San Francisco Citizens Against Eviction Sheila Bakhtiari et al v. Innocenti, LLC

Filing 21

ORDER denying 14 Appellant's Second Motion for Extension of Time; and ORDER TO SHOW CAUSE Show Cause Response due by 7/29/2016.. Signed by Judge Edward M. Chen on 7/8/2016. (emclc2S, COURT STAFF) (Filed on 7/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO CITIZENS AGAINST

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EVICTION, et al.,
Appellants,

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For the Northern District of California

United States District Court

Case No. 16-cv-02179-EMC

v.
INNOCENTI, LLC,

ORDER DENYING APPELLANT'S
SECOND MOTION FOR EXTENSION
OF TIME; AND ORDER TO SHOW
CAUSE
Docket No. 14

Appellee.

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Currently pending before the Court is a second request for an extension of time filed by
Appellant San Francisco Citizens Against Eviction ("SFCAE").

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SFCAE, along with Sheila Bakhtiari and Anthony Flores, initiated this bankruptcy appeal

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in or about April 2016. Appellants appealed an order from the bankruptcy court holding SFCAE

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and Mr. Flores in contempt and further holding them liable for monetary sanctions (more than

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$23,000). Appellants' opening brief was due on June 16, 2016. On June 14, 2016 -- i.e., only two

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days before the opening brief was to be filed -- SFCAE and Mr. Flores asked for an extension of

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time to file the brief. SFCAE and Mr. Flores argued that the underlying matter would likely be

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settled or dismissed and so "the requested extension will promote judicial economy and the

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interests of justice by conserving the resources of the Court and the parties." Docket No. 10

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(Amended Mot. at 1). The bankruptcy trustee opposed the request for an extension, noting that,

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"[e]ven if the Bankruptcy Court were to dismiss the Innocenti bankruptcy case, there is nothing to

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suggest that the Bankruptcy Court would not retain jurisdiction to enforce the Sanctions Order."

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Docket No. 11 (Opp'n at 2). The Court ultimately granted in part SFCAE and Mr. Flores's

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request, giving them an additional two weeks (rather than the requested twenty-nine days) to file

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their brief.
On July 1, 2016 -- i.e., the day the opening brief was due -- Mr. Flores moved to

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voluntarily dismiss his appeal on the ground that it was premature.1 See Docket No. 13 (motion).

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As for SFCAE, it asked for another extension to file its opening brief so that it would have "a little

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time to determine whether to dismiss its appeal [on the basis that it was premature] or to retain

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new counsel to pursue its appeal." Docket No. 14 (Mot. at 1). According to SFCAE, its current

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counsel -- Mr. Flores -- "is seeking to voluntarily dismiss his appeal and he will no longer be

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representing SFCAE if it intends to pursue its appeal now." Docket No. 14 (Mot. at 1). SFCAE's

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request for an extension is the motion currently pending before the Court.
The Court hereby DENIES SFCAE's motion. As the bankruptcy trustee points out, the

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For the Northern District of California

United States District Court

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motion was filed on SFCAE's behalf by Mr. Flores, and, even though SFCAE and/or Mr. Flores

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claim that Mr. Flores is the organization's current counsel, there is evidence to the contrary. For

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example, in an e-mail dated March 26, 2016, Mr. Flores stated to the bankruptcy trustee that "I no

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longer represent SFCAE due to contempt and client conflicts." Docket No. 18 (Hayes Decl., Ex.

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1) (e-mail).
Because the Court is denying SFCAE's motion, its opening brief is now overdue and, in

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light of that situation, the Court now orders SFCAE to show cause as to why its appeal should not

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be dismissed for failure to prosecute. SFCAE shall have three weeks from the date of this

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order to file a response. SFCAE is advised that it must have counsel make an appearance and

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file the response on its behalf. See Civ. L.R. 3-9(b) (providing that "[a] corporation,

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unincorporated association, partnership or other such entity may appear only through a member of

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the bar of this Court"). Because the Court does not have direct contact information for

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SFCAE, it orders Mr. Flores to serve a copy of this order on SFCAE within two court days

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(by mail and e-mail). Mr. Flores shall also give telephone notice (i.e., of the contents of this

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Because the bankruptcy trustee did not oppose the motion, the Court ultimately granted it. See
Docket No. 20 (order).
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order) to SFCAE within two court days. Mr. Flores shall file a proof of service within four

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court days certifying that service was made and notice given as required by this order.

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Finally, the Court orders Mr. Flores to clarify whether Ms. Bakhtiari is an appellant in this

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case. The notice of appeal indicates that she is, but subsequent papers filed by Mr. Flores do not

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identify her as an appellant. Also, the bankruptcy court's order is directed to SFCAE and Mr.

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Flores, not Ms. Bakhtiari. Mr. Flores shall file a declaration clarifying Ms. Bakhtiari's status

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within four court days of this order.

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This order disposes of Docket No. 14.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: July 8, 2016
______________________________________
EDWARD M. CHEN
United States District Judge

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