In re Farahani

Filing 4

ORDER by Judge James Ware denying 2 Motion to Dismiss (jwlc2, COURT STAFF) (Filed on 5/15/2009)

1 2 3 4 5 6 7 8 9 10 In re Farahani, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-00130 JW ORDER DENYING APPELLANT'S MOTION TO CONSIDER DISMISSAL / On January 8, 2009, Fred Farmahin Farahani ("Appellant"), proceeding pro se, filed this bankruptcy appeal, seeking reversal of the bankruptcy court's order terminating the automatic stay pursuant to 11 U.S.C. § 362(a). Presently before the Court is Appellant's Motion to "Consider Dismissal."1 (hereafter, "Motion," Docket Item No. 2.) Although Appellant's Motion is difficult to comprehend, it appears to be a motion for the relief sought under his appeal­reversal of the bankruptcy court's decision to lift the automatic stay pursuant to § 362(a). Despite entry of the appeal on the Court's Docket on January 8, 2009, Appellant has failed to file and serve a brief stating the grounds for his requested relief in accordance with Bkr. L.R. 8010-1(a). In light of Appellant's pro se status, the Court finds it appropriate to provide him an opportunity to pursue his appeal. Accordingly, the Court ORDERS as follows:

United United States District Court

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For the Northern District of California

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The Court notes that this is Appellant's second case asserting the same claims. See CV 085786 JW. On May 12, 2009, the Court dismissed that action for lack of prosecution and entered Judgment. The Court reserves the right to consider any collateral estopple issues once the briefing schedule is completed.

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(1)

Appellant shall file and serve his appeal brief in accordance with the Federal Rules of Bankruptcy Procedure and the Court's Local Rules within 15 days following this O r d e r.

(2)

Any further briefing, if any, shall be filed and served in accordance with the Local Rules governing bankruptcy appeals.

(3)

The Court Orders Appellant and Respondent to appear for a Case Management Conference on June 29, 2009 at 10 a.m. On or before June 19, 2009, the parties shall meet and confer and file a Joint Case Management Statement. The Statement shall provide the Court with an update of the parties' briefing on this matter.

(4)

Appellant shall serve this Order on Respondents on or before May 22, 2009.

United States District Court

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For the Northern District of California

Appellant's failure to comply with any part of this Order will result in dismissal under Rule 41(b) of the Federal Rules of Civil Procedure. The Court DENIES Appellant's Motion to Dismiss as premature.

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Dated: May 15, 2009

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: USBC Manager-San Jose US Bankruptcy Court 280 South First Street Room 3035 San Jose, CA 95113 Benjamin Rafael Levinson Law Office of Benjamin Levinson 46 N. Second Street, Suite A Campbell, CA 95008 Fred Farmahin Farahani 1705 Westmont Avenue Campbell, Ca 95008

United States District Court

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For the Northern District of California

Dated: May 15, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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