American Pacific Mortgage Corporation, et al. v. Everett Financial, Inc., et al.
| AMERICAN PACIFIC MORTGAGE CORPORATION, a California corporation and ELEMENT MORTGAGE, a division of American Pacific Mortgage Corporation |
| EVERETT FINANCIAL, INC., doing business as Supreme Lending and LUKE WELLING, an individual residing in Washington state |
| 25-4880 |
| August 4, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Defend Trade Secrets Act of 2016 |
Docket Report
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Filing 36
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 35) granted. Amended briefing schedule: Answering Brief Due (Appellee) 3/25/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 01/30/2026 03:29 PM]
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| Filing 35 Streamlined Request for Extension of Time to File Brief filed by Appellee Everett Financial, Inc.. [Entered: 01/29/2026 02:43 PM] |
| Filing 34 EXCERPTS OF RECORD Volume 10 UNDER SEAL submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage. (Court entered filing of sealed vol submitted at DE 33) [Entered: 01/27/2026 03:34 PM] |
| Filing 33 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[COURT UPDATE: Corrected PDFs of motion and ER Vol 10 attached as of 1/27/2026, REPLACING original attachments] [Entered: 01/23/2026 11:32 PM] [Edited: 01/27/2026 03:32 PM] |
| Filing 32 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:17 PM] [Edited: 01/27/2026 03:29 PM] |
| Filing 31 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:16 PM] [Edited: 01/27/2026 03:29 PM] |
| Filing 30 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:14 PM] [Edited: 01/27/2026 03:28 PM] |
| Filing 29 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:13 PM] [Edited: 01/27/2026 03:28 PM] |
| Filing 28 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:12 PM] [Edited: 01/27/2026 03:27 PM] |
| Filing 27 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:11 PM] [Edited: 01/27/2026 03:27 PM] |
| Filing 26 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:09 PM] [Edited: 01/27/2026 03:27 PM] |
| Filing 25 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:08 PM] [Edited: 01/27/2026 03:26 PM] |
| Filing 24 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[Duplicate entry, correct entry is DE 23] [Entered: 01/23/2026 11:06 PM] [Edited: 01/27/2026 03:26 PM] |
| Filing 23 EXCERPTS OF RECORD submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[COURT UPDATE: Corrected PDFs of all non-sealed ER vols attached as of 1/27/2026, REPLACING original attachment] [Entered: 01/23/2026 11:03 PM] [Edited: 01/27/2026 03:25 PM] |
| Filing 22 OPENING BRIEF submitted for filing by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage.--[COURT UPDATE: Corrected PDF attached as of 1/27/2026, REPLACING original attachment] [Entered: 01/23/2026 10:59 PM] [Edited: 01/27/2026 03:21 PM] |
| Filing 21 NOTICE of Withdrawal as Counsel filed by Trevor G. Covey. Counsel withdrawing on behalf of other attorney(s): Yes [Trevor Covey and Trevor Illes]. Party proceeding without counsel: No. [-]. [Entered: 12/02/2025 07:46 AM] |
| Filing 20 ADDED Counsel for Appellee Trevor Illes [Entered: 11/24/2025 02:59 PM] |
| Filing 19 NOTICE OF APPEARANCE by Trevor Illes for Appellee Everett Financial, Inc., Appellee Luke Welling. [Entered: 11/24/2025 02:52 PM] |
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Filing 18
ORDER FILED. The motion (Docket Entry No. 16) for an extension of time to file the opening brief is granted. The opening brief is due January 23, 2026. The answering brief is due February 23, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 11/20/2025 10:32 AM]
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| Filing 17 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage. [Entered: 11/19/2025 03:00 PM] |
| Filing 16 MOTION to Extend Time to File Brief filed by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage. [Entered: 11/19/2025 02:59 PM] |
| Filing 15 VACATED AS ISSUED IN ERROR: ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 14) granted FOR ALL PARTIES. Amended briefing schedule: Opening Brief Due (Appellant) 12/24/2025, Answering Brief Due (Appellee) 1/23/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [COURT UPDATE: streamlined request at DE 14 was premature becuase opening brief had not been filed; this order is cacated as issued in error; briefing schedule in DE 13 remains in effect]. [Entered: 11/06/2025 01:47 PM] [Edited: 11/18/2025 04:23 PM] |
| Filing 14 REJECTED AS PREMATURE - Streamlined Request for Extension of Time to File Brief filed by Appellee Everett Financial, Inc., Appellee Luke Welling. [COURT UPDATE: streamline request filed by appellees rejected as premature becuase opening brief has not been filed]. [Entered: 11/06/2025 10:59 AM] [Edited: 11/18/2025 04:22 PM] |
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Filing 13
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 12) granted. Amended briefing schedule: Opening Brief Due (Appellant) 11/24/2025, Answering Brief Due (Appellee) 12/24/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 09/10/2025 02:46 PM]
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| Filing 12 Streamlined Request for Extension of Time to File Brief filed by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage. [Entered: 09/10/2025 08:22 AM] |
| Filing 11 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 09/08/2025 03:13 PM] |
| Filing 10 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage. [Entered: 08/18/2025 02:56 PM] |
| Filing 9 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Everett Financial, Inc.. [Entered: 08/18/2025 12:00 PM] |
| Filing 8 ADDED Counsel for Appellee Trevor G. Covey [Entered: 08/18/2025 11:50 AM] |
| Filing 7 NOTICE OF APPEARANCE by Trevor G. Covey for Appellee Everett Financial, Inc., Appellee Luke Welling. [Entered: 08/18/2025 11:40 AM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 9/8/2025, 10:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 08/12/2025 03:24 PM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. 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. [Entered: 08/11/2025 04:21 PM] |
| Filing 4 ADDED Counsel for Appellant Charles E. Fowler [Entered: 08/11/2025 01:14 PM] |
| Filing 3 NOTICE OF APPEARANCE by Charles E. Fowler for Appellant American Pacific Mortgage Corporation, Appellant Element Mortgage. [Entered: 08/11/2025 01:00 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 8/11/2025, Appeal Transcript Order Due (Appellant) 8/14/2025, Appeal Transcript Due (Appellant) 9/15/2025, Appeal Opening Brief Due (Appellant) 10/23/2025, Appeal Answering Brief Due (Appellee) 11/24/2025. For appeal no. 25-4880, 2:21-cv-01088-TMC. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 08/04/2025 11:34 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:21-cv-01088-TMC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-4880 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 08/04/2025 11:26 AM] |
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| Plaintiff: AMERICAN PACIFIC MORTGAGE CORPORATION, a California corporation | |
| Represented By: | Mr. Chad Samuel Hummel |
| Represented By: | Charles E. Fowler, Jr |
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| Plaintiff: ELEMENT MORTGAGE, a division of American Pacific Mortgage Corporation | |
| Represented By: | Mr. Chad Samuel Hummel |
| Represented By: | Charles E. Fowler, Jr |
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| Defendant: EVERETT FINANCIAL, INC., doing business as Supreme Lending | |
| Represented By: | Mr. Frederick Matthew Ralph |
| Represented By: | Trevor G. Covey |
| Represented By: | Trevor Illes |
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| Defendant: LUKE WELLING, an individual residing in Washington state | |
| Represented By: | Mr. Jed Powell |
| Represented By: | Trevor G. Covey |
| Represented By: | Trevor Illes |
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