Munding v. Moe
Plaintiff: John D Munding
Defendant: Orville Moe
Interested Party: Barry W Davidson
Trustee: US Trustee
Case Number: 2:2009cv00011
Filed: January 12, 2009
Court: US District Court for the Eastern District of Washington
Office: Bankruptcy Appeal (801) Office
County: Spokane
Presiding Judge: Robert H Whaley
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. § 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 28, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2009 Opinion or Order Filing 28 ORDER AFFIRMING BANKRUPTCY COURT'S ORDER GRANTING SUMMARY JUDGMENT; the 12/8/08 Order of the Bankruptcy Court is AFFIRMED; Appellant's appeal is Denied and Dismissed; DCE directed to close this file. Signed by Senior Judge Robert H. Whaley. (LE, Case Administrator)
September 4, 2009 Filing 27 DECLARATION of Kenneth R. Cleveland Re: Service re #26 Praecipe,, #25 Declaration,,, #24 Appellee's Brief by John D Munding. (Munding, John)
September 3, 2009 Filing 26 Praecipe filed by John D Munding: Re #25 Declaration,,, Praecipe to correct Exhibit pagination. (Attachments: #1 Exhibit - A, #2 Exhibit - B, #3 Exhibit - C, #4 Exhibit - D, #5 Exhibit - E, #6 Exhibit - F, #7 Exhibit - G, #8 Exhibit - H, #9 Exhibit - I, #10 Exhibit - J, #11 Exhibit - K, #12 Exhibit - L, #13 Exhibit - M, #14 Exhibit - N, #15 Exhibit - O, #16 Exhibit - P, #17 Exhibit - Q, #18 Exhibit - R, #19 Exhibit - S, #20 Exhibit - T, #21 Exhibit - U, #22 Exhibit - V, #23 Exhibit - W, #24 Exhibit - X, #25 Exhibit - Y, #26 Exhibit - Z)(Munding, John)
August 31, 2009 Filing 25 DECLARATION of John D. Munding in Support of Appellee's Response Brief on Appeal re #24 Appellee's Brief by John D Munding. (Attachments: #1 Exhibit - A, #2 Exhibit - B, #3 Exhibit - C, #4 Exhibit - D, #5 Exhibit - E, #6 Exhibit - F, #7 Exhibit - G, #8 Exhibit - H, #9 Exhibit - I, #10 Exhibit - J, #11 Exhibit - K, #12 Exhibit - L, #13 Exhibit - M, #14 Exhibit - N, #15 Exhibit - O, #16 Exhibit - P, #17 Exhibit - Q, #18 Exhibit - R, #19 Exhibit - S, #20 Exhibit - T, #21 Exhibit - U, #22 Exhibit - V, #23 Exhibit - W, #24 Exhibit - X, #25 Exhibit - Y, #26 Exhibit - Z)(Munding, John) Modified on 9/1/2009 -- document misnumbered, contains 4 transcript pages per page instead of one page per page, no proof of service; attorney to refile as praecipe to correct. (LE, Case Administrator). Modified on 9/11/2009 -- Praecipe filed at #26 and Declaration of Proof of Service filed at #27 . (LE, Case Administrator).
August 31, 2009 Filing 24 Appellee's BRIEF by John D Munding. (Munding, John) Modified on 9/1/2009 -- document misnumbered ; no proof of service; footnotes single spaced instead of double-spaced; attorney to file proof of service. (LE, Case Administrator).
August 7, 2009 Filing 23 Appellant's BRIEF by Orville Moe. (Attachments: #1 Exhibit "Q" part 1, #2 Exhibit "Q" part 2, #3 Exhibit "Q" part 3, #4 Exhibit "Q" part 4, #5 Certificate of Service)(Shulkin, Jerome)
June 22, 2009 Opinion or Order Filing 22 ORDER VACATING ORDER TO SHOW CAUSE, GRANTING EXTENSION OF TIME; the Court's #18 Order to Show Cause is vacated; Appellant Opening Brief due by 8/7/2009. Signed by Chief Judge Robert H. Whaley. (LE, Case Administrator)
June 12, 2009 Filing 21 PROOF OF SERVICE by Orville Moe re #19 Declaration, #20 Statement of Issues. (Shulkin, Jerome)
June 12, 2009 Filing 20 STATEMENT OF ISSUES by Orville Moe. (Attachments: #1 DESIGNATION OF RECORD)(Shulkin, Jerome) Modified on 6/15/2009 -- Document not consecutively numbered. (LE, Case Administrator).
June 12, 2009 Filing 19 DECLARATION of Jerome Shulkin IN RESPONSE TO ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED re #18 Order to Show Cause by Orville Moe. (Attachments: #1 Exhibit A,B,C)(Shulkin, Jerome) Modified on 6/15/2009 -- Document not consecutively numbered. (LE, Case Administrator).
May 29, 2009 Opinion or Order Filing 18 ORDER TO SHOW CAUSE; Show Cause Response due by 6/12/2009. Signed by Chief Judge Robert H. Whaley. (LE, Case Administrator) Modified on 6/22/2009 -- VACATED - See #22 Order filed 6/22/09. (LE, Case Administrator).
March 16, 2009 Opinion or Order Filing 17 ORDER GRANTING SECOND MOTION FOR EXTENSION OF TIME Granting #14 Stipulated Motion for Extension of Time to File Opening Brief. Signed by Chief Judge Robert H. Whaley. (SAP, Case Administrator)
March 12, 2009 Filing 16 PROOF OF SERVICE by Orville Moe re #15 Notice of Hearing on Motion, #14 Stipulated MOTION for Extension of Time to File Opening Brief. (Shulkin, Jerome)
March 12, 2009 Filing 15 NOTICE of Hearing on Motion re #14 Stipulated MOTION for Extension of Time to File Opening Brief : Motion Hearing set for 3/27/2009 06:30 PM in Without Oral Argument before Chief Judge Robert H. Whaley. (Shulkin, Jerome)
March 12, 2009 Filing 14 Stipulated MOTION for Extension of Time to File Opening Brief by Orville Moe. (Attachments: #1 Text of Proposed Order)(Shulkin, Jerome)
March 11, 2009 Opinion or Order Filing 13 ORDER GRANTING MOTION FOR EXTENSION OF TIME; granting appellant's #8 Motion for Extension of Time to File. Signed by Chief Judge Robert H. Whaley. (LE, Case Administrator)
March 6, 2009 Filing 12 PROOF OF SERVICE by Orville Moe re #11 Notice of Hearing on Motion to Extend Time for the Filing of Appellants Opening Brief. (Shulkin, Jerome)
March 6, 2009 Filing 11 NOTICE of Hearing on Motion re #8 MOTION for Extension of Time to File Opening Brief : Motion Hearing set for 3/10/2009 06:30 PM in Without Oral Argument before Chief Judge Robert H. Whaley. (Shulkin, Jerome)
March 4, 2009 Filing 10 PROOF OF SERVICE by Orville Moe re #9 Proposed Pretrial Order, #7 Attorney Withdrawal & Substitution, #8 MOTION for Extension of Time to File Opening Brief. (Shulkin, Jerome)
March 4, 2009 Filing 9 Proposed Pretrial Order Proposed Order Re Motion for an Extention of Time to File Opening Brief by Orville Moe. (Shulkin, Jerome) Modified on 3/5/2009 -- Wrong event used as this is not a Proposed Pretrial Order; should have been attached to #8 Motion as a proposed order. (LE, Case Administrator).
March 4, 2009 Filing 8 MOTION for Extension of Time to File Opening Brief by Orville Moe. (Shulkin, Jerome) Modified on 3/5/2009 -- Proposed Order incorrectly filed as a Proposed Pretrial Order at Ct. Rec. #9 . (LE, Case Administrator).
March 4, 2009 Filing 7 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Orville Moe. Attorney Aaron Lowe is withdrawing. Jerome Shulkin is substituted as counsel for Defendant. (Shulkin, Jerome)
January 27, 2009 Filing 6 STATUS REPORT OF APPEAL TO APPELLATE COURT from U.S. Bankruptcy Court. (LE, Case Administrator)
January 12, 2009 Filing 5 Notice of Filing BAP No: EW-08-1344 BK No: 06-01966 Pursuant to a notice from the USBAP/USBC, a party to the captioned appeal has timely filed an objection to the disposition of this matter by the Bankruptcy Appellate Panel. As a result of that objection, the matter is transferred to the US District Court. All future pleadings related to this appeal must be filed in this Court with the exception of the Statement of Issues and the Designation of Record. These two documents are to be filed in the Bankruptcy Clerk's Office.To date, no Certificate of Record has been received from the United States Bankruptcy Court for the Eastern District of Washington.* Until that Certificate is received, the time limits imposed by FRBP 8009, as modified by Eastern District LR 83.5(b)(3), shall not commence to run.After the Certificate of Record is received by this Court, the Clerk will issue a Notice of Docketing that will trigger the briefing schedule.If a Certificate of Record is not received within ninety (90) days of this Notice, this Court will issue an Order directing the parties to show cause why the appeal should not be dismissed.s/ JAMES R. LARSEN, Clerk/District Court ExecutiveTEXT ENTRY - No PDF Document*Pursuant to FRBP 8006, it is the responsibility of the parties to monitor the progress of securing the portions of the record necessary for the disposition of the appeal. (CS, Case Administrator)
January 12, 2009 Filing 4 Bankruptcy Record Received from United States Bankruptcy Appellate Panel of the Ninth Circuit. (CS, Case Administrator)
January 12, 2009 Filing 3 CERTIFICATE OF SERVICE by John D. Munding. (CS, Case Administrator)
January 12, 2009 Filing 2 Notice of Election to United States District Court by John D. Munding. (CS, Case Administrator)
January 12, 2009 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 06-01966. Filed by Orville Moe. (Attachments: #1 Order, #2 Transmittal, #3 BK Docket Sheet, #4 BK Party List)(CS, Case Administrator)

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Interested party: Barry W Davidson
Represented By: Barry Wayne Davidson
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Trustee: US Trustee
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Defendant: Orville Moe
Represented By: Jerome Shulkin
Represented By: Aaron Lee Lowe
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Plaintiff: John D Munding
Represented By: John Degnan Munding
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