Wuthrich v. Amer Sports Winter & Outdoor Company

Filing 9

ORDER to Show Cause Why Appeal Should Not Be Dismissed for Lack of Prosecution (emclc2, COURT STAFF) (Filed on 1/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRITZ WUTHRICH

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Appellant

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For the Northern District of California

United States District Court

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v.

No. 14-cv-00871-EMC
ORDER TO SHOW CAUSE WHY
APPEAL SHOULD NOT BE DISMISSED
FOR LACK OF PROSECUTION

AMER SPORTS WINTER & OUTDOOR
COMPANY

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Appellee.
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Appellant filed the instant appeal from the United States Bankruptcy Court for the Northern

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District of California on February 26, 2014. Dkt. No. 1. Appellant is represented by Ms. Ruth Elin

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Auerbach, Esq. The same day the Notice of Appeal was received by this Court, the Clerk of the

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Court issued an order that provided, in relevant part:

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Pursuant to Fed. R. Bankr. P. 8010 and B.L.R. 8010-1, the
appellant must serve and file a brief not exceeding 25 pages in length
28 days after the record on appeal has been entered on the District
Court docket.

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Dkt. No. 2, at 1. The bankruptcy record on appeal was received by the Court on May 20, 2014.

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That same date, the Clerk of the Court issued a "Notice of Briefing" which stated, in relevant part,

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that "appellant must serve and file a brief not exceeding 25 pages in length on 6/17/14." Dkt. No. 4,

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at 1.

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Over six months have elapsed and no opening brief has been filed by Appellant. On

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November 25, 2014, Appellee filed a motion to dismiss for lack of prosecution. No opposition has

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been filed. The hearing on Appellee's motion, currently set for January 15, 2015 at 1:30 is

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VACATED. Appellant is hereby ORDERED to SHOW CAUSE why this appeal should not be

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dismissed for failure to prosecute. Appellant's response to this order shall not exceed 10 pages and

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shall be filed no later than Wednesday, January 14, 2015 at 3:00pm. Appellant is hereby advised

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that failure to file a response to this order may result in dismissal of this appeal for lack of

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prosecution.

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IT IS SO ORDERED.
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Dated: January 6 , 2015
_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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