In Re Kimberely Martin-Bragg

Filing 10

Order to Show Cause (IN CHAMBERS) by Judge Jesus G. Bernal. The file in this case lacks the papers that would show it is being timely prosecuted. Accordingly, Appellant is also ORDERED TO SHOW CAUSE in writing no later than December 12, 2022 why this action should not be dismissed for lack of prosecution. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)

cc: USBK
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL

Case No.

CV 22-3814 JGB
2:16-bk-22878-BR
22-ap-01080-BR

Date December 1, 2022

Title In Re Kimberely Martin-Bragg

Present: The Honorable

JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order to Show Cause (IN CHAMBERS)

The matter is before the Court on Appellant Ivan Rene Moore’s appeal from the
Bankruptcy Court’s May 20, 2022 “Order Dismissing March 29, 2022 Adversary Proceeding
with Prejudice.” (Dkt. No. 1.)
On May 17, 2018, this Court entered an order declaring Appellant a vexatious litigant per
Local Rule 83-8 and ordered that the Clerk was not to process any pleadings from Moore until
that pleading had been screened by a judicial officer of this Court who approved the filing.
Moore v. Wells Fargo Bank, et al., C.D. Cal. Case No. CV 17-4828-ODW (GJS), Ord. Accepting
Report and Recommendations of U.S. Magistrate Judge at 5 (Dkt. No. 35).
That Order states that “any case-initiating pleading submitted by [Moore]” raising any
matters related to his prior disputes with Wells Fargo are “presumptively barred by reason of
[Moore]’s vexatious litigant status and therefore will not be filed unless: [Moore] concurrently
submits a motion seeking leave to file the pleading that sets forth adequate justification for its
filing, . . . a District Judge or Magistrate Judge of this Court grants such leave,” and he files a
“copy of [the] Pre-Filing Order with any case-initiating pleading he proffers to this Court.” Id.
at 5.
Appellant’s June 3, 2022 Notice of Appeal and accompanying case initiation documents
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did not follow the procedures required by the May 17, 2018 Vexatious Litigant Order. On June 7,
2022, Debtor Kimberly Barbour made a special appearance in this case to alert the Court of this
violation. (Dkt. No. 8.)
Accordingly, Appellant is ORDERED TO SHOW CAUSE in writing no later than
December 12, 2022, why this action should not be dismissed for violation of the Vexatious
Litigant Order and remanded to the Bankruptcy Court. Appellant is advised that his failure to
file a timely response to this Order shall be deemed his consent to the dismissal of these actions
with prejudice.
Within fourteen days after filing the notice of appeal, Appellant must file the following
with the Clerk of the Bankruptcy Court:




A designation of record
A statement of issues on appeal
A notice regarding the ordering of transcripts

(Dkt. No. 2.) After the designated record is complete, the Clerk of the Bankruptcy Court will
transmit to the Clerk of the District Court either the record for this appeal or notice that the
record is available electronically. The Clerk of the District Court will then issue a Notice Re:
Bankruptcy Record Complete, which will constitute notice, pursuant to Federal Rule of
Bankruptcy Procedure 8010(b)(3), that the record has been received by the District Court.
The file in this case lacks the papers that would show it is being timely prosecuted.
Accordingly, Appellant is also ORDERED TO SHOW CAUSE in writing no later than
December 12, 2022 why this action should not be dismissed for lack of prosecution.
IT IS SO ORDERED.

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