In re: Imaging3, Inc.

Filing 6

MINUTES (IN CHAMBERS) ORDER RE: APPEAL OF ORDER DENYING MOTION TO SUMMARILYORDER ANNUAL MEETING by Judge Beverly Reid O'Connell (see attached Minute Order for further details). Accordingly, the Appeal is DISMISSED as untimely. (Made JS-6. Case Terminated.) (jp)

LINK: JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 13-5450 BRO

Title

In Re Imaging3, Inc.

Date

July 31, 2013

Present: The Honorable

BEVERLY REID O’CONNELL, United States District Judge

Renee A. Fisher

Not Present

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

ORDER RE: APPEAL OF ORDER DENYING MOTION TO SUMMARILY
ORDER ANNUAL MEETING
On July 29, 2013, Creditor John Vuksich filed a Notice of Appeal, challenging the
Bankruptcy court’s denial of his Motion to Summarily Order Annual Meeting. On
December 17, 2012, the bankruptcy court issued an order denying Vuksich’s Motion to
Summarily Order Annual Meeting . Federal Rule of Bankruptcy Procedure 8002(a)
provides, “[t]he notice of appeal shall be filed with the clerk within 14 days of the date of
the entry of the judgment, order, or decree appealed from.” F.R.B.P. 8002. “The
umtimely filing of a notice of appeal is jurisdictional.” In Re Souza, 795 F.2d 855, 857
(9th Cir. 1986) (citations omitted) (reversing district court’s decision for lack of
jurisdiction based upon untimely notice of appeal). Here, Vuksich filed his Notice of
Appeal seven months after the bankruptcy court issued its decision.
Accordingly, the appeal is dismissed as untimely.
IT IS SO ORDERED.
:
Initials of
Preparer

CV-90 (06/04)

CIVIL MINUTES – GENERAL

rf

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