Russell, et al. v. Dave Inc., et al.
| MICHAEL RUSSELL, individually on behalf of all others similarly situated, and on behalf of the general public, JOSEPH PRESTON, individually on behalf of all others similarly situated, and on behalf of the general public and JAMES TOSCHES |
| DAVE INC., a Delaware corporation and EVOLVE BANK & TRUST |
| BLUE STAR FAMILIES and NATIONAL MILITARY FAMILY ASSOCIATION |
| 26-12 |
| January 2, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on June 23, 2026. A more recent docket listing may be available from PACER.
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| Filing 33 CLERK ACTION: Amicus Brief submitted at DE 31 by Amici Curiae Blue Star Families and the National Military Family Association is filed. No paper copies are required. [Entered: 06/23/2026 10:03 AM] |
| Filing 32 ADDED Amici Curiae Blue Star Families, National Military Family Association; Counsel for Amici Curiae: Seth E. Mermin. [Entered: 06/23/2026 10:02 AM] |
| Filing 31 AMICUS BRIEF by government or with consent submitted for filing by Amici Curiae Blue Star Families and the National Military Family Association. [Entered: 06/22/2026 02:01 PM] |
| Filing 30 CLERK ACTION: Answering Brief submitted at DE 29 by Appellees is filed. No paper copies are required. [Entered: 06/15/2026 08:42 AM] |
| Filing 29 ANSWERING BRIEF submitted for filing by Appellee Michael Russell, Appellee Joseph Preston, Appellee James Tosches. [Entered: 06/12/2026 02:49 PM] |
| Filing 28 RESPONSE to Motion to Consolidate (DE 27) filed by Appellee Michael Russell, Appellee Joseph Preston, Appellee James Tosches. [Entered: 05/29/2026 02:44 PM] |
| Filing 27 MOTION to Consolidate filed by Appellant Dave Inc.. [Entered: 05/19/2026 08:42 AM] |
Filing 26
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 25) granted. Amended briefing schedule: Answering Brief Due (Appellee) 6/12/2026. 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: 05/05/2026 04:51 PM]
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| Filing 25 Streamlined Request for Extension of Time to File Brief filed by Appellee Michael Russell, Appellee Joseph Preston, Appellee James Tosches. [Entered: 05/05/2026 01:59 PM] |
| Filing 24 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 22, DE 23 by Appellants Dave Inc. and Evolve Trust & Bank are filed. No paper copies are required. [Entered: 04/14/2026 09:11 AM] |
| Filing 23 OPENING BRIEF submitted for filing by Appellant Dave Inc., Appellant Evolve Bank & Trust.--[COURT UPDATE: Edited docket text to reflect all party filers] [Entered: 04/13/2026 01:00 PM] [Edited: 04/14/2026 09:10 AM] |
| Filing 22 EXCERPTS OF RECORD submitted for filing by Appellant Dave Inc., Appellant Evolve Bank & Trust.--[COURT UPDATE: Edited docket text to reflect all party filers] [Entered: 04/13/2026 11:46 AM] [Edited: 04/14/2026 09:10 AM] |
| Filing 21 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. The briefing schedule previously set by the court remains in effect. [Entered: 03/18/2026 01:47 PM] |
| Filing 20 MEDIATION STATUS REPORT DUE. Mediation Appellant Status Report due (Appellant) 3/18/2026, Mediation Appellee Status Report due (Appellee) 3/18/2026. See order for instructions and details. [Entered: 03/03/2026 01:15 PM] |
| Filing 19 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 3/3/2026, 11:30 am Pacific Time. Each participant will receive an email with dial-in instructions. The briefing schedule previously set by the court remains in effect. [Entered: 02/17/2026 01:52 PM] |
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Filing 18
ORDER FILED. (TEXT ONLY) The motion (Docket Entry No. 17) for an extension of time to file the opening brief is granted. The opening brief is due April 13, 2026. The answering brief is due May 13, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 02/12/2026 04:08 PM]
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| Filing 17 MOTION to Extend Time to File Brief filed by Appellant Dave Inc.. [Entered: 02/09/2026 01:50 PM] |
| Filing 16 ADDED Counsel for Appellant Charles McCloud, Counsel for Appellant Ryan Thomas Scarborough, Counsel for Appellant Jesse Smallwood [Entered: 02/05/2026 10:13 AM] |
| Filing 15 NOTICE OF APPEARANCE by Jesse Smallwood for Appellant Dave Inc.. [Entered: 02/05/2026 09:58 AM] |
| Filing 14 NOTICE OF APPEARANCE by Ryan Thomas Scarborough for Appellant Dave Inc.. [Entered: 02/05/2026 09:52 AM] |
| Filing 13 NOTICE OF APPEARANCE by Charles McCloud for Appellant Dave Inc.. [Entered: 02/05/2026 09:48 AM] |
| Filing 12 ADDED Counsel for Appellee Jacob Phillips [Entered: 01/20/2026 11:17 AM] |
| Filing 11 NOTICE OF APPEARANCE by Jacob Phillips for Appellee James Tosches, Appellee Joseph Preston, Appellee Michael Russell. [Entered: 01/20/2026 06:32 AM] |
| Filing 10 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Dave Inc., Appellant Evolve Bank & Trust. [Entered: 01/16/2026 06:49 AM] |
| Filing 9 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 2/17/2026, 11:30 a.m. PACIFIC Time. See order for instructions and details. [Entered: 01/15/2026 01:05 PM] |
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Filing 8
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Opening Brief Due (Appellant) 3/13/2026, Answering Brief Due (Appellee) 4/13/2026. 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: 01/13/2026 01:23 PM]
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| Filing 7 Streamlined Request for Extension of Time to File Brief filed by Appellant Dave Inc., Appellant Evolve Bank & Trust. [Entered: 01/13/2026 06:58 AM] |
| Filing 6 MEDIATION ORDER: By 1/14/2026, 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. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 01/08/2026 03:48 PM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant Dave Inc., Appellant Evolve Bank & Trust. 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: 01/07/2026 03:39 PM] |
| Filing 4 ADDED Counsel for Appellant Benjamin W. Snyder [Entered: 01/07/2026 01:49 PM] |
| Filing 3 NOTICE OF APPEARANCE by Benjamin W. Snyder for Appellant Dave Inc., Appellant Evolve Bank & Trust. [Entered: 01/07/2026 01:16 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 1/7/2026, Appeal Opening Brief (No Transcript Due) (Appellant) 2/11/2026, Appeal Answering Brief (No Transcript Due) (Appellee) 3/13/2026. For appeal no. 26-12, 2:25-cv-04029-MRA-MBK. 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: 01/02/2026 11:55 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-04029-MRA-MBK 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 26-12 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: 01/02/2026 11:50 AM] |
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