Azariah Ellington, et al v. Mary Thornton House, et al
| AZARIAH M. ELLINGTON and MITCHELL D. ELLINGTON |
| MARY THORNTON HOUSE, Judge, VIKRAM BARR, ANDREW BRODY, Real Estate Agent: Meridian Capital Real Estate, DAVID POPELKA, JEFF ZOLOT, CENTURY 21 ALLSTARS, Erroneously Sued As Maxres Inc, DBA Maxres Inc., MERIDIAN CAPITAL REAL ESTATE and CENTURY 21 AMBER |
| 21-56157 |
| October 20, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 23 Filed clerk order (Deputy Clerk: LBS): Appellants motion (Docket Entry No. [ # 22 ]) for an extension of time to file the opening brief is granted. The opening brief is due October 17, 2022. The answering brief is due November 16, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12536652] (OC) [Entered: 09/09/2022 08:58 AM] |
| Filing 22 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington FORM 14 motion for extension of time. Deficiencies: None. Served on 08/15/2022. [12519145] (RL) [Entered: 08/17/2022 03:27 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: MKS):Appellants motion (Docket Entry No. [ # 20 ]) to stay appellate proceedings is denied. The opening brief is now due August 17, 2022. The answering brief is due September 16, 2022. The optional reply brief is due within 21 days after service of the answering brief.[12492818] (ABT) [Entered: 07/13/2022 11:51 AM] |
| Filing 20 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington motion for stay pending certiorari to SCOTUS. Deficiencies: None. Served on 06/29/2022. [12485227] (QDL) [Entered: 07/01/2022 01:29 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: MKS): In Docket Entry No. [ # 17 ], this court denied appellants petition for writ of mandamus and ordered that no motions for reconsideration, clarification, or modification of the denial shall be filed or entertained. Therefore, the court will not consider appellants petition for rehearing en banc filed at Docket Entry No. [ # 18 ]. Appellants request for a stay (Docket Entry No. [ # 18 ]) is denied. The opening brief is now due July 25, 2022. The answering brief is due August 24, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12477644] (OC) [Entered: 06/22/2022 03:32 PM] |
| Filing 18 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington petition for hearing en banc, stay requested pending finality of en banc procedure. Deficiencies: None. Served on 03/30/2022. [12412363] (RL) [Entered: 04/04/2022 04:20 PM] |
| Filing 17 Filed order (A. WALLACE TASHIMA, MICHELLE T. FRIEDLAND and BRIDGET S. BADE) Appellants have not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977). Accordingly, the petition for writ of mandamus (Docket Entry Nos. [ # 14 ], [ # 16 ]) is denied. No motions for reconsideration, clarification, or modification of this denial shall be filed or entertained. The opening brief is now due April 18, 2022. The answering brief is due May 18, 2022. The optional reply brief is due within 21 days after service of the answering brief. Because appellants are proceeding without counsel, appellants are not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellants do 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. Id. [12396369] (OC) [Entered: 03/16/2022 12:00 PM] |
| Filing 16 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington addendum to writ of mandamus, request for stay. Dated 02/02/2022. Paper filing deficiency: None. [12369661] (RL) [Entered: 02/14/2022 02:26 PM] |
| Filing 15 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington Amended proof of service. Dated 02/03/2022. Paper filing deficiency: None. [12364512] (RL) [Entered: 02/08/2022 03:59 PM] |
| Filing 14 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington writ of mandamus, request for stay. Deficiencies: None. Served on 02/02/2022. [12363637] (RL) [Entered: 02/08/2022 09:50 AM] |
| Filing 13 Money order number 27768751108 in the amount of $500.00 returned to Appellant as the fee for this appeal was previously satisfied. [12363113] (JR) [Entered: 02/07/2022 03:41 PM] |
| Filing 12 Streamlined request by Appellants Azariah M. Ellington and Mitchell D. Ellington to extend time to file the brief is approved. Amended briefing schedule: Appellants Azariah M. Ellington and Mitchell D. Ellington opening brief due 02/03/2022. Appellees Vikram Barr, Meridian Capital Real Estate, David Popelka, Mary Thornton House, Jeff Zolot, Andrew Brody, Century 21 Allstars and Century 21 Amber answering brief due 03/07/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12334430] (BG) [Entered: 01/07/2022 01:15 PM] |
| Filing 11 Filed order (DIARMUID F. O'SCANNLAIN and SIDNEY R. THOMAS) Appellants motion for reconsideration of the October 26, 2021 Appellate Commissioner order (Docket Entry No. [ # 4 ]) is denied. The scope of this appeal is limited to a review of the district courts post-judgment order entered on October 7, 2021. 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)(4); Fed. R. Civ. P. 59(e) (tolling motion must be filed within 28 days from entry of judgment); Fiester v. Turner, 783 F.2d 1474, 1475 (9th Cir. 1986) (order) (untimely motion for reconsideration does not suspend time to appeal from judgment). Appellants motion for a stay of proceedings (Docket Entry No. [ # 3 ]) is denied. Appellants motions to consolidate (Docket Entry Nos. [ # 8 ], [ # 9 ]) are denied. Appellants opening brief is now due January 4, 2022. Appellees answering brief is due February 3, 2022. The optional reply brief is due within 21 days after service of the answering brief. Because appellants are proceeding without counsel, appellants are not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellants do 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. [12308788] (OC) [Entered: 12/07/2021 02:25 PM] |
| Filing 10 Streamlined request by Appellants Azariah M. Ellington and Mitchell D. Ellington to extend time to file the brief is not approved because briefing is stayed in this appeal. [12298691] (JN) [Entered: 11/26/2021 02:06 PM] |
| Filing 7 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 11/10/2021. [12284398] (BY) [Entered: 11/10/2021 01:56 PM] |
| Filing 9 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington in 21-56030, 20-55733, 21-56157 motion entitled: "Consolidation/Relation/Joinder" Deficiencies: None. [12295580] [21-56030, 21-56157, 20-55733] (RR) [Entered: 11/22/2021 03:09 PM] |
| Filing 8 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington motion to consolidate case number21-56030, to extend time to file appellant opening brief.(FORM 13) Deficiencies: None. [12295536] (RR) [Entered: 11/22/2021 02:55 PM] |
| Filing 6 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington copy of $505.00 money order to US District Court. Not dated. [12283476] (RL) [Entered: 11/09/2021 04:41 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: DA): The court has received appellants objection to the October 26, 2021 appellate commissioner order. Appellees may file a response to the objection within 10 days after the date of this order. Briefing is stayed pending resolution of appellants objection to the October 26, 2021 order. [12279677] (CKP) [Entered: 11/05/2021 12:43 PM] |
| Filing 4 ENTRY UPDATED. Filed Appellants Azariah M. Ellington and Mitchell D. Ellington FORM 27 addendum to motion to request to stay proceedings (document titled: objection to app comm; motion to explain and correct). Dated 11/01/2021. Paper filing deficiency: None. [12278687] [12278687]--[Edited 11/04/2021 by RL] (RL) [Entered: 11/04/2021 02:52 PM] |
| Filing 3 Filed Appellants Azariah M. Ellington and Mitchell D. Ellington request for stay of all proceedings. Deficiencies: None. Served on 10/25/2021. [12271709] (RL) [Entered: 10/28/2021 12:21 PM] |
| Filing 2 Filed order (Appellate Commissioner): The notice of appeal filed in the district court on October 14, 2021, challenges the district courts judgment entered on September 4, 2019, and the district courts post-judgment order entered on October 7, 2021. The docketing letter issued on October 20, 2021, designating this appeal as a preliminary injunction appeal is vacated as issued in error [ # 1 ]. The portion of the notice of appeal challenging the district courts judgment entered on September 3, 2019 is untimely, and duplicative of dismissed appeal No. 20-55329. 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). Accordingly, the scope of this appeal is limited to a review of the district courts post-judgment order entered on October 7, 2021. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days of this order, appellants must pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment, or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis will result in the dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. In this post-judgment appeal, appellants opening brief is due December 21, 2021; appellees answering brief is due January 20, 2022; and the optional reply brief is due within 21 days after service of the answering brief. Because appellants are proceeding without counsel, appellants are not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellants do 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. The Clerk will serve a Form 4 financial affidavit on appellants. (Pro Se) [12269212] (CKP) [Entered: 10/26/2021 01:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTS. SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [12263579] (RT) [Entered: 10/20/2021 04:04 PM] |
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