In re: Jacqueline C. Melcher

California Northern District Court
Judge:Ronald M Whyte
Case #: 5:13-cv-03766
Nature of Suit422 Bankruptcy - Appeal 28 USC 158
Cause28:0158 Notice of Appeal re Bankruptcy Matter (BAP)
Case Filed:Aug 14, 2013
Terminated:Sep 30, 2014
Last checked: Saturday Jan 24, 2015 4:08 AM PST
Appellant
Jacqueline C. Melcher
P.O. Box 222798
Carmel, CA 93922
Miscellaneous
US Bankruptcy Court
280 Sourth First St., Room 3035
San Jose, CA 95113
Miscellaneous
Judge Arthur S. Weissbrodt
U.S. Bankruptcy Court 280 South First Street Room 3035
San Jose, CA 95113
Trustee
John W. Richardson
Represented By
Charles Patrick Maher
Mckenna Long & Aldridge LLP
contact info
Trustee
US Trustee
280 South First St., Ste. 268
San Jose, CA 95113

GPO Aug 20 2013
ORDER DIRECTING CLERK TO REASSIGN CASE. Having determined this action was incorrectly assigned under the terms of General Order 44, the court orders the Clerk to reassign this action to Judge Ronald M. Whyte as matters arising from the same underlying bankruptcy case are already pending, or have been pending, before Judge Whyte. Signed by Judge Edward J. Davila on 8/20/2013. (ejdlc1, COURT STAFF) (Filed on 8/20/2013) (Additional attachment(s) added on 8/20/2013: # (1) Certificate of Service) (ecg, COURT STAFF).
GPO Nov 13 2014
ORDER by Judge Ronald M. Whyte denying 11 Motion to Amend/Correct ; in case 5:13-cv-01665-RMW; denying 11 Motion to Amend/Correct ; in case 5:13-cv-03766-RMW (rmwlc1, COURT STAFF) (Filed on 11/13/2014)

Docket last updated: 04/24/2024 11:59 PM PDT
Wednesday, September 02, 2015
24 24 oth_evt Clerk's Notice Wed 09/02 11:40 AM
CLERK'S NOTICE spreading mandate of this court. (bwS, COURT STAFF) (Filed on 9/2/2015)
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23 23 appeal USCA Mandate Wed 09/02 11:21 AM
MANDATE of USCA as to15 Notice of Appeal filed by Jacqueline C. Melcher. The judgment of this Court, entered June 10, 2015, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. (bwS, COURT STAFF) (Filed on 9/2/2015)
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Monday, August 24, 2015
22 22 appeal USCA Order Mon 08/24 3:43 PM
ORDER of USCA as to15 Notice of Appeal filed by Jacqueline C. Melcher. Appellants motion for an extension of time to file a motion for consideration of the courts June 10, 2015 order is granted. The court has received and considered the motion for reconsideration filed on June 26, 2015, the amendment filed on July 9, 2015, the additional exhibits filed on July 10, 2015, and the supplemental submission filed on July 24, 2015. The motion for reconsideration is denied. See 9th Cir. R. 27-10. No further filings will be entertained in this closed case. (bwS, COURT STAFF) (Filed on 8/24/2015)
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Wednesday, June 10, 2015
21 21 appeal USCA Order Wed 06/10 12:27 PM
ORDER of USCA as to15 Notice of Appeal. Appellant filed a notice withdrawing the motion to proceed in forma pauperis and Form 4 financial affidavit and paid the docketing and filing fees for this appeal. Accordingly, pursuant to the courts April 14, 2015 order, the motion to proceed in forma pauperis and Form 4 financial affidavit (docket nos. 3, 4) are withdrawn and shall remain sealed. The April 14, 2015 order is vacated to the extent it denied the motion to proceed in forma pauperis. A review of the record and appellants responses to the courts April 14, 2015 order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard). Accordingly, we summarily affirm the district courts December 10, 2014 post-judgment order.AFFIRMED.(bwS, COURT STAFF) (Filed on 6/10/2015)
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Wednesday, May 06, 2015
20 20 appeal USCA Appeal Fees Wed 05/06 3:13 PM
USCA Appeal Fees received $ 505 receipt number 54611015587 re15 Notice of Appeal filed by Jacqueline C. Melcher (bwS, COURT STAFF) (Filed on 5/6/2015)
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Tuesday, April 28, 2015
19 19 misc Received Document Thu 04/30 9:24 AM
Received Appellante's Statement to Judge Whyte Regarding the Court's March 16, 2015 Order Denying Motion for Leave to Appeal In forma Pauperis by Jacqueline C. Melcher. (bwS, COURT STAFF) (Filed on 4/28/2015)
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Tuesday, April 14, 2015
18 18 appeal USCA Order Wed 04/15 6:48 AM
ORDER of USCA as to15 Notice of Appeal. Appellants motion to proceed in forma pauperis is denied because we find that the appeal is frivolous. Appellants February 2, 2015 motion to file motion to proceed in forma pauperis and Form 4 financial affidavit under seal is denied. However, within 14 days from the date of this order, appellant may file a notice in this court withdrawing the motion to proceed in forma pauperis and Form 4 financial affidavit. Otherwise, the filings (docket # 3, 4) will be unsealed in this court. If appellant elects to withdraw the motion to proceed in forma pauperis and Form 4 financial affidavit, then this order will be vacated to the extent it denies the motion to proceed in forma pauperis. Regardless of whether appellant withdraws the motion to proceed in forma pauperis and Form 4 financial affidavit, if appellant wishes to pursue this appeal despite the courts finding that it is frivolous then, within 21 days after the date of this order, appellant shall pay $505.00 to the district court as the docketing and filing fees for this appeal and file proof of payment with this court. Otherwise, the appeal will be dismissed by the Clerk for failure to prosecute, regardless of further filings. See 9th Cir. R. 42-1. No motions for reconsideration, clarification, or modification of the denial of appellants in forma pauperis status shall be entertained. Because the court has found that this appeal is frivolous, the district courts post-judgment order may be summarily affirmed even if appellant pays the fees. If appellant pays the fees and files proof of such payment in this court, appellant therefore shall simultaneously show cause why the post-judgment order challenged in this appeal should not be summarily affirmed. See 9th Cir. R. 3-6. If appellant elects to show cause, a response may be filed within 10 days after service of appellants filing. If appellant pays the fees but fails to file a response to this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. If the appeal is dismissed for failure to comply with this order, the court will not entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees and a response to the order to show cause. Briefing is suspended pending further order of this court (bwS, COURT STAFF) (Filed on 4/14/2015)
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Tuesday, January 20, 2015
17 17 appeal USCA Order Tue 01/20 2:13 PM
ORDER of USCA as to15 Notice of Appeal. A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay the docketing and filing fees for this appeal to the District Court; or (3) otherwiseshow cause why the appeal should not be dismissed for failure to prosecute. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. Any motion to proceed in forma pauperis must include a financial declaration such as the attached Form 4. If appellant fails to comply with this order, this appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1.(bwS, COURT STAFF) (Filed on 1/20/2015)
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appeal USCA Case Number Tue 01/20 7:29 AM
USCA Case Number 15-15081 USCA for15 Notice of Appeal filed by Jacqueline C. Melcher. (bwS, COURT STAFF) (Filed on 1/20/2015)
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Friday, January 16, 2015
16 16 appeal USCA Scheduling Order Tue 01/20 7:27 AM
USCA Scheduling Order as to15 Notice of Appeal. The schedule is set as follows: Fee due from Appellant Jacqueline C. Melcher on 01/09/2015. Appellant Jacqueline C. Melcher opening brief due 04/20/2015. Appellee John W. Richardson answering brief due 05/20/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. (bwS, COURT STAFF) (Filed on 1/16/2015)
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Friday, January 09, 2015
15 15 appeal Notice of Appeal Tue 01/13 10:45 AM
NOTICE OF APPEAL to the 9th Circuit Court of Appeals re14 Order Denying Motion for Reconsideration filed by Jacqueline C. Melcher. (bwS, COURT STAFF) (Filed on 1/9/2015)
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Wednesday, December 10, 2014
14 14 order Order on Motion for Reconsideration Wed 12/10 10:07 AM
ORDER by Judge Ronald M. Whyte in case 5:09-cv-01752-RMW; denying (13) Motion for Reconsideration. (rmwlc1, COURT STAFF) (Filed on 12/10/2014)
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Thursday, November 13, 2014
12 12 ORDER by Judge Ronald M. Whyte denying 11 Motion to Amend/Correct ; in case 5:13-cv-01665-RMW; denying 11 Motion to Amend/Correct ; in case 5:13-cv-03766-RMW (rmwlc1, COURT STAFF) (Filed on 11/13/2014)
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Wednesday, November 12, 2014
13 13 MOTION TO RE-CONSIDER THE COURT'S ORDER DISMISSING AP EALS 13-1665 13-3766 13-5259, 14-749,14-872, 14-1299 and 14-1382 UNDER RULE FRBP 8015 FILED OCTOBER 20, 2014 lS RE-NEWED WITH REQUEST FOR EXCUSABLE NEGLECT PURSUANT TO FEDERAL RULE OF APPELLATE PROCEDURE 26(B) AND THE NINTH CIRCUIT RULE 31-2.2(b) re10 filed by Jacqueline C. Melcher. (bwS, COURT STAFF) (Filed on 11/12/2014)
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Tuesday, October 21, 2014
11 11 Corrected Motion to Re-Consider the Court's Order Dismissing Appeals Under FRAB 8005 re10 filed by Jacqueline C. Melcher. Responses due by 11/4/2014. Replies due by 11/12/2014. (bwS, COURT STAFF) (Filed on 10/21/2014)
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Tuesday, September 30, 2014
10 10 ORDER by Judge Ronald M. Whyte granting (9) Motion to Dismiss for Lack of Prosecution in case 5:13-cv-01665-RMW; granting (9) Motion to Dismiss for Lack of Prosecution in case 5:13-cv-03766-RMW (rmwlc1, COURT STAFF) (Filed on 9/30/2014) (jgS, COURT STAFF).
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Att: 2 (10/6/2014) Certificate/Proof of Service
Friday, September 05, 2014
9 9 MOTION to Dismiss for Lack of Prosecution filed by John W. Richardson. Motion Hearing set for 10/10/2014 09:00 AM before Hon. Ronald M. Whyte. Responses due by 9/19/2014. Replies due by 9/26/2014.(Maher, Charles) (Filed on 9/5/2014)
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Att: 1 Notice of Motion,
Att: 2 6 pgs Memorandum of Points and Authorities,
Att: 3 Declaration of Charles P. Maher,
Att: 4 Certificate/Proof of Service
Tuesday, September 17, 2013
8 8 ORDER RELATING CASE to C 09-01752 RMW and C 13-01665 RMW. Signed by Judge Ronald M. Whyte on 9/17/13. (jgS, COURT STAFF) (Filed on 9/17/2013)
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Tuesday, September 03, 2013
7 7 Appellee's Counter-Designation of Record by John W. Richardson.(bwS, COURT STAFF) (Filed on 9/3/2013) (bwS, COURT STAFF).
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Att: 1 Trustee's Response to Debtor's Request for Investigation,
Att: 2 Exhibit-A,
Att: 3 Exhibit-B,
Att: 4 Exhibits K-C
Att: 5 (9/9/2013) Exhibits D-K,
Att: 6 (9/9/2013) Exhibit-A,
Att: 7 (9/9/2013) Exhibit-A,
Att: 8 (9/9/2013) Exhibits:A-F
Tuesday, August 20, 2013
6 6 ORDER DIRECTING CLERK TO REASSIGN CASE. Having determined this action was incorrectly assigned under the terms of General Order 44, the court orders the Clerk to reassign this action to Judge Ronald M. Whyte as matters arising from the same underlying bankruptcy case are already pending, or have been pending, before Judge Whyte. Signed by Judge Edward J. Davila on 8/20/2013. (ejdlc1, COURT STAFF) (Filed on 8/20/2013) (ecg, COURT STAFF).
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Att: 1 (8/20/2013) Certificate of Service
ORDER REASSIGNING CASE. Pursuant to Signed Order 6 Case Reassign to Judge Ronald M. Whyte for all further proceedings. (gmS, ) (Filed on 8/20/2013)
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Monday, August 19, 2013
5 5 AMENDED DESIGNATION of Record on Appeal by Appellant (cv, COURT STAFF) (Filed on 8/19/2013)
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4 4 NOTICE by John W. Richardson of Lodgment of Administrative Motion Re Related Cases The Trustee has filed an administrative motion in the earliest case (09-cv-01752 RMW) for consideration whether the new appeals (Case Nos. 5:13-cv-01665 RMW and 5:13-cv-03766 EJD) should be related to Case No. 09-cv-01752 RMW, the above case, under Rules 3- (Maher, Charles) (Filed on 8/19/2013) Modified on 8/19/2013 (cv, COURT STAFF). .
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Thursday, August 15, 2013
3 3 CLERKS NOTICE OF BRIEFING (cv, COURT STAFF) (Filed on 8/15/2013)
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Wednesday, August 14, 2013
2 2 *** CLERK'S ERROR *** Please ignore CLERKS NOTICE OF BRIEFING (cv, COURT STAFF) (Filed on 8/14/2013) Modified on 8/14/2013 (cv, COURT STAFF).
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1 1 Notice of Transfer of APPEAL FROM BANKRUPTCY APPELLATE PANEL. Bankruptcy Court case number 01-53251 Bankruptcy Appellate Panel No.: NC 13-1379 File received. Filed by Jacqueline C. Melcher.(cv, COURT STAFF) (Filed on 8/14/2013)
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Att: 1 Transmittal Form,
Att: 2 statement of election to have appeal heard by district court