Joshua Maynard v. USAA Federal Savings Bank
| JOSHUA MAYNARD and JOSHUA C. MAYNARD |
| USAA FEDERAL SAVINGS BANK |
| 23-15566 |
| April 18, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Fraud |
Docket Report
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| Filing 13 Filed order (MICHELLE T. FRIEDLAND and JENNIFER SUNG) Appellants motion to stay enforcement of the district courts March 31, 2023 judgment pending appeal (Docket Entry No. [ # 2 ] is denied. See Nken v. Holder , 556 U.S. 418, 433 (2009). Briefing is stayed pending resolution of the motion to appoint counsel [12727294] (JBS) [Entered: 06/02/2023 09:48 AM] |
| Filing 12 Received copy of amended notice of appeal from district court. [12724779] (RL) [Entered: 05/30/2023 03:18 PM] |
| Filing 11 Filed (ECF) Appellant Joshua C. Maynard Urgent Motion for appointment of pro bono counsel. Date of service: 05/29/2023. [12723986] [23-15566] (Maynard, Joshua) [Entered: 05/29/2023 05:46 PM] |
| Filing 10 Filed (ECF) Appellant Joshua C. Maynard Correspondence: FORM 16 certificate for emergency motion. Date of service: 05/29/2023. [12723979] [23-15566]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 05/30/2023 by SLM] (Maynard, Joshua) [Entered: 05/29/2023 02:10 PM] |
| Filing 9 Filed (ECF) Appellant Joshua C. Maynard reply to response (for injunction pending appeal). Date of service: 05/27/2023. [12723960] [23-15566] (Maynard, Joshua) [Entered: 05/27/2023 08:23 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: MCD): On April 21, 2023, this court issued an order staying appellate proceedings pending disposition of the April 10, 2023 motions in the district court. On May 2, 2023, the district court denied the motions. The stay order filed April 21, 2023, is lifted and this appeal will proceed. To appeal the district courts ruling on the post-judgment motions entered on May 2, 2023, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. Appellants pending motion for injunctive relief will be addressed by separate order. Briefing will proceed as follows: appellants opening brief is due July 17, 2023; appellees answering brief is due August 16, 2023; and appellants optional reply brief is due 21 days from service of appellees answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellee 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. [12720469] (JBS) [Entered: 05/22/2023 03:17 PM] |
| Filing 7 Filed (ECF) Appellee USAA Federal Savings Bank response opposing motion ([ # 2 ] Party Motion). Date of service: 05/19/2023. [12718945] [23-15566] (Gonzales, Joshua) [Entered: 05/19/2023 08:17 AM] |
| Filing 6 Filed (ECF) Appellant Joshua C. Maynard response to court order dated 4/21/23. Date of service: 05/09/2023 [12712661] [23-15566]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 05/11/2023 by SLM] (Maynard, Joshua) [Entered: 05/09/2023 07:59 PM] |
| Filing 5 Added Attorney(s) Joshua Gonzales for party(s) Appellee USAA Federal Savings Bank. [12709760] (RL) [Entered: 05/05/2023 11:14 AM] |
| Filing 4 Filed (ECF) notice of appearance of Joshua F. Gonzales (DKM Law Group, LLP, 50 California Street, Suite 1500, San Francisco, CA 94111) for Appellee USAA Federal Savings Bank. Date of service: 05/05/2023. (Party was previously proceeding with counsel.) [12709752] [23-15566] (Gonzales, Joshua) [Entered: 05/05/2023 11:09 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: DA): The courts records reflect that the notice of appeal was filed during the pendency of timely-filed motions listed in Federal Rule of Appellate Procedure 4(a)(4), and those motions are still pending in the district court. The April 16, 2023 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court, including briefing and all pending motions in this court, are held in abeyance pending the district courts resolution of the pending April 10, 2023 motions. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant must file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motions, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12700594] (CKP) [Entered: 04/21/2023 01:47 PM] |
| Filing 2 Filed Appellant Joshua Maynard motion for emergency injunctive relief. Deficiencies: None. Served on 04/19/2023. [12699158] (RL) [Entered: 04/20/2023 09:14 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Joshua Maynard opening brief due 06/15/2023. Appellee USAA Federal Savings Bank answering brief due 07/17/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12697996] (JBS) [Entered: 04/18/2023 03:08 PM] |
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