Samuel Rodriguez v. Selene Finance LP, et al
| SAMUEL RODRIGUEZ |
| SELENE FINANCE LP, A Foreign Limited Partnership, MTGLQ INVESTORS LP, a Foreign Limited Partnership and UNKNOWN PARTIES, named as ABC Corp, 1-5 LLC, XYZ Partnerships |
| 23-15029 |
| January 9, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Docket Report
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| Filing 11 Terminated attorneys Janet Marie Howe and Phil Derek Petersen for appellees Selene Finance LP and MTGLQ Investors LP in 23-15029. [12667857] (HH) [Entered: 03/06/2023 12:33 PM] |
| Filing 10 Filed (ECF) Notice of withdrawal of counsel. Filed by Janet Marie Howe for Appellees MTGLQ Investors LP and Selene Finance LP and Phil Derek Petersen for Appellees MTGLQ Investors LP and Selene Finance LP. Party proceeding without counsel: No. Date of service: 03/06/2023. [12667824] [23-15029] (Howe, Janet) [Entered: 03/06/2023 12:14 PM] |
| Filing 9 Added Attorney(s) Brendan Ian Herbert for party(s) Appellee Selene Finance LP Appellee MTGLQ Investors LP, in case 23-15029. [12663216] (NAC) [Entered: 02/28/2023 07:20 AM] |
| Filing 8 Filed (ECF) notice of appearance of Brendan Ian Herbert (Polsinelli PC, 315 S. Biscayne Blvd., Suite 400, Miami, FL 33131) for Appellees MTGLQ Investors LP and Selene Finance LP. Date of service: 02/28/2023. (Party was previously proceeding with counsel.) [12663204] [23-15029] (Herbert, Brendan) [Entered: 02/28/2023 06:08 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: AT): A review of the district courts docket reflects that the district court has certified that this appeal is 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 and the motion for appointment of counsel are 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. [12648175] (WL) [Entered: 02/07/2023 01:55 PM] |
| Filing 6 Received copy of District Court order filed on 02/01/2023: Certifies appeal not taken in good faith and revokes in forma pauperis status. [12644219] (HH) [Entered: 02/01/2023 02:50 PM] |
| Filing 5 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12643125] (CKP) [Entered: 01/31/2023 12:45 PM] |
| Filing 4 Filed order (KIM MCLANE WARDLAW and GABRIEL P. SANCHEZ) Appellants emergency motion to stay the district courts judgment and for injunctive relief (Docket Entry No. [ # 2 ]) is denied. The briefing schedule established previously remains in effect. [12632541] (WL) [Entered: 01/18/2023 10:13 AM] |
| Filing 3 Filed (ECF) Appellant Samuel Rodriguez Motion for appointment of pro bono counsel. Date of service: 01/17/2023. [12632344] [23-15029] (Rodriguez, Samuel) [Entered: 01/18/2023 08:24 AM] |
| Filing 2 Filed (ECF) Appellant Samuel Rodriguez EMERGENCY Motion for miscellaneous relief [Filed (ECF) Appellant Samuel Rodriguez EMERGENCY Motion for miscellaneous relief [PLAINTIFF'S EMERGENCY MOTION TO VACATE ORDER AND EXTEND TRO WHICH EXPIRED ON JANUARY 5TH DURING APPEAL, REMAND OR FOR A TIME TO PROTECT FROM IRREPARABLE INJURY AT THE COURT]. Date of service: 01/16/2023. [12631842] [23-15029] (Rodriguez, Samuel) [Entered: 01/17/2023 02:58 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Samuel Rodriguez opening brief due 03/06/2023. Appellees MTGLQ Investors LP, Selene Finance LP and Unknown Parties answering brief due 04/05/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12626409] (JBS) [Entered: 01/09/2023 04:28 PM] |
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