In re: Kathleen Kellogg-Taxe

Filing 45

ORDER GRANTING MOTION TO STRIKE APPELLANT RONALD TAXES OPENING BRIEF AND DISMISS APPEAL 32 by Judge Dean D. Pregerson: Taxes brief is stricken from the docket and his appeal is DISMISSED with prejudice. 22 , 23 . Trustee Carolyn A. Dyes Motion to Dismiss is GRANTED 32 . (lc). Modified on 10/19/2015 (lc).

1
2

O

3
4
5

NO JS-6

6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12

IN RE DEBTOR: KATHLEEN
KELLOGG-TAXE; KATHLEEN
KELLOGG-TAXE; RONALD TAXE;
JOHN SABA; GREGORY GRANTHAM,

13
Plaintiff,
14
v.
15
16

CAROLYN A. DYE, CHAPTER 7
TRUSTEE,

17

Defendants.
___________________________

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. CV 15-00084 DDP
[USDC

2:12-bk-51208 RN
2:13-ap-01781 RN]

ORDER GRANTING MOTION TO STRIKE
APPELLANT RONALD TAXE’S OPENING
BRIEF AND DISMISS APPEAL
[Dkt. No. 32]

18
19

Presently before the Court is trustee Caroyln A. Dye’s motion

20

to strike appellant Ronald Taxe’s (“Taxe”) opening brief (Dkt. No.

21

22) and dismiss Taxe’s appeal.

22

The motion was unopposed.

The Court granted Taxe two continuances after Taxe filed

23

motions for extensions of time to file his opening brief.

24

Dkt. Nos. 9, 14 (motions); 10, 15 (orders).)

25

second order granting an extension of time stated: “Because this is

26

the second extension of time, there will be no further continuances

27

///

28

cc: US Bankruptcy Court & US Trustee’s Office

(See

The Court in its

1

absent unusual circumstances.”

(Dkt. No. 15.)

Appellants Taxe and

2

Kathleen Kellogg-Taxe (“Kellogg-Taxe”) had filed separate motions

3

for continuances each time and the Court’s second order set a

4

deadline of July 30, 2015, for both briefs.

5

appellant Kellogg-Taxe filed a third motion for a continuance,

6

providing the Court with reasons for the request; the trustee

7

stipulated to the continuance.

8

this continuance, but only as to Kellogg-Taxe: “the Court hereby

9

GRANTS the Motion of Appellant Kathleen Kellogg-Taxe only to extend

On July 30, 2015, only

(Dkt. No. 19.)

10

the time to file her opening brief and record.”

11

(emphasis added).)

12

did not file a motion for a continuance.

13

The Court granted

due on July 30, 2015.

14

(Dkt. No. 21

Taxe was not a party to the stipulation and
Thus, Taxe’s brief was

Taxe filed a over-sized brief, which was not compliant with

15

local rules, along with an appendix on August 17 and 18, 2015.

16

(Dkt. Nos. 22, 23.)

17

reason for the untimeliness or other procedural problems.

18

importantly, there is insufficient cause to grant Taxe any further

19

continuances considering the substance of his appeal.

20

Taxe’s brief was not timely and provided no
Most

Therefore, Taxe’s brief is stricken from the docket and his

21

appeal is DISMISSED with prejudice.

(Dkt. Nos. 22, 23.)

22

Carolyn A. Dye’s Motion to Dismiss is GRANTED.

Trustee

(Dkt. No. 32.)

23
24

IT IS SO ORDERED.

25
26

Dated: October 19, 2015
DEAN D. PREGERSON
United States District Judge

27
28
2