IN RE: William Cheng; Janet Cheng

Filing 22

ORDER signed by District Judge Troy L. Nunley on 2/3/2016 DENYING 21 Motion. Appellants' opening brief is due to this court on or before 2/4/2016.(Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM CHENG and JANET CHENG,

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No. 2:15-cv-01617-TLN

Appellants,
v.

ORDER DENYING MOTION

ARTHUR OSTERBACK, et al.
Appellees.

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This matter is before the Court pursuant to Appellants William and Janet Cheng’s

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(“Appellants”) Motion to Unseal the Sealed Documents. (ECF No. 21.) Within Appellants’

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motion, Appellants request that this Court unseal “the sealed documents,” permit the Clerk of

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Court to electronically transmit all unsealed records, and extend the time for Appellants to file

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their opening brief. (ECF No. 21.)

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First, the Court notes that there are no sealed documents in this case. Therefore, there is

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no need for the Clerk of Court to electronically transfer any such information. Second, this Court

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has already allowed Appellants numerous extensions in this case and does not find it appropriate

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to continue doing so.

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The Notice of Appeal in this case was filed on July 28, 2015. (ECF No. 1.) Pursuant to

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Federal Rule of Bankruptcy Procedure 8006 and 8007, Appellants were required to file within

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fourteen (14) days their designation of record, statement of issues on appeal, and a notice
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regarding the ordering of transcripts with the bankruptcy court. (ECF No. 2.) Appellant moved

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for an extension of time twice and this Court granted both extensions, however, the Court

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admonished Appellant that no further extensions would be granted. (See Min. Orders ECF No. 4,

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9.) Even after extending the deadlines, Appellants failed to timely file the necessary documents,

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and this Court was forced to issue Orders to Show Cause on two different occasions in order to

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compel Appellants’ cooperation. (See Order to Show Cause, ECF No. 13, 16.) Appellants finally

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filed the necessary documentation and were issued a certificate of record on January 11, 2016,

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almost six months past the original deadline. (ECF No. 20.) In an effort to provide Appellants

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with a decision on the merits, this Court deemed such documents timely. However, the Court will

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not continue to accept late filings. As articulated in this Court’s Bankruptcy Appeal Briefing

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Schedule, Appellants’ opening brief is due to this Court on or before February 4, 2016. (ECF

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No. 20-1.) Failure to do so will result in dismissal of Appellants’ appeal.

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For the foregoing reasons, Appellants’ motion (ECF No. 21) is hereby DENIED.

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IT IS SO ORDERED.

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Dated: February 3, 2016

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Troy L. Nunley
United States District Judge

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