| Docket Date |
2017-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's March 15, 2017 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 14, 2017. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-03-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (8811 CWELT-2008 LLC)
|
| On Behalf Of |
MINERVA DIAZ
|
|
| Docket Date |
2017-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 3/15/17 (8811 CWELT-2008 LLC)
|
| On Behalf Of |
MINERVA DIAZ
|
|
| Docket Date |
2017-01-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2017-01-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2018-02-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's December 28, 2017 amended motion for rehearing of order denying reasonable appellate attorney's fees and costs is denied.
|
|
| Docket Date |
2018-01-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-12-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ ***SEE AMENDED MOTION***
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2017-12-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2017-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant's July 24, 2017 motion for award of reasonable attorney's fees and costs is denied.
|
|
| Docket Date |
2017-07-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2017-07-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2017-07-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2017-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Denying Extension of Reply Brief ~ ORDERED that appellant's July 21, 2017 "motion for two (2) day extension of time to file reply brief due to extraordinary circumstances" is denied. Appellant shall file the reply brief on or before July 26, 2017. No motions or other filings shall toll the time to file the reply brief.
|
|
| Docket Date |
2017-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's July 12, 2017 motion for extension of time is granted for ten (10) days only, and appellant shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2017-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 7/12/17
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2017-05-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (8811 CWELT-2008 LLC)
|
| On Behalf Of |
MINERVA DIAZ
|
|
| Docket Date |
2017-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's May 16, 2017 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 19, 2017. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
MINERVA DIAZ
|
|
| Docket Date |
2017-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellant's April 24, 2017 objection, it is ORDERED that appellee's April 17, 2017 motion for extension of time to file answer brief is granted, and appellee shall serve the answer brief on or before May 16, 2017. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-04-24
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF BY MAY 16, 2017
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2017-04-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (8811 CWELT-2008 LLC)
|
| On Behalf Of |
MINERVA DIAZ
|
|
| Docket Date |
2017-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 23, 2017 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 23, 2017. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2017-01-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 17, 2017 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 21, 2017. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2017-01-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that the December 12, 2016 joint motion to strike is granted, and Record on Appeal Pages 935-943 containing the Mortgage Loan Schedules are stricken; further, ORDERED that appellant shall serve its initial brief within thirty (30) days from the date of the entry of this order.
|
|
| Docket Date |
2016-12-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ (JOINT) MORTGAGE LOAN SCHEDULES FROM ROA
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-11-22
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (335 PAGES) **PORTION STRICKEN - SEE 12/15/16 ORDER**
|
|
| Docket Date |
2016-10-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Granting Clarification ~ ORDERED that appellant's September 16, 2016 motion for clarification, or in the alternative, motion for rehearing is granted. This court's September 2, 2016 order pertaining to the motion to supplement is amended to the following: Upon consideration of appellee's August 27, 2016 objection, it is ORDERED that appellant's August 4, 2016 motion to supplement the record on appeal is granted in part and denied in part. The motion is granted as it pertains to items 18, 37-38, 47-48 in Exhibit A that was attached to the appellant's motion. These materials shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further, the motion to supplement the record on appeal is denied as it pertains to items 1-17, 19-36, 39-46 in Exhibit A that was attached to the appellant's motion; further, The court notes that the clerk of the lower tribunal filed supplemental records on September 8, 2016 and September 20, 2016 pursuant to this court's September 2, 2016 order. Upon consideration of appellant's October 10, 2016 response, it is ORDERED that appellee's September 28, 2016 motion to strike is granted. The supplemental record containing volumes 6 and 7, filed on September 20, 2016, is stricken from the docket. The clerk of the lower tribunal shall prepare and file an amended supplemental record, containing volume 6 as it appeared in the September 20, 2016 filing and containing volume 7 from pages 1 to 276 of the Pooling and Servicing Agreement or pages 659-934 of the supplemental record filed on September 20, 2016. This amended supplemental record shall be filed in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process; further, ORDERED that appellant's September 16, 2016 motion for extension of time to file the initial brief, found in the motion for clarification, or in the alternative, motion for rehearing, is granted, and appellant shall serve the initial brief within thirty (30) days from receipt of the supplemental record. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. The court notes that volume 6 of the supplemental record will again contain the mortgage, item 38 in Exhibit A that was attached to the appellant's August 4, 2016 motion to supplement the record.
|
|
| Docket Date |
2016-10-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE VOLUME 7 FROM RECORD ON APPEAL
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-10-10
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO MOTION TO STRIKE VOLUME 7 FROM RECORD ON APPEAL
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-09-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ VOLUME 7 FROM THE RECORD ON APPEAL
|
| On Behalf Of |
MINERVA DIAZ
|
|
| Docket Date |
2016-09-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 334 PAGES **STRICKEN FROM THE DOCKET - SEE 10/24/16 ORDER**
|
|
| Docket Date |
2016-09-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR CLARIFICATION, ETC. *AND* APPENDIX TO RESPONSE
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-09-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ *OR IN THE ALTERNATIVE* MOTION FOR REHEARING ON ORDER ON MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-09-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO AFFIDAVIT OF DAVID TOMKINS
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-09-14
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to the affidavit of David Tomkins filed September 9, 2016.
|
|
| Docket Date |
2016-09-09
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF DAVID TOMKINS-EXHIBIT 27 RETURNED TO ATTORNEY OF RECORD & EXHIBITS 47 & 48 ARE NOT IN HIS POSSESSION
|
|
| Docket Date |
2016-09-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 14 PAGES
|
|
| Docket Date |
2016-09-02
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ **THIS ORDER AMENDED ON 10/24/16**Upon consideration of appellee's August 17, 2016 objection, it is ORDERED that appellant's August 4, 2016 motion to supplement the record on appeal is granted in part and denied in part. The motion is granted as it pertains to items 18, 37, 47-48 in Exhibit A that was attached to the appellant's motion. These materials shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further, the motion to supplement the record on appeal is denied as it pertains to items 1-17, 19-36, 38-46 in Exhibit A that was attached to the appellant's motion; further, ORDERED that appellant's August 4, 2016 motion for extension of time to serve initial brief is granted, and appellant shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
|
|
| Docket Date |
2016-08-18
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
|
| Docket Date |
2016-08-17
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO APPELLANT'S MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
MINERVA DIAZ
|
|
| Docket Date |
2016-08-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 642 PAGES
|
|
| Docket Date |
2016-08-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's July 5, 2016 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 4, 2016. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2016-07-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2016-04-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-04-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
