Faith McLain, et al v. Francis McLain, et al
FAITH MCLAIN, as beneficiary of the Estate of Bernard McLain, CHRISTEEN MCLAIN, as beneficiary of the Estate of Bernard McLain, JOHN MCLAIN, as beneficiary of the Estate of Bernard McLain, MOLLY MCLAIN, as beneficiary of the Estate of Bernard McLain, MATTHEW MCLAIN, as beneficiary of the Estate of Bernard McLain, MARY MCLAIN, Individually as beneficiary of the Estate of Bernard McLain and as Trustee of the E-3 Ranch Trust and MIRA MCLAIN, as beneficiary of the Estate of Bernard McLain |
CAROLINE MCLAIN, Individually and as Managing Director of Tera Bani Retreat Ministries, ALAKHI JOY MCLAIN, as purported certificate holder of the E-3 Ranch Trust, SOHNJA MAY MCLAIN, as purported certificate holder of the E-3 Ranch Trust and DANE SEHAJ MCLAIN, as purported certificate holder of the E-3 Ranch Trust |
FRANCIS MCLAIN, Individually and as Co-Manager of Tera Bani Retreat Ministries |
UNITED STATES OF AMERICA |
23-35304 |
May 3, 2023 |
U.S. Court of Appeals, Ninth Circuit |
Tax Suits |
Docket Report
This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 4 Filed clerk order (Deputy Clerk: MCD): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The April 27, 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 are held in abeyance pending the district courts resolution of the pending March 29, 2023 motion. 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 shall 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 motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12734116] (CKP) [Entered: 06/12/2023 03:41 PM] |
Filing 3 Added Attorney(s) Robert Joseph Wille Jr. for party(s) Appellee USA, in case 23-35304. [12716788] (NAC) [Entered: 05/16/2023 12:26 PM] |
Filing 2 Filed (ECF) notice of appearance of Robert J. Wille (U.S. Department of Justice, Tax Division, Appellate Section, Post Office Box 502, Washington, D.C. 20044) for Appellee USA. Date of service: 05/16/2023. (Party was previously proceeding with counsel.) [12716600] [23-35304] (Wille, Robert) [Entered: 05/16/2023 09:47 AM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 06/01/2023. Transcript due 06/30/2023. Appellant Francis McLain opening brief due 08/09/2023. Appellee United States of America answering brief due 09/11/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12708158] (RT) [Entered: 05/03/2023 01:53 PM] |
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Plaintiff: FAITH MCLAIN, as beneficiary of the Estate of Bernard McLain | |
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Plaintiff: CHRISTEEN MCLAIN, as beneficiary of the Estate of Bernard McLain | |
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Plaintiff: JOHN MCLAIN, as beneficiary of the Estate of Bernard McLain | |
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Plaintiff: MOLLY MCLAIN, as beneficiary of the Estate of Bernard McLain | |
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Plaintiff: MATTHEW MCLAIN, as beneficiary of the Estate of Bernard McLain | |
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Plaintiff: MARY MCLAIN, Individually as beneficiary of the Estate of Bernard McLain and as Trustee of the E-3 Ranch Trust | |
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Plaintiff: MIRA MCLAIN, as beneficiary of the Estate of Bernard McLain | |
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Defendant / appellant: FRANCIS MCLAIN, Individually and as Co-Manager of Tera Bani Retreat Ministries | |
Represented By: | Francis McLain |
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Defendant: CAROLINE MCLAIN, Individually and as Managing Director of Tera Bani Retreat Ministries | |
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Defendant: ALAKHI JOY MCLAIN, as purported certificate holder of the E-3 Ranch Trust | |
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Defendant: SOHNJA MAY MCLAIN, as purported certificate holder of the E-3 Ranch Trust | |
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Defendant: DANE SEHAJ MCLAIN, as purported certificate holder of the E-3 Ranch Trust | |
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Intervenor defendant / appellee: UNITED STATES OF AMERICA | |
Represented By: | Victoria L. Francis |
Represented By: | Ryan S. Watson |
Represented By: | Robert Joseph Wille Jr. |
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