In Re: Carl and Violeta Lovgren

Filing 5

ORDER signed by Chief Judge Morrison C. England, Jr. on 1/16/2014 ORDERING that Defendant's 4 Motion to Dismiss is GRANTED. The 1/23/2014, hearing on this matter is hereby VACATED, and the Clerk of the Court is directed to close this case. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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In re

No. 2:13-civ-00914-MCE

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CARL LOVGREN, JR. AND VIOLETA
CEREZO LOVGREN

Adv. No.: 12-02599

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Debtors.
_______________________________

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CARL AND VIOLETA LOVGREN,

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Appellants,

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v.

ORDER

KLARAOS NEIGHBORHOOD
REDEVELOPMENT 112, a Nevada
Series LLC,

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Appellee.

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Appellants Carl and Violeta Lovgren (“Appellants”) appeal from the bankruptcy

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court’s Order dismissing their adversary proceeding, entered March 11, 2013, against

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Appellee Karaos Neighborhood Redevelopment 112 (“Appellee”). Presently before the

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Court is Appellee’s Motion to Dismiss for Failure of Appellants to File an Opening Brief

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and for Lack of Prosecution (“Motion”). No opposition has been filed.

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Appellants appear to have abandoned their appeal, as evidenced by their failure

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to file either: (1) their Opening Brief, as required by both this Court’s Order dated

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May 14, 2013, and the Federal Rules of Bankruptcy Procedure; or (2) any opposition to

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Appellant’s Motion. Defendant’s Motion to Dismiss for Failure to Prosecute (ECF No. 4)

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is thus GRANTED. See Fed. R. Bankr. P. 8001(a) (“An appellant's failure to take any

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step other than timely filing a notice of appeal does not affect the validity of the appeal,

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but is ground only for such action as the district court or bankruptcy appellate panel

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deems appropriate, which may include dismissal of the appeal.”); 9th Cir. BAP Rule

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8009(a)-1(b)(3) (“Appellant's failure to file a brief timely may result in the dismissal of the

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appeal. A brief received after the due date will not be accepted for filing unless it is

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accompanied by a motion for an extension of time and the motion is granted. The Panel

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has no obligation to consider a late brief. Sanctions may be imposed, such as the waiver

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of oral argument, monetary sanctions or dismissal.”). The January 23, 2014, hearing on

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this matter is hereby VACATED, and the Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated: January 16, 2014

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