Crystal Lightfoot v. Cendant Mortgage Corporation

FILED
UNITED STATES COURT OF APPEALS APR 13 2012
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS
CRYSTAL MONIQUE LIGHTFOOT; No. 10-56068
BEVERLY ANN HOLLIS-ARRINGTON,
D.C. No. 2:02-cv-06568-CBM-
Plaintiffs - Appellants, AJW
Central District of California,
v. Los Angeles
CENDANT MORTGAGE
CORPORATION, doing business as PHH ORDER
Mortgage; et al.,
Defendants - Appellees.
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
We hereby sua sponte withdraw the memorandum disposition filed on
January 9, 2012.
Appellants’ petition for panel rehearing and petition for rehearing en banc
are denied as moot.
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
appellants for purposes of this appeal only.
Pro bono counsel shall consult with appellants to determine whether: (1)
replacement briefing; or (2) supplemental briefing and appellants’ previously filed
briefs will be submitted to the judges deciding this appeal. The court encourages
the submission of replacement briefing rather than supplemental briefing.
Appellees shall also file a replacement or supplemental brief, or shall notify the
court in writing that appellees stand on the previously filed answering brief. Both
parties shall state on the cover pages of the briefs whether they are replacement
briefs or supplemental briefs.
The parties may file replacement excerpts or supplemental excerpts. If
replacement excerpts are filed, the previously tendered excerpts will be stricken.
The absence of replacement excerpts will be treated as a joinder in the previously
submitted excerpts.
In addition to any other issues the parties address in their briefs, they shall
address whether the district court had subject matter jurisdiction on the basis of the
federal charter of the Federal National Mortgage Association (“Fannie Mae”), 12
U.S.C. § 1723a(a).
Pro bono counsel shall appear at oral argument. The Clerk shall establish a
supplemental/replacement briefing schedule. The appeal is stayed pending further
order of this court.
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If appellants object to the court’s appointment of counsel in this appeal,
appellants shall file a written objection within 14 days after the date of this order.
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