In re: Philip O. Emiabata
Appellant: Philip O Emiabata
Appellee: Specialized Loan Servicing and Avail 1 LLC
Case Number: 2:2017cv01752
Filed: November 16, 2017
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: King
Presiding Judge: Marsha J. Pechman
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:0158 Notice of Appeal re Bankruptcy Matter (BA
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 2, 2019 Opinion or Order Filing 71 ORDER denying Plaintiff's 70 Motion for Leave to Appeal in forma pauperis. Signed by Judge Marsha J. Pechman. (PM) cc: Appellant via certified mail, return receipt requested. Tracking Number 7004 1160 004 1401 9738, copy to USDC appeals clerk Modified on 4/2/2019 cc 9th Circuit via ECF (CDA).
February 21, 2019 Opinion or Order Filing 65 ORDER denying Appellant's 62 Motion for Reconsideration; denying Appellant's 63 Motion for Extension of Time to File Opening Brief. This matter is dismissed for failure to prosecute. Signed by Judge Marsha J. Pechman. (PM) cc: Appellant via certified mail, return receipt requested. Tracking Number 7006 2760 004 3585 5253
January 31, 2019 Opinion or Order Filing 60 ORDER denying Appellant's 59 Motion to Show Cause. Appellant's request "for extension of time 21 days for Appellant to correct the deficiencies" which he claims are in the record is DENIED. Appellant's opening brief in his appeal is due February 7, 2018. Signed by Judge Marsha J. Pechman. (PM) cc: order sent via UPS overnight to appellant
October 25, 2018 Opinion or Order Filing 54 ORDER granting Appellee Avail 1 LLC counsel's 53 Motion to Withdraw as Attorney and Substitution of Counsel. Ms. McMahon-Myhran of Robinson Tait, P.S. is permitted to withdraw, and Lesley Lueke of Aldridge, Pite, LLP will be permitted to substitute in as counsel of record for Appellee. Signed by Judge Marsha J. Pechman. (TH) (cc: Appellant via first class mail)
September 24, 2018 Opinion or Order Filing 49 ORDER REOPENING CASE AND DIRECTING APPELLANT TO FILE STATEMENT OF ISSUES ON APPEAL signed by Judge Marsha J. Pechman. IT IS ORDERED that the dismissal entered on July 9, 2018 is VACATED 34 35 and this matter is re-opened. The Appellant will fil e a Statement of Issues on Appeal with this Court by 10/22/2018. Any pleadings currently on the docket which are designated as motions by Appellant are stricken; the Court believes it has addressed all matters raised by Appellant in the wake of the July dismissal. (Attachments: # 1 Exhibit A - Statement of Issues on Appeal Form)(PM) cc: Appellant via certified mail (Tracking #7004 2510 0004 3279 8286)
September 18, 2018 Opinion or Order Filing 48 ORDER granting Appellant's 46 Second Amended Motion for Leave to Proceed in forma pauperis. However, to the extent the Court considers reopeningthis dismissed matter, the undersigned recommends review under 28 U.S.C. § 1915(e)(2)(B). Signed by Hon. Mary Alice Theiler. (PM) cc: appellant via certified mail (Tracking #7004 2510 0004 3279 8279)
September 10, 2018 Opinion or Order Filing 44 MINUTE ORDER re: Appellant's 43 MOTION for Leave to Proceed In Forma Pauperis; Appellant is directed to submit new application, with current and complete information, within twenty (20) days of the date of this Minute Order. Authorized by Hon. Mary Alice Theiler. (PM) cc: Appellant with blank IFP Application via U.S. Mail
August 22, 2018 Opinion or Order Filing 41 MINUTE ORDER re: Appellant's 36 MOTION for Leave to Proceed In Forma Pauperis; Plaintiff directed to submit new application, with current and complete information, within twenty (20) days of the date of this Minute Order. Authorized by Hon. Mary Alice Theiler. (PM) cc: Plaintiff with blank IFP Application via U.S. Mail
July 9, 2018 Opinion or Order Filing 34 ORDER dismissing this matter without prejudice for Appellant's failure to pay a filing fee or file a Statement of Issues on Appeal, by Judge Marsha J. Pechman. (SWT) (cc: Appellant via USPS)
June 14, 2018 Opinion or Order Filing 32 ORDER granting Plaintiff's 26 Motion to Vacate the Dismissal. The Court finds good cause to VACATE the Dismissal previously entered and reopen the matter to permit Appellant an opportunity to respond to the Order to Show Cause 22 . Show Cause Response due within 21 days of this order. Signed by Judge Marsha J. Pechman. (PM) cc: plaintiff via certified mail
April 17, 2018 Opinion or Order Filing 23 ORDER OF DISMISSAL dismissing matter without prejudice for Appellant's failure to pay a filing fee or file a Statement of Issues on Appeal. Signed by Judge Marsha J. Pechman. (PM) cc: appellant via first class mail
March 30, 2018 Opinion or Order Filing 22 ORDER TO SHOW CAUSE directing Appellant to show cause why this matter should not be dismissed for procedural deficiencies cited in this order. Show Cause Response due by 4/13/2018. Signed by Judge Marsha J. Pechman. (PM) cc: appellant via first class mail
February 20, 2018 Opinion or Order Filing 20 ORDER denying Appellant's 12 Motion for Correction of Appellees Numbers to Read Three Appellees and denying Appellant's 13 Motion for Full Disclosure of Corporate Owner-Ships[sic]/Certificate. Signed signed by Judge Marsha J. Pechman. (PM) cc: Appellant via first class mail
February 16, 2018 Opinion or Order Filing 19 ORDER affirming Judge Pechman's denial of 14 Motion for Recusal, signed by Judge Ricardo S Martinez. (SWT) (cc: Appellant via USPS)
February 5, 2018 Opinion or Order Filing 17 ORDER referring Appellant's 14 MOTION to Recuse to Chief Judge Ricardo S. Martinez. This action and all motions currently pending before the Court are hereby STAYED pending resolution of the recusal issue. No further motions shall be filed in this matter until the stay is lifted. Any motions filed while the matter is stayed will not be considered and will be subject to dismissal. Signed by Judge Marsha J. Pechman. (PM) cc: Appellant via first class mail
January 17, 2018 Opinion or Order Filing 11 ORDER denying Appellant's 8 Motion for Stay of Enforcement of Judgment signed by Judge Marsha J. Pechman. (TH) (cc: Appellant via U.S. Mail)
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Appellant: Philip O Emiabata
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Appellee: Specialized Loan Servicing
Represented By: Daniel Ross
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Appellee: Avail 1 LLC
Represented By: Lisa McMahon-Myhran
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