Axos Bank v. Nano Banc, et al.
| AXOS BANK, a federally chartered savings bank |
| SHELBY MARTELLO, NANO BANC, a California corporation, MARK TRONCALE, an individual, DOES 1-10, 1 through 10, inclusive, Shelby Pond and ROBERT HASLER, an individual |
| 25-5563 |
| September 3, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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| Filing 30 RELEASED FROM MEDIATION (text only). These cases are released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. The briefing schedule is amended as follows: the first brief on cross-appeal is due March 25, 2026; the second brief on cross-appeal is due April 24, 2026; the third brief on cross-appeal is due May 26, 2026; the optional cross-appeal reply brief is due within 21 days from the service date of the third cross-appeal brief. [25-5563, 26-4] [Entered: 02/27/2026 10:18 AM] |
| Filing 29 Amended Notice of Appeal Received. [25-5563, 26-4] [Entered: 02/20/2026 02:11 PM] |
| Filing 28 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 2/27/2026, 10:00 am Pacific Time. Each participant will receive an email with dial-in instructions. [25-5563, 26-4] [Entered: 02/11/2026 01:01 PM] |
| Filing 27 ADDED Counsel for Appellee Katherine Ramos, Counsel for Appellee Connor James Meggs [25-5563, 26-4] [Entered: 01/28/2026 10:26 AM] |
| Filing 26 NOTICE OF APPEARANCE by Connor James Meggs for Appellee Axos Bank. [25-5563, 26-4] [Entered: 01/27/2026 06:29 PM] |
| Filing 25 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 2/11/2026, 11:00 am Pacific Time. Each participant will receive an email with dial-in instructions. [25-5563, 26-4] [Entered: 01/27/2026 03:00 PM] |
| Filing 24 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 1/27/2026, 10:30 am Pacific Time. Each participant will receive an email with dial-in instructions. The briefing schedule is amended as follows: the first brief on cross-appeal is due March 4, 2026; the second brief on cross-appeal is due April 3, 2026; the third brief on cross-appeal is due May 4, 2026; the optional cross-appeal reply brief is due within 21 days from the service date of the third cross-appeal brief. [25-5563, 26-4] [Entered: 01/23/2026 02:52 PM] |
| Filing 23 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Axos Bank. [25-5563, 26-4] [Entered: 01/16/2026 04:45 PM] |
| Filing 22 MEDIATION STATUS REPORT DUE. Mediation Appellee Status Report due (Appellee) 1/20/2026, Mediation Appellant Status Report due (Appellant) 1/20/2026 . See order for instructions and details. [25-5563, 26-4] [Entered: 01/05/2026 12:44 PM] |
| Filing 21 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 1/7/2026, Cross Appeal First Brief Due 2/11/2026, Cross Appeal Second Brief Due 3/13/2026, Cross Appeal Third Brief Due 4/13/2026. For appeal no. 25-5563, 5:19-cv-02092-JGB-SHK. 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 [26-4, 25-5563] [Entered: 01/02/2026 10:39 AM] |
| Filing 20 Amended Notice of Appeal Received. [Entered: 12/29/2025 08:39 AM] |
| Filing 19 Amended Notice of Appeal Received. [Entered: 12/23/2025 01:54 PM] |
Filing 18
ORDER FILED. On November 25, 2025, the district court resolved the post-judgment motion. The stay of proceedings is therefore lifted and this appeal will proceed. The opening brief is due January 20, 2026. The answering brief is due February 19, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 12/12/2025 04:35 PM]
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| Filing 17 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 12/19/2025, 11:00 am Pacific Time. Each participant will receive an email with dial-in instructions. [Entered: 12/01/2025 12:22 PM] |
| Filing 16 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Mediation Conference Call 12/1/2025, 11:00 AM Pacific Time (originally 11/20/2025). Each participant will receive an email modifying the dial-in information. [Entered: 11/19/2025 05:53 PM] |
| Filing 15 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 11/20/2025, 1:00 pm Pacific Time. Each participant will receive an email with dial-in instructions. [Entered: 11/04/2025 04:08 PM] |
| Filing 14 ADDED Counsel for Appellant Jean-Claude Andre [Entered: 10/23/2025 03:16 PM] |
| Filing 13 NOTICE OF APPEARANCE by Jean-Claude Andre for Appellant Nano Banc. --[COURT UPDATE: Updated docket text to reflect correct party.] [Entered: 10/23/2025 02:59 PM] [Edited: 10/23/2025 04:00 PM] |
| Filing 12 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 10/24/2025, 9:00 am Pacific Time. Each participant will receive an email with dial-in instructions. [Entered: 10/07/2025 04:14 PM] |
| Filing 11 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 10/7/2025, 11:00 am Pacific Time. Each participant will receive an email with dial-in instructions. [Entered: 10/02/2025 03:52 PM] |
| Filing 10 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 9/30/2025, 11:00 AM PACIFIC Time. See order for instructions and details. [Entered: 09/23/2025 04:51 PM] |
| Filing 9 ADDED Counsel for Appellant Ryan Neil Burns [Entered: 09/18/2025 08:49 AM] |
| Filing 8 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Nano Banc, Appellant Mark Troncale, Appellant Shelby Martello, Appellant Robert Hasler. [Entered: 09/17/2025 10:02 PM] |
| Filing 7 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Nano Banc, Appellant Mark Troncale, Appellant Shelby Martello, Appellant Robert Hasler. [Entered: 09/17/2025 10:00 PM] |
| Filing 6 MEDIATION QUESTIONNAIRE filed by Appellant Nano Banc, Appellant Mark Troncale, Appellant Shelby Martello, Appellant Robert Hasler. 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: 09/17/2025 09:50 PM] |
| Filing 5 NOTICE OF APPEARANCE by Ryan Neil Burns for Appellant Mark Troncale, Appellant Nano Banc, Appellant Robert Hasler, Appellant Shelby Martello. [Entered: 09/17/2025 09:29 PM] |
| Filing 4 MEDIATION ORDER (text only): Mediation Questionnaire due (Appellant) 9/17/2025. The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Appellant shall file a Mediation Questionnaire (#form07.pdf (uscourts.gov)) or dismiss the appeal voluntarily. Information about the mediation program may be found on the court's website: #www.ca9.uscourts.gov/mediation. [Entered: 09/12/2025 11:07 AM] |
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Filing 3
ORDER FILED. Proceedings in this court other than mediation are stayed until the district court rules on the timely tolling motion filed on August 28, 2025. See Fed. R. App. P. 4(a)(4); Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). The clerk will send a copy of this order to the district judge. [Entered: 09/05/2025 05:30 PM]
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| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 9/8/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 10/14/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 11/12/2025. For appeal no. 25-5563, 5:19-cv-02092-JGB-SHK. 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: 09/03/2025 11:54 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 5:19-cv-02092-JGB-SHK 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 25-5563 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: 09/03/2025 11:48 AM] |
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