Two years after controversial foreclosure attorney Gary Dubin was disbarred by order of the Hawaii Supreme Court, the 9th Circuit Court of Appeals has dismissed three pending appeals Dubin hoped might save his law license, effectively ending his legal career.

In an order dated September 21, a three-judge panel of the 9th Circuit (Judges Milan Smith, Daniel Bress, and Lawrence VanDyke) dismissed the appeals “for failure to prosecute.” Smith was appointed by George W. Bush, while Bress and VanDyke are Trump appointees.

The ruling noted Dubin, now 84, had requested, and had been granted, eight prior delays, and eight times he had failed to meet the deadline.

“On August 17, 2022, this court granted appellant’s eighth motion for an extension of time to file the opening brief. The court set a deadline of August 31, 2022, and warned appellant that no further extensions of time would be granted,” the judges said. “He has yet to file an opening brief in any of the three cases, but did file a motion to consolidate the three appeals.”

“On September 8, 2022, appellant filed in appeal No. 21-16863 a motion to consolidate this appeal with appeal Nos. 21-16863 and 21-16839, along with an incomplete draft of a consolidated opening brief and an incomplete index of excerpts of record.”

Absent the long overdue opening brief in any of the cases, the judges dismissed all three, the court’s docket shows.

Further, following the dismissal of the underlying cases, the judges held Dubin’s request for another delay was moot.

It would appear these cases, and Dubin’s career, are over.

But on October 5, Dubin filed a motion asking the judges to reconsider their decision. In this motion, he cites a series of medical issues, including heart surgery, a fall in which he broke his right hip, and covid related problems, as reasons for his continued failure to file an opening brief.

Based on the record to date, the possibility the judges will reverse their decision appear remote.

Background:

Another ruling against former foreclosure attorney Gary Dubin, Oct 17, 2021

Three-judge panel orders disbarment of foreclosure attorney Gary Victor Dubin, Oct 3, 2021

Recent rulings suggest foreclosure attorney Dubin faces likely disbarment in federal court, Aug 2, 2021

Panel of federal judges named to rule on Dubin disbarment, July 12, 2021

Court affirms disbarment of attorney Gary Dubin, Sept 30, 2020

Dubin responds to Supreme Court’s Disbarment Order, Sept 12, 2020

Attorney Gary Dubin disbarred by order of the Hawaii Supreme Court, Sept 10, 2020

Well-known foreclosure defense attorney facing possible disbarment, Sept 30, 2019