USSEC, et al v. Chicago Title Company, et al
| CHICAGO TITLE COMPANY and CHICAGO TITLE INSURANCE COMPANY |
| U.S. SECURITIES & EXCHANGE COMMISSION |
| KIM H. PETERSON, individually, and as Trustee of the Peterson Family Trust dated April 14, 1992, and as Trustee of the Peterson Family Trust dated September 29, 1983, KIM FUNDING, LLC and ABC FUNDING STRATEGIES, LLC |
| NOSSAMAN LLP and MARCO COSTALES |
| KRISTA FREITAG, Receiver for ANI Development, LLC, American National Investments, Inc., and their subsidiaries and affiliates |
| 23-55252 |
| March 20, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Securities, Commodities, Exchange |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 Terminated Philip Tencer for Kim H. Peterson, Kim Funding, LLC and ABC Funding Strategies, LLC. [12826509] (RL) [Entered: 11/20/2023 01:20 PM] |
| Filing 36 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Philip Tencer for Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson. Party proceeding without counsel: No. Date of service: 11/20/2023. [12826501] [23-55252] (Tencer, Philip) [Entered: 11/20/2023 01:09 PM] |
| Filing 35 Filed (ECF) Appellee USSEC Correspondence: Notice that the SEC does not intend to participate in this appeal. Date of service: 11/16/2023 [12825105] [23-55252] (Bradylyons, Morgan) [Entered: 11/16/2023 12:45 PM] |
| Filing 34 Added Attorney(s) Morgan E. A. Bradylyons for party(s) Appellee USSEC. [12825066] (RL) [Entered: 11/16/2023 12:07 PM] |
| Filing 33 Filed (ECF) notice of appearance of Morgan Bradylyons (U.S. Securities and Exchange Commission, 33 Arch Street, 24th Floor, Boston, MA 02110) for Appellee USSEC. Date of service: 11/16/2023. (Party was previously proceeding with counsel.) [12825062] [23-55252] (Bradylyons, Morgan) [Entered: 11/16/2023 12:03 PM] |
| Filing 32 Filed order (WILLIAM A. FLETCHER and MARK J. BENNETT) The motion to stay proceedings in this appeal (Docket Entry No. [ # 25 ]) is denied. The opening brief and excerpts of record have been filed. The answering briefs are due November 27, 2023. The optional reply brief is due within 21 days after service of the last-served answering brief [12814779] (ABT) [Entered: 10/24/2023 04:50 PM] |
| Filing 31 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson Correspondence: Development re Appellants; Motion for Stay (App. ECF 34 et al.). Date of service: 10/12/2023 [12808763] [23-55252] (Singh, Rupa) [Entered: 10/12/2023 01:56 PM] |
| Filing 30 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson reply to response (). Date of service: 09/25/2023. [12798778] [23-55252] (Singh, Rupa) [Entered: 09/25/2023 08:47 PM] |
| Filing 28 Filed (ECF) Appellee Krista Freitag response to motion ([ # 25 ] Motion (ECF Filing), [ # 25 ] Motion (ECF Filing)). Date of service: 09/18/2023. [12794011] [23-55252] (Fates, Edward) [Entered: 09/18/2023 12:34 PM] |
| Filing 29 Received 6 paper copies of Opening Brief [ # 22 ] filed by Appellants. [12794299] (SD) [Entered: 09/18/2023 03:31 PM] |
| Filing 27 Filed clerk order: The opening brief [ # 22 ] submitted by Appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 23 ] submitted by Appellants are filed. No paper copies of the excerpts of record are required at this time. The paper copies shall be submitted to the principal office of the Clerk. [12790262] (SML) [Entered: 09/11/2023 05:01 PM] |
| Filing 26 Filed clerk order (Deputy Clerk: MCD): Appellants motion (Docket Entry No. [ # 21 ]) to use the excerpts of record filed in appeal No. 22-56206 is granted in part. The Clerk will file the opening brief and excerpts of record submitted at Docket Entry Nos. [ # 22 ] and [ # 23 ]. Appellants motion (Docket Entry No. [ # 24 ]) to waive the paper copies requirement for the excerpts of record is referred to the panel that will consider the merits of this appeal. Appellants motion (Docket Entry No. [ # 25 ]) to stay appellate proceedings will be addressed by separate order. Briefing is stayed until further order of the court. [12790037] (OC) [Entered: 09/11/2023 03:10 PM] |
| Filing 25 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson Motion to stay appellate proceedings. Date of service: 09/08/2023. [12789284] [23-55252] (Singh, Rupa) [Entered: 09/08/2023 04:59 PM] |
| Filing 24 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson Motion for miscellaneous relief [Motion to waive requirement for paper copies of excerpts of record]. Date of service: 08/24/2023. [12780045] [23-55252]--[COURT UPDATE: Updated docket text to reflect content of filing. 08/24/2023 by SLM] (Singh, Rupa) [Entered: 08/24/2023 12:04 AM] |
| Filing 23 Submitted (ECF) excerpts of record. Submitted by Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson. Date of service: 08/23/2023. [12780044] [23-55252] (Singh, Rupa) [Entered: 08/23/2023 11:24 PM] |
| Filing 22 Submitted (ECF) Opening Brief for review. Submitted by Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson. Date of service: 08/23/2023. [12780043] [23-55252] (Singh, Rupa) [Entered: 08/23/2023 11:14 PM] |
| Filing 21 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson Motion for miscellaneous relief [Motion to Use Excerpts of Record Filed in Related Appeal (No. 22-56206)]. Date of service: 07/21/2023. [12759422] [23-55252] (Singh, Rupa) [Entered: 07/21/2023 10:55 AM] |
| Filing 20 ENTRY UPDATED. ORIGINAL TEXT: Filed clerk order (Deputy Clerk: MCD): Granting Unopposed Motion [ # 19 ] (ECF Filing) filed by Appellants to extend time to file opening brief. Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson opening brief due 08/23/2023. Appellees Krista Freitag and U.S. Securities & Exchange Commission answering brief due 09/22/2023. The optional reply brief is due 21 days after service of the last-served answering brief. [12727296] [12727296]--[Edited 06/02/2023 by TH] (TH) [Entered: 06/02/2023 09:48 AM] |
| Filing 19 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson Unopposed Motion to extend time to file Opening brief until 08/11/2023. Date of service: 06/01/2023. [12727117] [23-55252] (Singh, Rupa) [Entered: 06/01/2023 06:56 PM] |
| Filing 18 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12715540] (VS) [Entered: 05/15/2023 09:44 AM] |
| Filing 17 Filed order (PAUL J. WATFORD and DANIELLE J. FORREST): Appellants motion for a stay pending appeal (Docket Entry No. [ # 12 ]) is denied. See Nken v. Holder, 556 U.S. 418, 433-34 (2009) (stating standard). The opening brief and excerpts of record remain due June 23, 2023. The answering briefs remain due July 24, 2023. The optional reply brief remains due within 21 days after service of the last-served answering brief. [12701283] (AF) [Entered: 04/24/2023 10:44 AM] |
| Filing 16 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson reply to response (). Date of service: 04/21/2023. [12700115] [23-55252] (Singh, Rupa) [Entered: 04/21/2023 09:05 AM] |
| Filing 15 Filed (ECF) Appellee Krista Freitag response supporting motion ([ # 14 ] Response to Motion (ECF Filing)). Date of service: 04/20/2023. [12699186] [23-55252] (Fates, Ted) [Entered: 04/20/2023 09:36 AM] |
| Filing 14 Filed (ECF) Appellee Krista Freitag response opposing motion ([ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 04/20/2023. [12699137] [23-55252] (Fates, Ted) [Entered: 04/20/2023 08:54 AM] |
| Filing 13 Filed clerk order (Deputy Clerk: LCC): The court has received appellants emergency motion for a stay pending appeal. Appellees responses to the motion are due by 9:00 a.m. Pacific Time on Thursday, April 20, 2023. Any reply is due by 9:00 a.m. Pacific Time on Friday, April 21, 2023. The existing briefing schedule for this appeal remains in effect. [12697662] (OC) [Entered: 04/18/2023 11:44 AM] |
| Filing 12 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson EMERGENCY Motion to stay lower court action. Date of service: 04/17/2023. [12697278] [23-55252] (Singh, Rupa) [Entered: 04/17/2023 11:25 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: TAH): The appellants Motion (Docket Entry No. [ # 9 ]) to Withdraw Incorrectly Filed Document is granted. The Clerk will strike the motion at Docket Entry No. [ # 8 ]. The existing briefing schedule remains in effect. The appellants are informed the United States Court of Appeals case number must be included in the caption of all motions. Fed. R. App. P. 27(d)(1)(B). [12689131] (ABT) [Entered: 04/04/2023 04:44 PM] |
| Filing 10 MEDIATION ORDER FILED: By 04/18/2023, 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. SEE ORDER FOR DETAILS. [12688547] (VS) [Entered: 04/04/2023 11:03 AM] |
| Filing 9 Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson Motion to strike whole of ECF No. 8. Date of service: 04/03/2023. [12688077] [23-55252] (Brown, Seanna) [Entered: 04/03/2023 04:49 PM] |
| Filing 8 STRICKEN PER ORDER [ # 11 ]. Filed (ECF) Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson Motion to extend time to file Opening brief until 07/12/2023. Date of service: 03/30/2023. [12685837] [23-55252] (Brown, Seanna) [Entered: 03/30/2023 01:46 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 03/27/2023. 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.[12683078]. [23-55252] (AD) [Entered: 03/27/2023 06:44 PM] |
| Filing 6 Filed (ECF) Appellants Kim H. Peterson and Kim Funding, LLC Mediation Questionnaire. Date of service: 03/27/2023. [12682643] [23-55252] (Brown, Seanna) [Entered: 03/27/2023 01:52 PM] |
| Filing 5 Added Attorney(s) Ted Fates for party(s) Appellee Krista Freitag. [12678533] (RL) [Entered: 03/21/2023 12:02 PM] |
| Filing 4 Filed (ECF) notice of appearance of Edward G. Fates (Allen Matkins Leck Gamble Mallory & Natsis LLP 600 West Broadway, 27th Floor, San Diego, CA 92101) for Appellee Krista Freitag. Date of service: 03/20/2023. (Party was previously proceeding with counsel.) [12678522] [23-55252] (Fates, Ted) [Entered: 03/21/2023 11:56 AM] |
| Filing 3 Notice of Appearance (ECF Filing) [2] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12677919] (RL) [Entered: 03/20/2023 04:42 PM] |
| Filing 2 Filed (ECF) notice of appearance of Edward G. Fates (Allen Matkins Leck Gamble Mallory & Natsis LLP 600 West Broadway, 27th Floor, San Diego, CA 92101) for Appellee Krista Freitag. Date of service: 03/20/2023. (Party was previously proceeding with counsel.) [12677884] [23-55252] (Fates, Ted) [Entered: 03/20/2023 04:27 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson Mediation Questionnaire due on 03/27/2023. Transcript ordered by 04/18/2023. Transcript due 05/17/2023. Appellants ABC Funding Strategies, LLC, Kim Funding, LLC and Kim H. Peterson opening brief due 06/23/2023. Appellees Krista Freitag and U.S. Securities & Exchange Commission answering brief due 07/24/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12677737] (RT) [Entered: 03/20/2023 03:32 PM] |
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