Lona v. Abreu

Filing 17

ORDER DISMISSING APPEAL. Signed by Judge Ronald M. Whyte on 2/12/2009. (rmwlc1, COURT STAFF) (Filed on 2/13/2009)

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ORDER DISMISSING APPEAL No. C-08-03563 RMW TSF

E-filed on:

2/13/2009

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

In re: CORRINA CURIEL LONA, Debtor. CORRINA CURIEL LONA, Appellant, v. JOSE ABREU dba INTERTEL COMMUNICATIONS, Appellee.

No. C-08-03563 RMW ORDER DISMISSING APPEAL [Re Docket Nos. 16, 17]

On January 21, 2009, the court granted debtor Corrina Curiel Lona's motion for an extension of time to file her opening appellate brief. The court set a deadline of February 6, 2009. See Docket No. 16. In that order, the court cautioned: "A failure by Lona to file her appellate brief by February 6 will result in the court issuing an order to show cause why the appeal should not be dismissed for want of prosecution." Id. at 2 (emphasis in original). Lona did not file a brief by February 6. On February 10, she filed a "withdrawal of appeal" "due to the burdens of representing oneself and the learning curve involved in doing so." The court

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interprets this document as a motion to voluntarily dismiss the appeal. See Bankr. Rule 8001(c)(2). As the appellee has already filed a motion to dismiss the appeal for lack of prosecution, the court grants Lona's motion to dismiss the appeal. The clerk shall close the file.

DATED:

2/12/2009

RONALD M. WHYTE United States District Judge

ORDER DISMISSING APPEAL No. C-08-03563 RMW TSF

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Notice of this document has been electronically sent to: Counsel for Appellee: Stevan Chazen Adelman Office of the U.S. Trustee Nanette Dumas [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Notice of this document has been mailed to: Appellant: Corrina Curiel Lona 360 Kiely Blvd. Suite 100 San Jose, CA 95129 Trustee, John W. Richardson: Charles P. Maher Luce, Forward, Hamilton & Scripps, LLP Rincon Center II 121 Spear Street Suite 200 San Francisco, CA 94105 USBC Manager ­ San Jose USBC Manager-San Jose US Bankruptcy Court 280 South First Street Room 3035 San Jose, CA 95113 Honorable Roger L. Efremsky Roger L. Efremsky U.S. Bankruptcy Court 280 South First Street Room 3035 San Jose, CA 95113

Dated:

2/13/2009

TSF Chambers of Judge Whyte

ORDER DISMISSING APPEAL No. C-08-03563 RMW TSF

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