Ene v. Darisme

Filing 10

ORDER TO SHOW CAUSE RE: FAILURE TO FILE OPPOSITION TO MOTION TO DISMISS. Signed by Judge Jon S. Tigar on 11/25/2024. Show Cause Response due by 12/13/2024. (dms, COURT STAFF) (Filed on 11/25/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

PRINCESCA N. ENE,
Appellant,

8
v.

9
10

PATRICE DARISME,

ORDER TO SHOW CAUSE RE:
FAILURE TO FILE OPPOSITION TO
MOTION TO DISMISS

Appellee.

11

United States District Court
Northern District of California

Case No. 24-cv-04442-JST

12
13

On November 4, 2024, Appellant Patrice Darisme filed a motion to dismiss this

14

bankruptcy appeal. ECF No. 8. The deadline to file an opposition has passed, and no opposition

15

has been filed. Nor has Appellant Princesca N. Ene filed the statement of nonopposition that is

16

required when “the party against whom the motion is directed does not oppose the motion.” Civil

17

L.R. 7-3(b).

18

On or before December 13, 2024, Ene shall file either a written response showing cause as

19

to why a timely opposition was not filed or a statement of nonopposition to Darisme’s motion to

20

dismiss.

21

This order does not constitute permission to file a late opposition.

22

The deadline to file a reply brief to the motion to dismiss is vacated, as is the hearing

23

currently scheduled for December 19, 2024. The Court will schedule a new reply deadline and

24

hearing date if necessary.

25

If Ene does not file a timely response to this order to show cause, the Court may dismiss

26

this case for failure to prosecute. See Fed. R. Civ. P. 41(b) (allowing dismissal “[if] the plaintiff

27

fails to prosecute”); Fed. R. Bankr. P. 8003(a)(2) (providing that “[a]n appellant’s failure to take

28

///

1

any step other than the timely filing of a notice of appeal” allows “the district court . . . to act as it

2

considers appropriate, including dismissing the appeal”).

3
4
5
6

IT IS SO ORDERED.
Dated: November 25, 2024
______________________________________
JON S. TIGAR
United States District Judge

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