Myong Oh v. Reconstrust Company, NA, et al
| MYONG SUK OH, an individual |
| RECONSTRUST COMPANY, NA, a US corporation and wholly owned subsidiary of Bank of America Corporation, BANK OF NEW YORK MELLON CORP., an American worldwide banking and financial service holding company commonly known as BNY Mellon, MTC FINANCIAL, INC., a California corporation doing business as Trustee Corps, BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company, AUCTION.COM, INC. and DOES, 1 through 250, inclusive |
| 22-55245 |
| March 7, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil (Rico) |
Docket Report
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| Filing 7 Filed order (Deputy Clerk: LCC) On March 25, 2022, this court ordered appellant, within 21 days, either to move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. The order warned appellant that failure to comply would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the courts order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall, 21 days after the date of the order, act as and for the mandate of this court. [12429291] (OC) [Entered: 04/22/2022 04:32 PM] |
| Filing 6 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12414767] (VS) [Entered: 04/07/2022 10:35 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over this appeal because the order challenged in the appeal may not be final or appealable. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable under 1291 unless it disposes of all claims as to all parties or judgment is entered in compliance with Rule 54(b)); see also Bird v. Reese, 875 F.2d 256, 256 (9th Cir. 1989) (order denying motion for default judgment not final); Joseph v. Off. of the Consulate Gen. of Nigeria, 830 F.2d 1018, 1028 (9th Cir. 1987) (order granting motion to set aside default judgment not final). Within 21 days after the date of this order, appellant shall either move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk will dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [12404921] (WL) [Entered: 03/25/2022 10:19 AM] |
| Filing 4 MEDIATION ORDER FILED: By 04/06/2022, 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. [12402612] (VS) [Entered: 03/23/2022 10:22 AM] |
| Filing 3 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.[12394574]. [22-55245] (AD) [Entered: 03/14/2022 06:44 PM] |
| Filing 2 Filed (ECF) Appellant Myong Suk Oh Mediation Questionnaire. Date of service: 03/14/2022. [12394360] [22-55245] (Oh, Yi) [Entered: 03/14/2022 04:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Myong Suk Oh Mediation Questionnaire due on 03/14/2022. Appellant Myong Suk Oh opening brief due 05/06/2022. Appellees Bank of New York Mellon Corp., Bayview Loan Servicing, LLC and Auction.com, Inc., answering brief due 06/06/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12387655] (HH) [Entered: 03/07/2022 10:23 AM] |
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| Plaintiff / appellant: MYONG SUK OH, an individual | |
| Represented By: | Yi Yong Oh |
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| Defendant / appellee: RECONSTRUST COMPANY, NA, a US corporation and wholly owned subsidiary of Bank of America Corporation | |
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| Defendant / appellee: BANK OF NEW YORK MELLON CORP., an American worldwide banking and financial service holding company commonly known as BNY Mellon | |
| Represented By: | Roberto R. Martinez |
| Represented By: | Roberto Martinez |
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| Defendant / appellee: MTC FINANCIAL, INC., a California corporation doing business as Trustee Corps | |
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| Defendant / appellee: BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company | |
| Represented By: | Cathy K. Robinson |
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| Defendant / appellee: AUCTION.COM, INC. | |
| Represented By: | Regina J. McClendon |
| Represented By: | Meagan S. Tom |
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| Defendant / appellee: DOES, 1 through 250, inclusive | |
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