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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MICHAEL BRACCO, et al.,

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Appellants,

ORDER GRANTING APPELLANTS’
MOTION FOR EXTENSION OF TIME TO
FILE OPENING BRIEF

v.

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No. C 12-2945 MMC

KURT ALBERT LEINTZ, et al.,
Appellees.

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/

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Before the Court is appellants’ motion, filed December 27, 2012, in which appellants

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seek a one week extension of the previously extended deadline to file their opening brief,

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citing the press of other work and holiday commitments. Appellees have filed opposition,

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stating they “have been prejudiced by Appellants’ lack of diligence” and pointing out the

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underlying “adversary proceedings upon which this appeal is based were filed over four

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years ago.” (See Opp’n at 3.)

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Although the reasons given by appellants for the relief requested can hardly be

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described as compelling, the Court finds the source of the delay and the brevity of the

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extension weigh in favor of granting the motion. See Greco v. Stubenberg, 859 F.2d 1401,

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1404 (9th Cir. 1988) (noting among factors for consideration with respect to dismissal of

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bankruptcy appeal is “whether the conduct giving rise to the dismissal was caused entirely

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by the party’s attorney”).

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//

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Accordingly, appellants’ motion to extend the time to file appellants’ opening brief to

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January 4, 2013 is hereby GRANTED. If said brief is not filed by said date, the above-titled

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appeal will be dismissed for failure to prosecute.

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IT IS SO ORDERED.

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Dated: January 2, 2013
MAXINE M. CHESNEY
United States District Judge

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