USA v. Erin Lafferty, et al
| KING COUNTY, WELLS FARGO BANK, JP MORGAN CHASE BANK, N.A., FANNIE MAE, SEATTLE SAVINGS BANK and JPMORGAN CHASE BANK, N.A. |
| UNITED STATES OF AMERICA |
| ERIN M. LAFFERTY |
| 23-35067 |
| January 27, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Tax Suits |
Docket Report
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| Filing 7 Filed original and 0 copies of Appellant Erin M. Lafferty opening brief of 10 pages (Informal: Yes). Served on 03/21/2023. [12679147] (SML) [Entered: 03/22/2023 09:05 AM] |
| Filing 6 Received copy of motion filed in district court re: stipulation for entry of judgment, note on motion calendar: October 21, 2022. Motion filed by Appellant Erin M. Lafferty. (missing page 5) [12678988] (RL) [Entered: 03/21/2023 04:49 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: DA): On October 26, 2022, the district court entered judgment in this action. A review of the district courts docket reflects that appellant did not file a notice of appeal within the 60-day jurisdictional time period after entry of the October 26, 2022 judgment, nor did appellant timely file one of the motions that could have tolled the time within which to file a notice of appeal. See Fed. R. App. P. 4(a)(4); Fed. R. Civ. P. 59(e) (tolling motion must be filed within 28 days from entry of judgment); Fiester v. Turner, 783 F.2d 1474 (9th Cir. 1986) (untimely motion does not suspend time to appeal). On December 22, 2022, appellant filed a motion to vacate the judgment in the district court, which the district court denied on December 23, 2022. Appellant filed a notice of appeal on January 23, 2023, seeking to challenge the October 26, 2022 judgment, and December 23, 2022 post-judgment order. A review of the record suggests that the scope of this appeal may be limited to a review of the district courts December 22, 2023 post-judgment order, because the January 23, 2023 notice of appeal was not filed within 60 days after entry of the district courts October 26, 2022 judgment. See 28 U.S.C. 2107(b); Fed. R. App. P. 4(a)(1)(B); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). Accordingly, within 21 days after the date of this order, appellant must file a statement showing cause why the scope of this appeal should not be limited to a review of the district courts December 23, 2022 post-judgment order. Appellee may file a response within 10 days after service of appellants statement. If appellant does not file a statement, the court may enter an order limiting the scope of the appeal a review of the district courts December 22, 2022 post-judgment order, without further opportunity to respond. The previously established briefing schedule remains in effect. [12644182] (CKP) [Entered: 02/01/2023 02:34 PM] |
| Filing 4 Terminated Unregistered Attorney Cassondra L. Koven for USA in 23-35067. Party has alternate counsel. [12643925] (SVG) [Entered: 02/01/2023 11:46 AM] |
| Filing 3 Added Attorney(s) Bethany B. Hauser for party(s) Appellee USA. [12641934] (RL) [Entered: 01/30/2023 12:12 PM] |
| Filing 2 Filed (ECF) notice of appearance of Bethany B. Hauser (U.S. Department of Justice, Tax Division, Appellate Section, Post Office Box 502, Washington, D.C. 20044) for Appellee USA. Date of service: 01/30/2023. (Party was previously proceeding with counsel.) [12641890] [23-35067] (Hauser, Bethany) [Entered: 01/30/2023 11:54 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Erin M. Lafferty opening brief due 03/27/2023. Appellee United States of America answering brief due 04/27/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12640761] (RT) [Entered: 01/27/2023 01:27 PM] |
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