Asuncion et al v. JP Morgan Chase Bank NA et al

Filing 7

ORDER GRANTING REQUEST FOR LEAVE TO FILE OPENING BRIEF by Hon. William Alsup granting 6 Motion for Leave to File.(whalc1, COURT STAFF) (Filed on 6/20/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 13-00553 WHA

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For the Northern District of California

United States District Court

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IN RE: LAWRENCE ASUNCION, and
MARIA ASUNCION,

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Appellants.

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ORDER GRANTING
REQUEST FOR LEAVE TO
FILE OPENING BRIEF

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In this bankruptcy appeal the scheduling order required appellants to file their opening

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brief by May 14 (see Dkt. No. 2). No brief was filed. Appellants were ordered to show cause

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why this appeal should not be dismissed for failure to prosecute. Appellants’ counsel has filed a

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response styled as a motion for leave to file the opening brief. The motion explains that

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appellants’ counsel missed the filing deadline due to a (presumably junior) attorney

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unexpectedly leaving counsel’s law firm (Dkt. No. 6). This excuse does not justify counsel’s

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failure to timely request an extension or seek other relief. Nevertheless, the record does not

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evince any prejudice to appellees from the delay. This order elects not to punish appellants for

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their counsel’s missteps. The motion for leave to file the opening brief is GRANTED. Counsel

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shall file the opening brief by TODAY, JUNE 20 AT 5:00 P.M.

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IT IS SO ORDERED.

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Dated: June 20, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE