Agha-Khan v. Mortgage Electronic Registration Systems Inc. et al

Filing 126

ORDER Re: 105 USCA Order to determine date the 88 Notice of Appeal was filed (USCA Case Number 18-16553.) The Court finds that it first received Plaintiffs Notice of Appeal on August 16, 2018. Signed by Judge Gloria M. Navarro on 1/14/2021. (Copies have been distributed pursuant to the NEF; cc: 9th Circuit Court - DRS)

Case 2:17-cv-02739-GMN-DJA Document 126 Filed 01/14/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SALMA AGHA-KHAN, an individual,

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Pending before the Court is the Ninth Circuit’s Order Remanding the Appeal to the

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Plaintiff,
vs.

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MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS INC., et al.,
Defendants.

Case No.: 2:17-cv-2739-GMN-DJA
U.S.C.A. Case No.: 18-16553
ORDER

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District Court (“Remand Order”), (ECF No. 105). In the Order, the Ninth Circuit remanded

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Plaintiff’s appeal to this Court, directing the Court to:

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(1) determine when the district court first received appellant’s notice of appeal in
the . . . district court action; (2) address appellant’s November 26, 2018 notice of
withdrawal, and (3) if necessary, rule on appellant’s August 16, 2018 motion for
relief from judgment.
(Remand Order, ECF No. 105). The Court addresses each issue in turn.
Regarding the date Plaintiff initiated an appeal, the Court finds that it first received a

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Notice of Appeal on August 16, 2018. Under Federal Rule of Appellate Procedure 3(c)(4), “an

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appeal must not be dismissed for informality of form or title of the notice of appeal, or for

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failure to name a party whose intent to appeal is otherwise clear from the notice.” Fed. R. App.

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P. 3(c)(4). Here, Plaintiff filed a document titled as “Motion for Relief from Judgment” on

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August 16, 2018. (See Motion filed on August 16, 2018, ECF No. 88). Plaintiff also attached a

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receipt to her Motion, which indicates that Plaintiff concurrently paid the $505.00 appellate

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filing fee along with the “Motion.” (See Receipt, ECF No. 88-1) (explicitly stating “Notice of

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Appeal/Docketing Fee”). Though the “Motion” is not titled as a Notice of Appeal, the Court
construes the attached receipt as an indication that Plaintiff intended to appeal the Court’s final
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Case 2:17-cv-02739-GMN-DJA Document 126 Filed 01/14/21 Page 2 of 2

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judgment. Accordingly, the Court finds that it first received Plaintiff’s Notice of Appeal on

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August 16, 2018.

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Regarding Plaintiff’s Notice of Withdrawal filed on November 26, 2018, the Court

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accepts Plaintiff’s request to withdraw her Motion for Relief from Judgment and Motion for

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Judicial Disqualification. In the Notice, Plaintiff “withdraws [both motions] as it is no longer

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needed because Plaintiff has filed a Notice of Appeal and currently has an appeal number 18-

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16533 in the Ninth Circuit.” (Notice Withdrawal 2:3–10, ECF No. 103). The Court thus takes

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notice of Plaintiff’s Withdrawal and denies without prejudice as moot Plaintiff’s Motion for

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Relief from Judgment, (ECF No. 88), and Motion for Judicial Disqualification, (ECF No. 90).

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Because the Court withdraws Plaintiff’s Motion for Relief from Judgment, the Court need not

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address its merits as directed by the Ninth Circuit.

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Accordingly,

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IT IS HEREBY ORDERED that the Clerk of Court provide a copy of this Order to the

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Ninth Circuit Court of Appeals.
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DATED this _____ day of January, 2021.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

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