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)

Download PDF
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 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?