In Re: Juan R. Nungaray

Filing 8

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE ("OSC") RE DISMISSAL OF APPEAL by Judge Josephine L. Staton. Accordingly, on its own Motion, the Court hereby ORDERS Appellant Juan R. Nungaray to show cause why this action should not be dismis sed based on his failure to file his opening brief in compliance with Rule 8018(a)(1). To avoid dismissal, no later than May 6, 2016, Appellant must file his opening brief or he must file a statement explaining why his appeal should not be dismissed, why he failed to file his opening brief, and when he intends to file his opening brief. Failure to file anything in response to this OSC will result in dismissal. (see document for details). (dro)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 16-00816-JLS

Title

IN RE JUAN R. NUNGARAY

Present: The Honorable

Date

April 21, 2016

JOSEPHINE L. STATON, U.S. DISTRICT JUDGE

Terry Guerrero

Not Present

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present
Proceedings:

Tape No.

Not Present

(IN CHAMBERS) ORDER TO SHOW CAUSE (“OSC”) RE
DISMISSAL OF APPEAL

On March 8, 2016, this Court issued a Notice Re: Bankruptcy Record Complete. (Doc. 7)
Pursuant to Federal Rule of Bankruptcy Procedure 8018(a)(1), the appellant must serve and file an
opening brief withing 30 days after docketing of notice that the record has been transmitted. As of
April 20, 2016, no opening brief has been filed.
Both Federal Rule of Bankruptcy Procedure 8018(a)(4) and this Court’s Local Rule 8018-4.4
provide for the dismissal of an appeal where an appellant fails to file an opening brief in a timely
manner.
Accordingly, on its own Motion, the Court hereby ORDERS Appellant Juan R. Nungaray to
show cause why this action should not be dismissed based on his failure to file his opening brief in
compliance with Rule 8018(a)(1).
To avoid dismissal, no later than May 6, 2016, Appellant must file his opening brief or he
must file a statement explaining why his appeal should not be dismissed, why he failed to file his
opening brief, and when he intends to file his opening brief. Failure to file anything in response to
this OSC will result in dismissal.
Should Appellant file an opening brief on or before May 6, 2016, in compliance with Rule
8018, Appellee’s brief shall be filed no later than thirty days after the filing and service of the
opening brief.
No oral argument on the present OSC will be heard, and the matter will stand submitted upon
the earlier of May 6, 2016, or the filing of a written response or an opening brief by Appellant.
IT IS SO ORDERED.
:
Initials of Preparer
tg

CIVIL MINUTES - GENERAL
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