In Re Jerold R Meints

Filing 7

MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE RE: BANKRUPTCY APPEAL by Judge Jesus G. Bernal.(Response to Order to Show Cause due by 1/16/2015.) (mrgo)

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

Date

EDCV 14-2152 JGB

January 5, 2015

Title In re Jerold R. Meints

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 re: Bankruptcy Appeal (IN CHAMBERS)

On October 20, 2014, the Court received a notice of appeal from the bankruptcy court in
the matter of In re: Jennie A. Santamaria. (Doc. No. 2.) Appellant E & N Financial Services &
Development, Inc., appealed an order of the United States Bankruptcy Court of the Central
District of California in an adversary proceeding against Appellee Jennie Santamaria. (Id.)
Pursuant to the “Notice Regarding Appeal from Bankruptcy Court” (Doc. No. 1) and the
“Amended Notice Regarding Appeal from Bankruptcy Court” (“Notice,” Doc. No. 6), which
were issued by this Court on October 20 and 23, 2014, Appellant was ordered to file a
designation of record, a statement of issues on appeal, and a notice regarding the ordering of
transcripts with the Clerk of the Bankruptcy Court within fourteen days after filing the notice of
appeal. The Notice also requires that the parties comply with all applicable rules of the Federal
Rules of Bankruptcy Procedure. (Id.) Notably, Rule 8009 requires the Appellant to serve and
file a brief within fourteen days after entry of the appeal on the docket. Fed. R. Bankr. P. 8009.
To date, and despite the expiration of time within which to do so, Appellant has not filed
any of the required documents. As described above, Appellant failed to designate and provide a
copy of the items to be included in the record on appeal, state the issues to be presented on
appeal, or request and pay for the transcripts of any proceeding which comprise the relevant
record. See Fed. R. Bankr. P. 8006; Notice at 1. When Appellant files the aforementioned
documents and the record is complete for purposes of appeal, the Clerk of the Bankruptcy Court
will transmit a copy of the record to the Clerk of the District Court and file a Certificate of
Readiness and Completion of Record with this Court. See Fed. R. Bankr. P. 8007(b); Notice at
2. The Court has not received a copy of the record, nor is a Certificate of Readiness on file.
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The Notice warned that the “failure of either party to comply with time requirements as
stated in this notice and applicable rules may result in the dismissal of the appeal or the right to
oppose the appeal.” (Notice at 2.) Appellant was required to file the documents described above
within fourteen days after filing the notice of appeal, that is, by November 3, 2014. Accordingly,
Appellant is hereby ORDERED to show cause in writing, on or before January 16, 2014, why
this appeal should not be dismissed for lack of prosecution. Failure to adequately respond to this
Order may result in the dismissal of the appeal.

IT IS SO ORDERED.

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