In Re Fariborz Wosoughkia et al

Filing 9

MINUTE IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson: The Court therefore orders Appellant to show cause in writing, on or before 7/17/2024 why this appeal should not be dismissed for lack of jurisdiction as untimely. Appellees's res ponse, if any, shall be filed no later than 7/24/2024. The failure to timely or adequately respond to this order to show cause may result in the imposition of sanctions, including but not limited to dismissal of the action. Nothing in this order modi fies the deadlines contained in the Notice Regarding Appeal from Bankruptcy Court issued on 4/24/2024. Failure to comply with the deadlines contained in the Notice Regarding Appeal from Bankruptcy Court may result in the dismissal of this appeal without further warning. (jp)

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

CV 24- 863 PA

Title

In re Fariborz Wosoughkia, et al.

Present: The Honorable

Date

May 8, 2024

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Kamilla Sali-Suleyman

None

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS- ORDER TO SHOW CAUSE

The appeal in the above bankruptcy matter has been assigned to this Court. Bankruptcy
Rules 8001(a) and 8002 require that Appellant file a notice of the appeal with the Clerk of the
Bankruptcy Court within fourteen (14) days of the date of entry of the Order, Judgment or
Decree from which the appeal is taken. See 11 U.S.C. § 158(c)(2) (an appeal to the BAP or
district court from a bankruptcy court must be taken within the time provided by Fed. R. Bankr.
P. 8002). Failure to timely file the notice deprives the Court of jurisdiction. In the Matter of
Ramsey, 612 F.2d 1220, 1222 (9th Cir. 1980); see also Anderson v. Mouradick (In re
Mouradick), 13 F.3d 326, 327 (9th Cir. 1994) (“The provisions of Bankruptcy Rule 8002 are
jurisdictional....”).
The Notice of Appeal was filed by appellant Fariborz Wosoughkia (“Appellant”) on April
18, 2024. According to the Notice of Appeal, Appellant appeals the Bankruptcy Court’s April
4, 2023 Confidential Settlement and Stipulated Judgment Order (“Stipulated Judgment”).
Although the Notice of Appeal states that the Stipulated Judgment was entered on April 10,
2024, the document (that is attached to the Notice of Appeal) and the Bankruptcy Court docket
show that the Stipulated Judgment was entered on April 4, 2023, more than one year prior to
filing of the Notice of Appeal.
The Court therefore orders Appellant to show cause in writing, on or before July 17, 2024
why this appeal should not be dismissed for lack of jurisdiction as untimely. Appellees’s
response, if any, shall be filed no later than July 24, 2024. The failure to timely or adequately
respond to this order to show cause may result in the imposition of sanctions, including but not
limited to dismissal of the action. Nothing in this order modifies the deadlines contained in the
Notice Regarding Appeal from Bankruptcy Court issued on April 24, 2024. Failure to comply
with the deadlines contained in the Notice Regarding Appeal from Bankruptcy Court may result
in the dismissal of this appeal without further warning.
IT IS SO ORDERED.
CV-90 (10/08)

CIVIL MINUTES - GENERAL

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