In re: William Robert Norrie

Filing 12

ORDER TO SHOW CAUSE RE: BANKRUPTCY APPEAL AND APPELLEES MOTION TO DISMISS by Judge Beverly Reid O'Connell.A ppellant is hereby ORDERED TO SHOW CAUSE as to why Appellee's Motion to Dismiss should not be granted. The hearing on Appellees Moti on to Dismiss is continued to Monday, June 8, 2015, at 1:30 p.m. Appellant's response to this order and Appellant's opposition to the pending Motion to Dismiss, if any, shall be filed by no later than Wednesday, May 13, 2015, at 5:00 p.m. A ppellant is also ORDERED TO SHOW CAUSE as to why this appeal should not be dismissed for lack of prosecution. Appellant has failed to file (1) the statement of issues on appeal; (2) the notice re: reporters transcript; and (3) the opening appeal brief. Appellants response to this order shall be filed by no later than Wednesday, May 27, 2015, at 5:00 p.m. If the required documents are filed by this date, no further response to this portion of the order is required. (rfi)

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

CV 15-01979 BRO

Title

IN RE: WILLIAM ROBERT NORRIE

Date

May 6, 2015

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 TO SHOW CAUSE RE: BANKRUPTCY APPEAL AND APPELLEE’S
MOTION TO DISMISS
Pending before the Court is Appellee Brad D. Krasnoff’s Motion to Dismiss
Appellant’s bankruptcy appeal. (Dkt. No. 9.) The matter is currently set for a hearing on
May 11, 2015. On April 28, 2015, Appellant filed a notice acknowledging that its
opposition to Appellee’s motion was due on April 20, 2015, and indicating that the
opposition papers would be filed by no later than Wednesday, April 29, 2015. (Dkt. No.
14.) As of this date, Appellant has not opposed the motion.
Appellant has also failed to timely prosecute this appeal. Within fourteen (14)
days after filing the notice of appeal, an appellant must file a statement of the issues on
appeal and the notice re: ordering of the reporter’s transcript or waiver thereof with the
Clerk of the District Court. See Bankruptcy Rule 8006. Within thirty (30) days after the
filing of the statement, an appellant must file the reporter’s transcript, if required, with
the Clerk of the District Court. Within fifteen (15) days of the filing of the transcript or
the notice that a transcript is not needed, an appellant must file and serve the appeal brief
and excerpts of record. See Bankruptcy Rule 8009(a)(2). Additionally, Bankruptcy Rule
8002(a) requires that an appellant file notice of the appeal with the Clerk of the
Bankruptcy Court within fourteen (14) days of the date of entry of the Order, Judgment
or Decree from which the appeal is taken. Failure to timely file the notice deprives the
Court of jurisdiction. In the Matter of Ramsey, 612 F.2d 1220, 1222 (9th Cir. 1980).
Pursuant to the Court’s Local Rule 7-12, failure to file an opposition “may be
deemed consent to the granting . . . of the motion.” C.D. Cal. L.R. 7-12. Additionally,
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LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 15-01979 BRO

Title

IN RE: WILLIAM ROBERT NORRIE

Date

May 6, 2015

the failure to file an opening brief may result in an appeal’s dismissal for failure to
prosecute. See Hall v. Whitley, 935 F.2d 164, 165 (9th Cir. 1991) (“Litigants should be
aware that failure to provide transcripts or other required materials may well result in
dismissal of the appeal or other sanctions.”).
Accordingly, Appellant is hereby ORDERED TO SHOW CAUSE as to why
Appellee’s Motion to Dismiss should not be granted. The hearing on Appellee’s
Motion to Dismiss is continued to Monday, June 8, 2015, at 1:30 p.m. Appellant’s
response to this order and Appellant’s opposition to the pending Motion to Dismiss,
if any, shall be filed by no later than Wednesday, May 13, 2015, at 5:00 p.m.
Appellant is also ORDERED TO SHOW CAUSE as to why this appeal should
not be dismissed for lack of prosecution. Appellant has failed to file (1) the statement of
issues on appeal; (2) the notice re: reporter’s transcript; and (3) the opening appeal brief.
Appellant’s response to this order shall be filed by no later than Wednesday, May 27,
2015, at 5:00 p.m. If the required documents are filed by this date, no further
response to this portion of the order is required.
:

IT IS SO ORDERED.
Initials of Preparer

rf

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