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