In re: Gerard Bochicchio

Filing 10

(IN CHAMBERS): ORDER TO SHOW CAUSE WHY THIS APPEAL SHOULD NOT BE DISMISSED by Judge David O. Carter. Appellant has not filed an opening brief, nor has he filed a motion or application for an extension. Accordingly, the Court ORDERS Appellant to SHOW CAUSE why this Court should not dismiss his appeal. If Plaintiff wishes to file a late opening brief, he must respond to this order on or before February 11, 2013, and his response must include a declaration stating the reasons why he failed to file on time and why he failed to request an extension before his deadline. If Appellant fails to respond to the order on or before February 11, 2013, the Court is inclined to dismiss his appeal pursuant to Federal Rule of Bankruptcy Procedure 8001(a). (rla)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 12-8791-DOC
Bankr. Case No. 11-52400-ER

Date: January 29, 2013

Title: IN RE: GERARD BOCHICCHIO

PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE
N/A
Court Reporter

Julie Barrera
Courtroom Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None Present
PROCEEDING: (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANT:

None Present
ORDER TO SHOW CAUSE WHY THIS
APPEAL SHOULD NOT BE DISMISSED

On October 9, 2012, Appellant Gerard Bochicchio (Appellant) filed a Notice of
Appeal from the Order of the Bankruptcy Court, Bankruptcy Judge Ernest M. Robles,
determining Appellant’s principle residence and dismissing his case. See Not. of Appeal
(Dkt. 2).
On November 16, 2012, the District Court Clerk’s Office docketed a Certificate of
Readiness with respect to that appeal, and this Court issued a Notice regarding the
briefing schedule that instructed Appellant to file and serve his opening brief “not later
than 12/03/12,” with Appellee HSBC Bank USA’s brief to be filed and served not later
than 14 days after service of Appellant’s opening brief, and Appellant’s Reply to be filed
and served not later than 14 days after that. See Not. Re: Briefing Schedule (Dkt. 7).
These deadlines were set pursuant to Federal Rule of Bankruptcy Procedure 8009(a).
The Notice also stated that extensions of time for briefing “are not favored,” and any
application or motion for extension “shall be served well before the due date and shall be
accompanied by a declaration stating the date the brief is due,” and shall “state the
reason(s) why such an extension is necessary.” Id.
At present, Appellant has not filed an opening brief, nor has he filed a motion or
application for an extension. Accordingly, the Court ORDERS Appellant to SHOW
CAUSE why this Court should not dismiss his appeal. See Fed. R. Bankr. P. 8001(a)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 12-8791-DOC
Bankr. Case No. 11-52400-ER

Date: January 29, 2013
Page 2

(“An appellant’s failure to take any step other than timely filing a notice of appeal . . . is
ground only for such action as the district court . . . deems appropriate, which may
include dismissal of the appeal.”) If Plaintiff wishes to file a late opening brief, he must
respond to this order on or before February 11, 2013, and his response must include a
declaration stating the reasons why he failed to file on time and why he failed to request
an extension before his deadline.
If Appellant fails to respond to the order on or before February 11, 2013, the
Court is inclined to dismiss his appeal pursuant to Federal Rule of Bankruptcy Procedure
8001(a).
The Clerk shall serve a copy of this minute order on counsel for all parties in this
action.
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk: jcb