Pan

Filing 5

ORDER DISMISSING APPEAL. Signed by Judge Phyllis J. Hamilton on 7/30/2018. (pjhlc2, COURT STAFF) (Filed on 7/30/2018)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JIAN PAN,

9

Case No. 18-cv-03354-PJH
Appellant,

8
v.

ORDER DISMISSING APPEAL

Ralph Partners II, LLC,

11
United States District Court
Northern District of California

10

Re: Dkt. No. 4

Appellee.

12
13

As explained in this court’s prior order, Bankruptcy Rule 8009 requires an

14

appellant to file with the clerk and serve on the appellee a designation of items to be

15

included in the record and a statement of issues within 14 days after filing a notice of

16

appeal. Dkt. 4 at 1; Fed. R. Bank. Proc. 8009. On July 13, 2018, more than one month

17

after appellant Jian Pan filed his notice of appeal, this court issued an order to show

18

cause why appellant’s failure to perfect his appeal pursuant to Rule 8009 should not

19

result in dismissal. Dkt. 4 at 1-2. The same order required Pan to file a written response

20

within 14 days. Id. That deadline has now passed, and the court has not received a

21

response.

22

Accordingly, the court finds that in view of plaintiff’s failure to perfect his appeal

23

and his failure to comply with this court’s order to show cause, that there is no less

24

drastic sanction available, and that the appeal must be DISMISSED WITHOUT

25

PREJUDICE. See Ferdik Bonzelet, 963 F.2d 1258, 1261-62 (9th Cir.1992)

26

(consideration of alternatives is satisfied where the court expressly warned that failure to

27

abide by a court order will result in dismissal); Williams v. Schoenmann, No. C-03-1936

28

SC, 2003 WL 22749198, at *2 (N.D. Cal. Nov. 18, 2003) (dismissing appeal for failure to

1
2
3
4
5

provide an adequate record).
IT IS SO ORDERED.
Dated: July 30, 2018
__________________________________
PHYLLIS J. HAMILTON
United States District Judge

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2