in re Jacqueline C. Melcher aka Jacqueline Carlin

Filing 25

ORDER DENYING REQUEST FOR EXTENSION OF TIME re (37 in 5:11-cv-00342-RMW) Declaration in Support filed by Ryan Melcher. Signed by Judge Ronald M. Whyte on February 3. 2012. (rmwlc2, COURT STAFF) (Filed on 2/3/2012)

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E-FILED on 2/3/2011

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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RYAN MELCHER,

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No. 11-cv-00342 RMW

Appellant,
ORDER DENYING REQUEST FOR
EXTENSION OF TIME

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v.

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JOHN W. RICHARDSON, Trustee in
Bankruptcy,

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Appellee.
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Ryan Melcher commenced the above noticed appeal on January 12, 2011. On October 21,

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2011, Mr. Melcher was ordered to file adequate designations of the record with the bankruptcy

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court, to be transmitted to the district court by November 4, 2011. On November 4, 2011, Mr.

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Melcher filed a notice indicating simply: "I stand by the designation of record on appeal." Dkt. No.

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32. On November 8, 2011, Mr. Melcher requested permission from the bankruptcy court to "amend

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the current record on appeal." See Dkt. No. 33. On December 30, 2011, after the filing of both Mr.

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Melcher's opening brief and Appellee's responsive brief, and seven days after the deadline for the

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filing of Mr. Melcher's Reply Brief, Mr. Melcher filed this request for an extension of time to file a

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reply brief, claiming that there were problems with the designation of record because he had filed his

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request with the wrong court. Mr. Melcher fails to sufficiently explain his delay of nearly two

ORDER DENYING REQUEST FOR EXTENSION OF TIME
EDM

—No. 11-cv-00342 RMW

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months in correcting his mistaken filing or his failure to comply with the local rules in filing his

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reply. His request for an extension of time is therefore denied. The appeal will proceed on the

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current briefing and record as identified by Mr. Melcher in Dkt. No. 15.

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DATED:

2/3/2011

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RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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ORDER DENYING REQUEST FOR EXTENSION OF TIME
EDM

—No. 11-cv-00342 RMW

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