Poonja et al v. International Contract Technologies

Filing 15

THIRD ORDER RE RECORD ON APPEAL. Signed by Judge Hamilton on 12/16/11. (pjhlc3, COURT STAFF) (Filed on 12/16/2011)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 In re MESATRONIC USA, INC, 5 6 Debtor. ______________________________________/ 7 INTERNATIONAL CONTACT TECHNOLOGIES INCORPORATED, 8 9 Defendant/Appellant, v. 11 For the Northern District of California United States District Court 10 No. C 10-5868PJH Bankr. Case No. 08-53287 SLJ Adv. Case No. 09-5049 SLJ THIRD ORDER RE RECORD ON APPEAL 12 MOHAMMED POONJA, TRUSTEE, 13 14 Plaintiff/Appellee. ____________________________________/ 15 Per this court’s prior November 7, 2011 and November 23, 2011 orders, 16 defendant/appellant International Contact Technologies (“ICT”) was required to ensure 17 preparation and transmission of the transcripts to complete the record on appeal before this 18 court no later than December 6, 2011. It has not done so. 19 The court’s prior orders advised ICT that to the extent that it failed to provide this 20 court with a transcript of the proceedings below on appeal, the court would defer to the 21 bankruptcy court as to any issues of fact or mixed issues for which transcripts would 22 normally be required. The court’s November 23, 2011 order noted that in its November 10, 23 2011 amended designation of record, ICT had designated transcripts from two proceedings 24 not previously designated for inclusion in the record on appeal: (1) the May 6, 2010 hearing 25 on a motion to strike jury demand; and (2) the November 30, 2010 bench trial. Accordingly, 26 it does appear that ICT desires that the transcripts be included in the record and utilized by 27 the court in its adjudication of its appeal. 28 1 However, ICT failed to provide the court with the transcripts and/or ensure that the 2 transcripts were provided to the court by the above deadline. Nor did it submit an 3 explanation regarding why the transcripts have not yet been provided to the court. The 4 court will provide ICT with one final opportunity to supplement the record with the 5 transcripts. ICT is ORDERED to provide the court with the relevant transcripts no later 6 than Friday, December 23, 2011. If it fails to do so, the court will adjudicate the appeal 7 without the transcripts, and will defer to the bankruptcy court as to any issues of fact or 8 mixed issues for which transcripts would normally be required. ICT will not be afforded any 9 further opportunity to supplement the record with the transcripts. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 Dated: December 16, 2011 13 ______________________________ PHYLLIS J. HAMILTON United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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