In Re: Estrella and James Kincaid

Filing 22

ORDER denying 20 EX PARTE APPLICATION for Extension of time signed by District Judge Troy L. Nunley on 12/3/14. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES KINCAID and ESTELLA
KINCAID,
Appellants,

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No. 2:13-cv-01032-TLN

ORDER
v.
SUSAN K. SMITH AND THE OFFICE
OF THE U.S. TRUSTEE,
Trustees.

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This case was originally brought before this Court on May 24, 2013. (See Notice of

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Bankruptcy Appeal, ECF No. 1.) On August 20, 2014, the Deputy Clerk of the U.S. Bankruptcy

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Court of the Eastern District of California certified that the record with respect to Appellants

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James Kincaid and Estella Kincaid (“Appellants”) was complete for purposes of this appeal.

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(ECF No. 17.) Pursuant to Federal Rule of Bankruptcy Procedure 8009, Appellants’ opening

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brief and excerpts of record were due, filed in the district court, within fourteen (14) days of the

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certification. (ECF No. 17.) On September 5, 2014, Appellants filed a motion for a fourteen

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(14) week extension to file their opening brief. (ECF No. 18.) The Court granted this request,

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but warned Appellants that the Court would not grant any further extension. (See Minute Order,

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ECF No. 19.) Hence, Appellants’ opening brief is due on December 10, 2014.

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On December 1, 2014, Appellants filed an ex parte application requesting another
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extension. (ECF No. 20.) The Court has reviewed the application as well as the memorandum of

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points and authorities in support of the application. Appellants have failed to show good cause

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for another extension, especially in light of the Court’s previous admonishment. Accordingly,

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Appellants’ request for an extension (ECF No. 20) is DENIED.

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IT IS SO ORDERED.

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Dated: December 3, 2014

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Troy L. Nunley
United States District Judge

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