Aniel v. Aniel et al

Filing 15


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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 IN RE ANIEL No. C 12-03794 JSW 11 / For the Northern District of California United States District Court 10 ORDER DISCHARGING ORDER TO SHOW CAUSE AND DIRECTING APPELLANTS TO SERVE 12 13 On July 20, 2012, the Apellants filed a Notice of Appeal from the Bankruptcy Court. 14 Appellants filed their opening brief on September 27, 2012. Pursuant to the Scheduling Order 15 issued on July 20, 2012, the designated Appellee’s brief was due on October 18, 2012. On 16 November 1, 2012, the Court issued an Order directing the designated Appellee to show cause 17 why the Court should not treat the appeal as unopposed. On November 15, 2012, the 18 designated Appellee - the Chapter 7 Trustee - filed a response to the Order to Show Cause, in 19 which she advises the Court that she is not a real party in interest and was erroneously 20 designated as the Appellee. 21 The Court then issued an Order to Appellants to show cause why their appeal should not 22 be dismissed for failing to properly designate the appellants. See Fed. Bank. R. Pro. 8001(a)(2). 23 The Court has considered Appellants’ timely response, and it DISCHARGES the Order to 24 Show Cause. The Court shall not dismiss the appeal. However, it does appear from the record 25 that the entities listed in the “Court Service List” attached to Appellants’ Motion to Vacate Sua 26 Sponte Order on Certification of Discharge and the Bankruptcy Court’s Orders would be 27 interested parties to this appeal. (See AA43-AA52.) Accordingly, Appellants are HEREBY 28 ORDERED to serve a copy of their Notice of Appeal, their opening brief, and this Order on each of those entities by January 18, 2012. 1 Any opposition to Appellants’ brief shall be due by February 19, 2013, and the Court 2 strongly encourages a joint opposition brief. If any party seeks to extend this deadline, they 3 must file a request demonstrating good cause for an extension by February 12, 2013. 4 Appellants’ may file a combined reply brief by no later than March 21, 2013. If 5 Appellants seek to extend this deadline, they must file a request demonstrating good cause by 6 no later than March 14, 2013. 7 If the Court does not receive any opposition by February 19, 2013, or if it does not 8 receive a request to extend the time to file an opposition by February 12, 2013, it shall treat the 9 matter as submitted an issue a ruling in due course. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. Dated: January 2, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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