Jeffrey Schulken, et al v. Donald R. Earl, et al
Appeal Court of Appeals for the Ninth Circuit, Case No. 13-15191

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Legal Document (Payment Possibly Required) 40 Filed: 6/19/2015, Entered: None
Filed order (Deputy Clerk: KD) Appellant's June 15, 2015 motion for voluntary dismissal of this appeal is granted. This appeal is dismissed pursuant to Federal Rule of Appellate Procedure 42(b). A copy of this order sent to the district court shall constitute the mandate. [9581698] (OC) [Entered: 06/19/2015 04:41 PM]
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    Legal Document (Payment Possibly Required) 39 Filed: 6/15/2015, Entered: None
    Filed (ECF) Appellant Donald R. Earl Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 06/15/2015. [9573566] [13-15191] (MV) [Entered: 06/15/2015 08:01 AM]
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      Legal Document (Payment Possibly Required) 38 Filed: 5/11/2015, Entered: None
      Filed clerk order (Deputy Clerk: KD): Pursuant to this court's April 10, 2015 order directing the Clerk to appoint pro bono counsel, Mario Valenzuela, Esq., is hereby appointed to represent appellant for purposes of this appeal only. The Clerk shall amend the docket to reflect that Mario Valenzuela, Esq., The Advocates' Law Firm, PC., 1430 Truxtun Avenue, Fifth Floor , Bakersfield, CA 93301, Email: mario@theadvocateslaw.com, is pro bono counsel of record for appellant. Within 14 days after the date of this order, pro bono counsel shall register on the court's website for electronic filing/noticing with the Case Management/ Electronic Case Files (CM/ECF) system, if counsel has not already done so. Within 30 days after the date of this order, appellant shall, and appellees may, complete and submit the Ninth Circuit Mediation Questionnaire. See 9th Cir. R. 3-4. The Clerk shall transmit the Mediation Questionnaire to counsel with this order. Counsel shall return it according to the instructions contained in the Mediation Questionnaire. Supplemental or replacement briefing shall proceed as follows: the opening brief is due August 14, 2015; the answering brief is due September 14, 2015; and the optional reply brief is due within 14 days after service of the answering brief. Pro bono counsel shall appear at oral argument. The Clerk shall serve a copy of this order on appellant individually. [9532346] (SML) [Entered: 05/11/2015 02:15 PM]
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        Legal Document (Payment Possibly Required) 37 Filed: 4/10/2015, Entered: None
        Filed clerk order (Deputy Clerk: KD): Upon review of the record and the briefing, this court has determined that the appointment of pro bono counsel in this appeal would benefit the court's review. The court by this order expresses no opinion as to the merits of this appeal. The Clerk shall enter an order appointing pro bono counsel to represent appellant for purposes of this appeal only... The Clerk shall establish a supplemental/replacement briefing schedule. Pro bono counsel shall appear at oral argument. The appeal is stayed pending further order of this court. If appellant objects to the court's appointment of counsel in this appeal, appellant shall file a written objection within 14 days after the date of this order. (see order for full text) [9491416] (KD) [Entered: 04/10/2015 12:43 PM]
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          Legal Document (Payment Possibly Required) 36 Filed: 2/17/2015, Entered: None
          Filed Appellant Donald R. Earl letter dated re: asking when a decision will be issued. Paper filing deficiency: None. [9423678] (MT) [Entered: 02/17/2015 04:35 PM]
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            Legal Document (Payment Possibly Required) 25 Filed: 7/12/2013, Entered: None
            Filed Appellant Donald R. Earl motion to strike plaintiffs-appellees reply in support of cross motion to dismiss the appeal and response in opposition to ear's cross motion for sanctions. Served on 07/10/2013. [8702253] (MT) [Entered: 07/12/2013 03:47 PM]
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              Legal Document (Payment Possibly Required) 24 Filed: 7/12/2013, Entered: None
              Filed Appellant Donald R. Earl response to appellee's second motion for additional time to file answering brief. Served on 07/10/2013. [8702244] (MT) [Entered: 07/12/2013 03:45 PM]
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                Blank 23 Filed: 7/12/2013, Entered: None
                Filed order (Appellate Commissioner): Appellant’s June 14, 2013 motion to supplement the record is granted. Appellees’ June 20, 2013 motion to dismiss the appeal is denied. Appellant’s July 3, 2013 motion to strike the declaration of Megan Lindsey is denied. Appellant’s July 3, 2013 motion to strike appellees’ reply is denied. Appellant’s June 21, 2013 motion for summary determination is denied. Appellant’s June 21, 2013 motion to impose sanctions on appellees for failure to timely file the answering brief is denied. Appellees’ motions for extensions of time to file the answering briefs are granted. The answering briefs are due August 2, 2013. Appellant’s motion for an extension of time to file the optional reply brief is granted. The optional reply brief is due within 35 days after service of the answering brief. Appellant’s request for an expansion of the word limit by 1,400 words is denied without prejudice to renewal accompanied by a single copy of the brief appellant proposes to file in compliance with the requirements under Circuit Rule 32-2. (MOATT) [8700861] (WL) [Entered: 07/12/2013 08:03 AM]
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                  Legal Document (Payment Possibly Required) 22 Filed: 7/8/2013, Entered: None
                  Filed (ECF) Appellees Jeffrey Schulken and Jenifer Schulken response opposing motion (, ,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 07/08/2013. [8693923] (SLW) [Entered: 07/08/2013 11:53 AM]
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                    Legal Document (Payment Possibly Required) 21 Filed: 7/3/2013, Entered: None
                    Filed (ECF) Appellees JPMorgan Chase Bank, N.A., Jeffrey Schulken, Jenifer Schulken and Washington Mutual Bank, Henderson, NV Joint Motion to extend time to file Answering brief until 08/02/2013 at 07:00 pm. Date of service: 07/03/2013. [8691601] (SLW) [Entered: 07/03/2013 04:07 PM]
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                      Legal Document (Payment Possibly Required) 20 Filed: 7/3/2013, Entered: None
                      Filed Appellant Donald R. Earl objections re: appellee's reply and Lindsey delcaration; re: late motion to extend time for filing and appellant's motion to strike reply and declaration. Served on 07/01/2013. [8691316] (MT) [Entered: 07/03/2013 03:00 PM]
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                        Legal Document (Payment Possibly Required) 19 Filed: 7/2/2013, Entered: None
                        Filed Appellant Donald R. Earl response to Schulken's opposition to supplementing the record and cross motion to dismiss the appeal and appellant's cross motion for 28 USC 1927 Sanctions. served on 06/28/2013 [8689458] (MT) [Entered: 07/02/2013 02:22 PM]
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                          Legal Document (Payment Possibly Required) 18 Filed: 6/28/2013, Entered: None
                          Filed (ECF) Appellees Jeffrey Schulken and Jenifer Schulken reply to response (). Date of service: 06/28/2013. [8686341] (SLW) [Entered: 06/28/2013 04:28 PM]
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                            Legal Document (Payment Possibly Required) 17 Filed: 6/21/2013, Entered: None
                            Filed Appellant Donald R. Earl combined response to appellee's late motions to extend time to file response briefs and cross motions for sanctions and conditional circuit rule 28.4 motion for extension of time and expansion of word limit for appellant's reply brief and motion for circuit rule 3-6a summary determination. Served on 06/19/2013. [8678555] (MT) [Entered: 06/24/2013 09:12 AM]
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                              Legal Document (Payment Possibly Required) 16 Filed: 6/20/2013, Entered: None
                              Filed (ECF) Appellees Jeffrey Schulken and Jenifer Schulken Motion for miscellaneous relief [Motion for Leave to File Amended Opposition to Earl's "Unopposed" Motion to Supplement the Record and Cross Motion to Dismiss Earl's Appeal]. Date of service: 06/20/2013. [8676475] (SLW) [Entered: 06/20/2013 08:04 PM]
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                                Legal Document (Payment Possibly Required) 15 Filed: 6/18/2013, Entered: None
                                Filed (ECF) Appellees Jeffrey Schulken and Jenifer Schulken Motion for miscellaneous relief [Cross Motion to Dismiss the Appeal] and Response opposing motion (miscellaneous request). Date of service: 06/18/2013. [8672797] (SLW) [Entered: 06/18/2013 06:05 PM]
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                                  Legal Document (Payment Possibly Required) 14 Filed: 6/14/2013, Entered: None
                                  Filed Appellant Donald R. Earl motion to supplement the record. Served on 06/11/2013. [8672464] (MT) [Entered: 06/18/2013 03:26 PM]
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                                    Legal Document (Payment Possibly Required) 13 Filed: 6/10/2013, Entered: None
                                    Filed (ECF) Appellee JPMorgan Chase Bank, N.A. corporate disclosure statement. Date of service: 06/10/2013. [8662068] (VRC) [Entered: 06/10/2013 04:19 PM]
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                                      Legal Document (Payment Possibly Required) 12 Filed: 6/10/2013, Entered: None
                                      Filed (ECF) Appellee JPMorgan Chase Bank, N.A. Motion to extend time to file Answering brief until 07/10/2013 at 07:00 pm. Date of service: 06/10/2013. [8662058] (VRC) [Entered: 06/10/2013 04:18 PM]
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                                        Legal Document (Payment Possibly Required) 11 Filed: 6/9/2013, Entered: None
                                        Filed (ECF) Appellees Jeffrey Schulken and Jenifer Schulken Motion to extend time to file Answering brief until 07/10/2013 at 07:00 pm. Date of service: 06/09/2013. [8660569] (SLW) [Entered: 06/09/2013 07:53 PM]
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                                          Legal Document (Payment Possibly Required) 9 Filed: 5/30/2013, Entered: None
                                          Filed order (WILLIAM A. FLETCHER and CONSUELO M. CALLAHAN)Appellant’s urgent motion is denied. The briefing schedule established previously shall remain in effect. [8648965] (KKW) [Entered: 05/30/2013 02:41 PM]
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                                            Legal Document (Payment Possibly Required) 8 Filed: 5/3/2013, Entered: None
                                            Filed Appellant Donald R. Earl reply to "plaintiffs' opposition to objector Earl's urgent motion to stay the District Court's bond order". Served on 05/01/2013 [8619101] (RL) [Entered: 05/07/2013 10:45 AM]
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                                              Legal Document (Payment Possibly Required) 7 Filed: 5/3/2013, Entered: None
                                              Filed original and 7 copies of Appellant Donald R. Earl (Informal: No) opening brief of 40 pages. Four copies Excerpts of Record in 1 volume. Served on 05/01/2013. [8616966] (RH) [Entered: 05/06/2013 11:08 AM]
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                                                Legal Document (Payment Possibly Required) 34 Filed: 9/5/2013, Entered: None
                                                Filed original and 7 copies of Appellant Donald R. Earl (Informal: No) reply brief of 25 pages 96,049 words].. Four copies of Supplemental Excerpts of Record in 1 Volume. Served on 09/03/2013. [8779769] (GV)
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                                                  Legal Document (Payment Possibly Required) 6 Filed: 4/29/2013, Entered: None
                                                  Filed (ECF) Appellees Jeffrey Schulken and Jenifer Schulken response opposing motion (to stay lower court action, miscellaneous request, ). Date of service: 04/29/2013. [8608802] (SLW) [Entered: 04/29/2013 04:07 PM]
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                                                    Legal Document (Payment Possibly Required) 30 Filed: 8/6/2013, Entered: None
                                                    Filed clerk order: The answering brief [28] submitted by JPMorgan Chase Bank, N.A. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8733265] (GV)
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                                                      Legal Document (Payment Possibly Required) 5 Filed: 4/25/2013, Entered: None
                                                      Filed clerk order (Deputy Clerk: KE):The court is in receipt of appellant’s April 22, 2013 filing, titled an “urgent motion under Rule 27-3(b) to stay the district court’s bond order entered on April 2, 2013.” Although appellant’s motion requests relief by May 13, 2013, the motion will not be treated as an emergency because appellant gives no basis for requesting relief by this specific date. Appellant’s urgent motion will be addressed in due course. The briefing schedule established previously shall remain in effect. [8604305] (KKW) [Entered: 04/25/2013 10:14 AM]
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                                                        Legal Document (Payment Possibly Required) 29 Filed: 8/5/2013, Entered: None
                                                        Filed clerk order: The answering brief [27] submitted by Jeffrey Schulken and Jenifer Schulken is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [26] submitted by Jeffrey Schulken and Jenifer Schulken. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8730542] (GV)
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                                                          Blank 4 Filed: 4/22/2013, Entered: None
                                                          Filed Appellant Donald R. Earl district court $5,000 cost bond order filed on 4/2/13. Served on 04/18/2013. [8601131] (MT) [Entered: 04/23/2013 01:46 PM]
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                                                            Legal Document (Payment Possibly Required) 28 Filed: 8/2/2013, Entered: None
                                                            Submitted (ECF) Answering Brief for review. Submitted by Appellee JPMorgan Chase Bank, N.A.. Date of service: 08/02/2013. [8729439]--[COURT UPDATE: Attached corrected brief. Resent NDA. 08/06/2013 by RY] (VRC)
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                                                              Legal Document (Payment Possibly Required) 3 Filed: 4/22/2013, Entered: None
                                                              Filed Appellant Donald R. Earl urgent motion under circuit rule 27-3b to stay the district court's bond order entered on 4/2/13. Served on 04/18/2013. [8601113] (MT) [Entered: 04/23/2013 01:42 PM]
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                                                                Legal Document (Payment Possibly Required) 27 Filed: 8/2/2013, Entered: None
                                                                Submitted (ECF) Answering Brief for review. Submitted by Appellees Jeffrey Schulken and Jenifer Schulken. Date of service: 08/02/2013. [8729409] (SLW)
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                                                                  Legal Document (Payment Possibly Required) 2 Filed: 4/15/2013, Entered: None
                                                                  Received Appellant Donald R. Earl notice - CR 10-3 certificate. [8591640] (CW) [Entered: 04/16/2013 12:14 PM]
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                                                                    Legal Document (Payment Possibly Required) 26 Filed: 8/2/2013, Entered: None
                                                                    Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Jeffrey Schulken and Jenifer Schulken. Date of service: 08/02/2013. [8729368] (SLW)
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                                                                      Legal Document (Payment Possibly Required) 1 Filed: 1/31/2013, Entered: None
                                                                      DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PROSE APPELLANT. The schedule is set as follows: Transcript ordered by 03/01/2013. Transcript due 04/01/2013. Appellant Donald R. Earl opening brief due 05/10/2013. Appellees JPMorgan Chase Bank, N.A., Jeffrey Schulken, Jenifer Schulken and Washington Mutual Bank, Henderson, NV answering brief due 06/10/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8495076] (GR) [Entered: 01/31/2013 08:08 AM]
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