Cameron De Smidt v. Nationstar Mortgage, LLC, et al
| CAMERON R. DE SMIDT |
| NATIONSTAR MORTGAGE, LLC, FEDERAL NATIONAL MORTGAGE ASSOCIATION, BANK OF AMERICA, N.A., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., RECONTRUST COMPANY, N.A., BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP, DOES, 1 through 20 inclusive herein and BANK OF AMERICA, NA |
| 22-55210 |
| February 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Foreclosure |
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Filing 54
Order filed (DANIEL A. BRESS, SALVADOR MENDOZA, JR. and JOAN N. ERICKSEN): Following this Courts limited remand, the district court concluded that it lacked subject matter jurisdiction over this action and remanded it to state court. The parties have now jointly moved to dismiss this case. We grant the motion. 28 U.S.C. 1447(d). The parties shall bear their own costs on appeal. This order shall constitute the mandate of this court. [12720398] (AF) [Entered: 05/22/2023 02:45 PM]
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| Filing 53 Filed (ECF) Appellees Bank of America, NA and ReconTrust Company, N.A. Motion to dismiss the case. Date of service: 05/10/2023. [12713314] --[COURT ENTERED FILING to correct entry [52] .] (TYL) [Entered: 05/10/2023 03:13 PM] |
| Filing 52 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 53 ]. Original Text: Filed (ECF) Appellees Bank of America, NA and ReconTrust Company, N.A. response to Court order dated 05/09/2023. Date of service: 05/10/2023. [12713108] [22-55210] (Farrell, Elizabeth) [Entered: 05/10/2023 01:41 PM] |
| Filing 51 Filed order (DANIEL A. BRESS, SALVADOR MENDOZA, JR. and JOAN N. ERICKSEN): Within three days of this order, the parties are directed to file letter briefs no longer than 350 words each addressing, in light of the district courts order of May 4, 2023, whether this Court should now dismiss this appeal, see 28 U.S.C. 1447(d), with the parties to bear their own costs. [12712559] (AF) [Entered: 05/09/2023 04:14 PM] |
| Filing 50 Filed (ECF) Appellees ReconTrust Company, N.A. and Bank of America, NA status report (as required by Court order dated 03/20/2023). Date of service: 05/05/2023 [12709894] [22-55210] (Farrell, Elizabeth) [Entered: 05/05/2023 12:42 PM] |
| Filing 49 Filed order (DANIEL A. BRESS, SALVADOR MENDOZA, JR. and JOAN N. ERICKSEN): Upon a review of the record, it is not apparent whether there is federal jurisdiction under 28 U.S.C. 1332, particularly in view of plaintiff naming as a defendant Barrett Daffin Frappier Treder & Weiss, LLP, a citizen of California. Because the district court did not rule on the question of fraudulent joinder, and because defendants argument that Barrett was fraudulently joined may require additional factual development, we issue a limited remand so that the district court can determine whether there is diversity jurisdiction in this case. In the course of the limited remand, and to the extent the district court concludes there is diversity jurisdiction, the district court may clarify and re-evaluate whether its dismissal order of January 26, 2022 extended to those defendantsNationstar Mortgage LLC, Mortgage Electronic Registration Systems, Inc. (MERS), and Federal National Mortgage Association (Fannie Mae)who answered the complaint instead of moving to dismiss.1 This Court retains jurisdiction over this case during this limited remand. The parties shall notify this Court within 3 days of the district courts ruling. To the extent the district court has not ruled within 60 days of this order, the parties shall provide a joint status update to this Court. Submission is hereby vacated, and the case will be held in abeyance pending the limited remand. [12677161] (AF) [Entered: 03/20/2023 10:38 AM] |
| Filing 48 ARGUED AND SUBMITTED TO DANIEL A. BRESS, SALVADOR MENDOZA, JR. and JOAN N. ERICKSEN. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12675406] (DLM) [Entered: 03/16/2023 11:33 AM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice by Attorney Katalina Baumann, Esquire for Appellees FNMA/Fannie Mae, MERS and Nationstar Mortgage, LLC. Hearing in Pasadena on 03/16/2023 at 9:00 a.m. (Courtroom: 3). Filer sharing argument time: Yes. (Argument minutes: 10) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/02/2023. [12666363] [22-55210] (Baumann, Katalina) [Entered: 03/02/2023 03:55 PM] |
| Filing 46 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Ronald Henry Freshman, Esquire for Appellant Cameron R. De Smidt. Hearing in Pasadena on 03/16/2023 at 9am (Courtroom: n/a). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/02/2023. [12666030] [22-55210] (Freshman, Ronald) [Entered: 03/02/2023 01:17 PM] |
| Filing 45 Filed (ECF) Acknowledgment of hearing notice by Attorney Elizabeth Courtney Farrell for Appellees Bank of America, NA and ReconTrust Company, N.A.. Hearing in Pasadena on 03/16/2023 at 9:00 a.m. (Courtroom: Courtroom 3). Filer sharing argument time: Yes. (Argument minutes: 3) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/02/2023. [12665968] [22-55210] (Farrell, Elizabeth) [Entered: 03/02/2023 12:33 PM] |
| Filing 44 Received 6 paper copies of Reply Brief [ # 41 ] filed by Cameron R. De Smidt. (sent to panel) [12623019] (SD) [Entered: 01/04/2023 02:55 PM] |
| Filing 43 Notice of Oral Argument on Thursday, March 16, 2023 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, March 16, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12620899]. [22-55210] (KS) [Entered: 01/01/2023 06:08 AM] |
| Filing 42 Filed clerk order: The reply brief [ # 41 ] submitted by Cameron R. De Smidt 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12620803] (LA) [Entered: 12/30/2022 04:11 PM] |
| Filing 41 Submitted (ECF) Reply Brief for review. Submitted by Appellant Cameron R. De Smidt. Date of service: 12/30/2022. [12620766] [22-55210] (Freshman, Ronald) [Entered: 12/30/2022 03:53 PM] |
| Filing 40 Filed clerk order (Deputy Clerk: AF): Appellants motion for an extension of time to file the reply brief, Dkt. [ # 39 ], is GRANTED. The reply brief shall be filed on or before December 30, 2022. [12615193] (AF) [Entered: 12/20/2022 03:45 PM] |
| Filing 39 Filed (ECF) Appellant Cameron R. De Smidt Motion to extend time to file Reply brief until 12/30/2022. Date of service: 12/20/2022. [12614759] [22-55210] (Freshman, Ronald) [Entered: 12/20/2022 10:58 AM] |
| Filing 38 Streamlined request [36] by Appellant Cameron R. De Smidt to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: the optional reply brief is due 12/21/2022. [12591234] (DLM) [Entered: 11/18/2022 12:15 PM] |
| Filing 37 Filed (ECF) Attorney Mr. Ronald Henry Freshman, Esquire for Appellant Cameron R. De Smidt response to notice for case being considered for oral argument. Date of service: 11/18/2022. [12590974] [22-55210] (Freshman, Ronald) [Entered: 11/18/2022 10:34 AM] |
| Filing 36 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Cameron R. De Smidt. New requested due date is 12/09/2022. [12590971] [22-55210] (Freshman, Ronald) [Entered: 11/18/2022 10:31 AM] |
| Filing 35 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for March 2023 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12586990]. [22-55210] (KS) [Entered: 11/14/2022 05:31 PM] |
| Filing 34 Received 6 paper copies of Answering Brief [ # 27 ] filed by Bank of America, N.A. and ReconTrust Company, N.A.. [12580555] (SD) [Entered: 11/04/2022 01:39 PM] |
| Filing 33 Received 6 paper copies of Answering Brief [ # 30 ] filed by Nationstar Mortgage, LLC., et al. [12579834] (SD) [Entered: 11/03/2022 03:11 PM] |
| Filing 32 Filed clerk order: The answering brief [ # 30 ] submitted by Nationstar Mortgage, LLC, et al. 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 paper copies shall be submitted to the principal office of the Clerk. [12578340] (LA) [Entered: 11/01/2022 04:44 PM] |
| Filing 31 Filed clerk order: The answering brief [ # 27 ] submitted by Bank of America, N.A. and ReconTrust Company, 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 paper copies shall be submitted to the principal office of the Clerk. [12578337] (LA) [Entered: 11/01/2022 04:43 PM] |
| Filing 30 Submitted (ECF) Answering Brief for review. Submitted by Appellees Nationstar Mortgage, LLC, MERS and FNMA/Fannie Mae. Date of service: 10/31/2022. [12577308] [22-55210] (Baumann, Katalina) [Entered: 10/31/2022 04:36 PM] |
| Filing 29 Filed (ECF) Appellees Bank of America, N.A. and ReconTrust Company, N.A. Motion to take judicial notice of facts pursuant to Federal Rule of Evidence 201(b)(2). Date of service: 10/31/2022. [12577160] [22-55210] (Farrell, Elizabeth) [Entered: 10/31/2022 03:28 PM] |
| Filing 28 Added Attorney(s) Elizabeth Courtney Farrell for party(s) Appellee ReconTrust Company, N.A., in case 22-55210. [12577141] (JBS) [Entered: 10/31/2022 03:18 PM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellees Bank of America, N.A. and ReconTrust Company, N.A.. Date of service: 10/31/2022. [12576908] [22-55210] (Farrell, Elizabeth) [Entered: 10/31/2022 01:59 PM] |
| Filing 26 Streamlined request [25] by Appellees FNMA/Fannie Mae, MERS and Nationstar Mortgage, LLC to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Bank of America, N.A., Barrett Daffin Frappier Treder & Weiss, LLP, Does, Federal National Mortgage Association, Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC and ReconTrust Company, N.A. answering brief due 10/31/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12551244] (DLM) [Entered: 09/28/2022 09:54 AM] |
| Filing 25 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees FNMA/Fannie Mae, MERS and Nationstar Mortgage, LLC. New requested due date is 10/31/2022. [12551059] [22-55210] (Baumann, Katalina) [Entered: 09/27/2022 06:13 PM] |
| Filing 24 Received 3 paper copies of excerpts of record [ # 21 ] in 3 volume(s) and index volume filed by Appellant Cameron R. De Smidt. [12534155] (SD) [Entered: 09/06/2022 02:40 PM] |
| Filing 23 Received 6 paper copies of Opening Brief [ # 20 ] filed by Cameron R. De Smidt. [12534143] (SD) [Entered: 09/06/2022 02:34 PM] |
| Filing 22 Filed clerk order: The opening brief [ # 20 ] submitted by Cameron R. De Smidt 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 [ # 21 ] submitted by Cameron R. De Smidt 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. [12531700] (LA) [Entered: 09/01/2022 12:08 PM] |
| Filing 21 Submitted (ECF) excerpts of record. Submitted by Appellant Cameron R. De Smidt. Date of service: 08/31/2022. [12531254] [22-55210] (Freshman, Ronald) [Entered: 08/31/2022 08:14 PM] |
| Filing 20 Submitted (ECF) Opening Brief for review. Submitted by Appellant Cameron R. De Smidt. Date of service: 08/31/2022. [12531252] [22-55210] (Freshman, Ronald) [Entered: 08/31/2022 08:09 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 18 ]) for an extension of time to file the opening brief is granted. The opening brief is due August 31, 2022. The answering brief is due September 30, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12508786] (AF) [Entered: 08/03/2022 02:13 PM] |
| Filing 18 Filed (ECF) Appellant Cameron R. De Smidt Unopposed Motion to extend time to file Opening brief until 08/31/2022. Date of service: 07/25/2022. [12501721] [22-55210] (Freshman, Ronald) [Entered: 07/25/2022 03:34 PM] |
| Filing 17 Streamlined request [16] by Appellant Cameron R. De Smidt to extend time to file the brief is approved. Amended briefing schedule: Appellant Cameron R. De Smidt opening brief due 08/01/2022. Appellees Bank of America, N.A., Barrett Daffin Frappier Treder & Weiss, LLP, Does, Federal National Mortgage Association, Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC and ReconTrust Company, N.A. answering brief due 08/31/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12480700] (DLM) [Entered: 06/27/2022 12:56 PM] |
| Filing 16 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Cameron R. De Smidt. New requested due date is 08/01/2022. [12480590] [22-55210] (Freshman, Ronald) [Entered: 06/27/2022 12:06 PM] |
| Filing 15 Filed order MEDIATION (RSK): The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due June 30, 2022; appellees' answering brief is due August 1, 2022; appellants' optional reply brief is due August 22, 2022. [12465782] (ABT) [Entered: 06/07/2022 03:11 PM] |
| Filing 14 Filed (ECF) Appellant Cameron R. De Smidt Correspondence: Notice of Recording of Pendency of Action - no option in filing type avaialble. Date of service: 05/24/2022 [12454793] [22-55210] (Freshman, Ronald) [Entered: 05/24/2022 11:01 AM] |
| Filing 13 Attorney Kerry W. Franich in 22-55210 substituted by Attorney Elizabeth Courtney Farrell in 22-55210 [12453202] (DJV) [Entered: 05/23/2022 06:45 AM] |
| Filing 12 Filed (ECF) notice of appearance of Elizabeth C. Farrell (Severson & Werson, APC, 19100 Von Karman Ave., Suite 700, Irvine, CA 92612) for Appellees Bank of America, N.A. and ReconTrust Company, N.A.. Substitution for Attorney Kerry W. Franich for Appellee Bank of America, N.A.. Date of service: 05/16/2022. (Party was previously proceeding with counsel.) [12453091] [22-55210] (Farrell, Elizabeth) [Entered: 05/20/2022 06:10 PM] |
| Filing 11 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12429881] (LW) [Entered: 04/25/2022 11:05 AM] |
| Filing 10 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 03/31/2022, 09:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12398692] (VS) [Entered: 03/18/2022 08:53 AM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 03/14/2022. 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.[12393872]. [22-55210] (AD) [Entered: 03/14/2022 12:44 PM] |
| Filing 8 Filed (ECF) Appellant Cameron R. De Smidt Mediation Questionnaire. Date of service: 03/14/2022. [12393340] [22-55210] (Freshman, Ronald) [Entered: 03/14/2022 09:11 AM] |
| Filing 7 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12391382] (LW) [Entered: 03/10/2022 10:23 AM] |
| Filing 6 Terminated Stephen Douglas Britt for ReconTrust Company, N.A. in 22-55210 [12382686] (DJV) [Entered: 03/01/2022 09:00 AM] |
| Filing 5 Attorney Stephen Douglas Britt in 22-55210 substituted by Attorney Kerry W. Franich in 22-55210 [12382685] (DJV) [Entered: 03/01/2022 08:59 AM] |
| Filing 4 Added Attorney(s) Jan T. Chilton for party(s) Appellee ReconTrust Company, N.A. Appellee Bank of America, N.A., in case 22-55210. [12382676] (DJV) [Entered: 03/01/2022 08:55 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 Appellees Bank of America, N.A. and ReconTrust Company, N.A.. Date of service: 03/01/2022. (Party was previously proceeding with counsel.) [12382661] [22-55210] (Chilton, Jan) [Entered: 03/01/2022 08:50 AM] |
| Filing 2 Filed (ECF) notice of appearance of Kerry W. Franich (Severson and Werson, 19100 Von Karman Ave., #700, Irvine, CA 92612) for Appellees Bank of America, N.A. and ReconTrust Company, N.A.. Substitution for Attorney Stephen Douglas Britt for Appellees Bank of America, N.A. and ReconTrust Company, N.A.. Date of service: 03/01/2022. (Party was previously proceeding with counsel.) [12382645] [22-55210] (Franich, Kerry) [Entered: 03/01/2022 08:46 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Cameron R. De Smidt Mediation Questionnaire due on 03/07/2022. Appellant Cameron R. De Smidt opening brief due 04/26/2022. Appellees Bank of America, N.A., Barrett Daffin Frappier Treder & Weiss, LLP, Does, Federal National Mortgage Association, Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC and ReconTrust Company, N.A. answering brief due 05/26/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12381680] (JMR) [Entered: 02/28/2022 11:47 AM] |
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