U.S. Bank, N.A. v. SFR Investments Pool 1, LLC, et al
| ARLINGTON WEST TWILIGHT HOMEOWNERS ASSOCIATION and ZILIAN OU |
| U.S. BANK, N.A., as Trustee, in Trust for the Benefit of the Holders of Bayview Opportunity Master Fund IVA REMIC Trust 2016-17NPL3 Beneficial Interest Certificates, Series 2016-17NPL3 |
| SFR INVESTMENTS POOL 1, LLC |
| 22-16682 |
| October 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Foreclosure |
Opinions
We have the following opinions for this case:
| Description |
|---|
| U.S. BANK, N.A. V. SFR INVESTMENTS POOL 1, LLC, ET AL |
Docket Report
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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 Received 6 paper copies of Answering Brief [ # 17 ] filed by U.S. Bank, N.A.. [12616689] (SD) [Entered: 12/22/2022 02:16 PM] |
| Filing 22 Received 3 paper copies of supplemental excerpts of record [ # 18 ] in 4 volume(s) and index volume filed by Appellee U.S. Bank, N.A.. [12616684] (SD) [Entered: 12/22/2022 02:14 PM] |
| Filing 21 Filed clerk order: The answering brief [ # 17 ] submitted by U.S. Bank, N.A. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 18 ] submitted by U.S. Bank, N.A. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12615638] (KWG) [Entered: 12/21/2022 11:22 AM] |
| Filing 20 Added Attorney(s) Ariel Edward Stern for party(s) Appellee U.S. Bank, N.A., in case 22-16682. [12615503] (QDL) [Entered: 12/21/2022 09:59 AM] |
| Filing 19 Filed (ECF) notice of appearance of Ariel E. Stern (Akerman, LLP, 1635 Village Center Circle, Suite 200, Las Vegas, Nevada 89134) for Appellee U.S. Bank, N.A.. Date of service: 12/21/2022. (Party was previously proceeding with counsel.) [12615500] [22-16682] (Stern, Ariel) [Entered: 12/21/2022 09:58 AM] |
| Filing 18 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee U.S. Bank, N.A.. Date of service: 12/20/2022. [12615323] [22-16682] (Lachman, Scott) [Entered: 12/20/2022 07:07 PM] |
| Filing 17 Submitted (ECF) Answering Brief for review. Submitted by Appellee U.S. Bank, N.A.. Date of service: 12/20/2022. [12615322] [22-16682] (Lachman, Scott) [Entered: 12/20/2022 07:00 PM] |
| Filing 16 Filed order (A. WALLACE TASHIMA and RICHARD R. CLIFTON) In light of appellees representation at Docket Entry No. [ # 13 ] that it will sua sponte postpone the sale should a ruling not be issued prior to the scheduled sale date, appellants motion to expedite this appeal (Docket Entry No. [ # 12 ]) is denied as moot. The court has received appellants motion for an injunction pending appeal, which seeks relief on or before January 30, 2023. Any response to the motion remains due December 27, 2022. The existing briefing schedule remains in effect. The Clerk will place this appeal on the next available calendar after the completion of briefing. See 9th Cir. Gen. Order 3.3(f). [12614896] (JMR) [Entered: 12/20/2022 12:09 PM] |
| Filing 15 Filed (ECF) Appellant SFR Investments Pool 1, LLC Corrected Motion for injunction pending appeal. Date of service: 12/16/2022. [12613140] [22-16682] (Hanks, Karen) [Entered: 12/16/2022 06:02 PM] |
| Filing 14 Filed (ECF) Appellant SFR Investments Pool 1, LLC Motion to stay appellate proceedings. Date of service: 12/16/2022. [12613017] [22-16682] (Hanks, Karen) [Entered: 12/16/2022 04:38 PM] |
| Filing 13 Filed (ECF) Appellee U.S. Bank, N.A. response to motion ([ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing)). Date of service: 12/14/2022. [12610979] [22-16682] (Lachman, Scott) [Entered: 12/14/2022 04:39 PM] |
| Filing 12 Filed (ECF) Appellant SFR Investments Pool 1, LLC Motion to expedite case. Date of service: 12/12/2022. [12607768] [22-16682] (Hanks, Karen) [Entered: 12/12/2022 10:21 AM] |
| Filing 11 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12600393] (VS) [Entered: 12/01/2022 03:27 PM] |
| Filing 10 Received 6 paper copies of Opening Brief [ # 6 ] filed by SFR Investments Pool 1, LLC. [12600204] (SD) [Entered: 12/01/2022 01:38 PM] |
| Filing 9 Received 3 paper copies of excerpts of record [ # 7 ] in 1 volume(s) filed by Appellant SFR Investments Pool 1, LLC. [12600194] (SD) [Entered: 12/01/2022 01:34 PM] |
| Filing 8 Filed clerk order: The opening brief [ # 6 ] submitted by SFR Investments Pool 1, LLC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 7 ] submitted by SFR Investments Pool 1, LLC are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12595604] (KWG) [Entered: 11/25/2022 09:28 AM] |
| Filing 7 Submitted (ECF) excerpts of record. Submitted by Appellant SFR Investments Pool 1, LLC. Date of service: 11/22/2022. [12593948] [22-16682]--[COURT UPDATE: Attached corrected PDF of the excerpts. 11/25/2022 by KWG] (Hanks, Karen) [Entered: 11/22/2022 11:22 AM] |
| Filing 6 Submitted (ECF) Opening Brief for review. Submitted by Appellant SFR Investments Pool 1, LLC. Date of service: 11/22/2022. [12593945] [22-16682]--[COURT UPDATE: Attached corrected PDF of the brief. 11/25/2022 by KWG] (Hanks, Karen) [Entered: 11/22/2022 11:21 AM] |
| Filing 5 MEDIATION ORDER FILED: By 11/30/2022, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12588483] (VS) [Entered: 11/16/2022 09:25 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 11/03/2022. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12580046]. [22-16682] (AD) [Entered: 11/03/2022 06:44 PM] |
| Filing 3 Filed (ECF) Appellant SFR Investments Pool 1, LLC Mediation Questionnaire. Date of service: 11/03/2022. [12579934] [22-16682] (Hanks, Karen) [Entered: 11/03/2022 04:06 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed October 26, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later than November 23, 2022; the answering brief is due December 21, 2022 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12577293] (JMR) [Entered: 10/31/2022 04:30 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [12575444] (JBS) [Entered: 10/28/2022 11:41 AM] |
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| Plaintiff / appellee: U.S. BANK, N.A., as Trustee, in Trust for the Benefit of the Holders of Bayview Opportunity Master Fund IVA REMIC Trust 2016-17NPL3 Beneficial Interest Certificates, Series 2016-17NPL3 | |
| Represented By: | Scott Lachman |
| Represented By: | Natalie L. Winslow Esquire |
| Represented By: | Ariel Edward Stern Esquire |
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| Defendant / appellant: SFR INVESTMENTS POOL 1, LLC | |
| Represented By: | Karen Hanks |
| Represented By: | Chantel Schimming |
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| Defendant: ARLINGTON WEST TWILIGHT HOMEOWNERS ASSOCIATION | |
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| Defendant: ZILIAN OU | |
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