Whitney v. Pacific Trading Ventures et al
ORDER DIRECTING APPELLANT TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED FOR FAILURE TO DESIGNATE RECORD. Appellant is ordered to show cause, in writing and filed with the Clerk of the District Court no later than January 10, 2014, why the appeal should not be dismissed pursuant to Rule 8001(a).Signed by Judge Maxine M. Chesney on December 23, 2013. (mmclc1, COURT STAFF) (Filed on 12/23/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
No. C-13-5766 MMC
PACIFIC THOMAS CORPORATION, dba
THOMAS CAPITAL, dba SAFE STORAGE,
Bankruptcy Adv. Proc. No. 13-04079 MEH
ORDER DIRECTING APPELLANT TO
SHOW CAUSE WHY APPEAL SHOULD
NOT BE DISMISSED FOR FAILURE TO
KYLE EVERETT, Chapter 11 Trustee,
RANDALL WHITNEY, et al.,
Before the Court is appellant Randall Whitney’s Notice of Appeal, filed with the Clerk
of the Bankruptcy Court on December 2, 2013. The Court’s review of the matter indicates
that appellant has failed to take any steps to designate the record on appeal, and,
consequently, as set forth below, appellant will be ordered to show cause why the appeal
should not be dismissed.
“Within 14 days after filing the notice of appeal . . . , the appellant shall file with the
clerk and serve on the appellee a designation of the items to be included in the record on
appeal and a statement of the issues to be presented.” Fed. R. Bankr. P. 8006. “Any party
filing a designation of the items to be included in the record shall provide to the clerk a copy
of the items designated or, if the party fails to provide the copy, the clerk shall prepare the
copy at the party’s expense.” Id. “If the record designated by any party includes a
transcript of any proceeding or a part thereof, the party shall, immediately after filing the
designation, deliver to the reporter and file with the clerk a written request for the transcript
and make satisfactory arrangements for payment of its cost.” Id.
Here, as noted, appellant filed his notice of appeal on December 2, 2013. The
docket of the bankruptcy court proceeding, however, contains no entry showing appellant
has, at any time thereafter, let alone within the time required by Rule 8006, filed his
designation of items to be included in the record on appeal and his statement of issues to
be presented. See Everett v. Whitney, Adversary Proceeding No. 13-04079 MEH. “An
appellant’s failure to take any step other than timely filing a notice of appeal does not affect
the validity of the appeal, but is ground . . . for such action as the district court . . . deems
appropriate, which may include dismissal of the appeal.” Fed. R. Bankr. P. 8001(a); see,
e.g., In re Champion, 895 F.2d 490, 492 (8th Cir. 1990) (affirming dismissal of bankruptcy
appeal, where appellant “failed to file either a designation of the record or a statement of
issues as required by Rule 8006”)
Accordingly, appellant is hereby ORDERED TO SHOW CAUSE, in writing and filed
with the Clerk of the District Court no later than January 10, 2014, why the above-titled
appeal should not be dismissed pursuant to Rule 8001(a).
IT IS SO ORDERED.
Dated: December 23, 2013
MAXINE M. CHESNEY
United States District Judge
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