Bracco et al v. Leintz et al

Filing 16

ORDER GRANTING APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF. Signed by Judge Maxine M. Chesney on January 2, 2013. (mmclc2, COURT STAFF) (Filed on 1/2/2013)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 For the Northern District of California United States District Court 10 MICHAEL BRACCO, et al., 11 Appellants, ORDER GRANTING APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF v. 12 13 No. C 12-2945 MMC KURT ALBERT LEINTZ, et al., Appellees. 14 / 15 Before the Court is appellants’ motion, filed December 27, 2012, in which appellants 16 17 seek a one week extension of the previously extended deadline to file their opening brief, 18 citing the press of other work and holiday commitments. Appellees have filed opposition, 19 stating they “have been prejudiced by Appellants’ lack of diligence” and pointing out the 20 underlying “adversary proceedings upon which this appeal is based were filed over four 21 years ago.” (See Opp’n at 3.) 22 Although the reasons given by appellants for the relief requested can hardly be 23 described as compelling, the Court finds the source of the delay and the brevity of the 24 extension weigh in favor of granting the motion. See Greco v. Stubenberg, 859 F.2d 1401, 25 1404 (9th Cir. 1988) (noting among factors for consideration with respect to dismissal of 26 bankruptcy appeal is “whether the conduct giving rise to the dismissal was caused entirely 27 by the party’s attorney”). 28 // 1 Accordingly, appellants’ motion to extend the time to file appellants’ opening brief to 2 January 4, 2013 is hereby GRANTED. If said brief is not filed by said date, the above-titled 3 appeal will be dismissed for failure to prosecute. 4 IT IS SO ORDERED. 5 Dated: January 2, 2013 MAXINE M. CHESNEY United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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?