Aniel v. Aniel et al

Filing 15

ORDER DISCHARGING ORDER TO SHOW CAUSE AND DIRECTING APPELLANTS TO SERVE. Signed by Judge JEFFREY S. WHITE on 1/2/13. (jjoS, 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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IN RE ANIEL

No. C 12-03794 JSW

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/
For the Northern District of California

United States District Court

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ORDER DISCHARGING ORDER
TO SHOW CAUSE AND
DIRECTING APPELLANTS TO
SERVE

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On July 20, 2012, the Apellants filed a Notice of Appeal from the Bankruptcy Court.

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Appellants filed their opening brief on September 27, 2012. Pursuant to the Scheduling Order

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issued on July 20, 2012, the designated Appellee’s brief was due on October 18, 2012. On

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November 1, 2012, the Court issued an Order directing the designated Appellee to show cause

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why the Court should not treat the appeal as unopposed. On November 15, 2012, the

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designated Appellee - the Chapter 7 Trustee - filed a response to the Order to Show Cause, in

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which she advises the Court that she is not a real party in interest and was erroneously

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designated as the Appellee.

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The Court then issued an Order to Appellants to show cause why their appeal should not

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be dismissed for failing to properly designate the appellants. See Fed. Bank. R. Pro. 8001(a)(2).

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The Court has considered Appellants’ timely response, and it DISCHARGES the Order to

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Show Cause. The Court shall not dismiss the appeal. However, it does appear from the record

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that the entities listed in the “Court Service List” attached to Appellants’ Motion to Vacate Sua

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Sponte Order on Certification of Discharge and the Bankruptcy Court’s Orders would be

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interested parties to this appeal. (See AA43-AA52.) Accordingly, Appellants are HEREBY

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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.

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Any opposition to Appellants’ brief shall be due by February 19, 2013, and the Court

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strongly encourages a joint opposition brief. If any party seeks to extend this deadline, they

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must file a request demonstrating good cause for an extension by February 12, 2013.

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Appellants’ may file a combined reply brief by no later than March 21, 2013. If

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Appellants seek to extend this deadline, they must file a request demonstrating good cause by

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no later than March 14, 2013.

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If the Court does not receive any opposition by February 19, 2013, or if it does not

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receive a request to extend the time to file an opposition by February 12, 2013, it shall treat the

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matter as submitted an issue a ruling in due course.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.
Dated: January 2, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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