.uscourts.gov) or mail (Jonathan Westen, Circuit Mediation Office, U.S. Court of Appeals for the Ninth Circuit, James R. Browning United States Courthouse, P.O. Box 193939, San Francisco, CA 94119-3939). More detailed information about the Mediation Program and its procedures are included in the attachment to this order and on the Mediation Program web site (www.ca9.uscourts.gov/mediation). (SEE ORDER FOR FULL TEXT) [12138502] (WL) [Entered: 06/09/2021 09:34 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MF): On May 23, 2021, appellant filed objections to the order entered in the district court on May 6, 2021. Appellants May 23, 2021 filing challenges the district courts order entered on May 6, 2021 and could be construed as a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). If so, the May 24, 2021 notice of appeal is ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court will be held in abeyance pending the district courts ruling as to whether appellants May 23, 2021 filing is a motion listed in Federal Rule of Appellate Procedure 4(a)(4) and if so, the district courts resolution of the motion. See Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 10 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the May 23, 2021 motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12130484] (CKP) [Entered: 06/02/2021 12:12 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Everett Cabrera opening brief due 07/28/2021. Appellees Sal Camarena, Does, Federal National Mortgage Association and Indymac Bank, F.S.B. answering brief due 08/30/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12124883] (RT) [Entered: 05/26/2021 09:10 AM] |
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