In Re: Timothy Mark Aitken and Esmeralda Aitken

Filing 7

MINUTES IN CHAMBERS ORDER by Judge Otis D. Wright, II: On December 1, 2021, the Court issued a Notice Regarding Appeal from Bankruptcy Court, notifying Appellant of certain filing requirements and deadlines 3 . On January 7, 2022, the Court issue d a Deficiency Notice indicating that Appellant had not filed a Statement of Issues, a Notice of Transcript, and any Transcripts, as required by Federal Rules of Bankruptcy Procedure 8003 and 8009. 6 . A review of the dockets here and before the Bankruptcy Court reveals that, as of today's date, Appellant has not filed any of these required documents with court. Consequently, this appeal is DISMISSED for failure to prosecute.(Made JS-6. Case Terminated.) (lc)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES – GENERAL
Case No.

5:21-cv-02009-ODW
Bankruptcy Ct. Case No. 6:19-bk-10556-MH
Adversary Case No. 6:20-ap-01022-MH

Title

In re Debtors Timothy Mark Aitken and Esmeralda Aitken

Present: The Honorable

Date

May 9, 2022

Otis D. Wright II, United States District Judge

Sheila English

Not reported

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings (In Chambers):
On November 30, 2021, Appellant appealed from the United States Bankruptcy Court,
Central District of California, and elected to proceed with the appeal before the Ninth Circuit
Bankruptcy Appellate Panel. (Notice of Appeal, ECF No. 1.) Appellee objected, and as a
result, the case was transferred to the U.S. District Court, Central District of California. (See
Notice of Transfer, ECF No. 2.)
On December 1, 2021, the Court issued a Notice Regarding Appeal from Bankruptcy
Court, notifying Appellant of certain filing requirements and deadlines. (Notice, ECF No. 3.)
Specifically, the Court informed Appellant of the requirement to file with the Bankruptcy
Court, within fourteen days of filing the notice of appeal, (1) a designation of record, (2) a
statement of issues on appeal, and (3) a notice regarding the ordering of transcripts. (Notice 1.)
Appellant was informed that “[t]he failure . . . to comply with time requirements as stated in this
[N]otice and applicable rules may result in the dismissal of the appeal.” (Id. at 2.)
(cont’d)
///
///

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

On January 7, 2022, the Court issued a Deficiency Notice indicating that Appellant had
not filed a Statement of Issues, a Notice of Transcript, and any Transcripts, as required by
Federal Rules of Bankruptcy Procedure 8003 and 8009. (Deficiency Notice, ECF No. 6.) A
review of the dockets here and before the Bankruptcy Court reveals that, as of today’s date,
Appellant has not filed any of these required documents with court. Consequently, this appeal
is DISMISSED for failure to prosecute.
IT IS SO ORDERED.
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

00

SE

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