Melcher v. Richardson

Filing 10

ORDER SETTING DEADLINES. Signed by Judge Whyte on 10/21/2011. (rmwlc2, COURT STAFF) (Filed on 10/21/2011)

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1 2 3 4 E-FILED on 10/21/2011 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 12 JACQUELINE CARLIN MELCHER, 13 No. 11-cv-01616 RMW Appellant, ORDER SETTING DEADLINES 14 v. 15 JOHN W. RICHARDSON, Trustee in Bankruptcy, 16 Appellee. 17 18 19 20 Jacqueline C. Melcher commenced the above appeal by filing a notice of appeal on March 21 18, 2011. The record on appeal has not been transmitted by the bankruptcy court to the district 22 court, apparently because Ms. Melcher has not provided the clerk with an adequate designation of 23 the record. Ms. Melcher also has not filed an opening brief. On September 20, 2011, the court 24 ordered Ms. Melcher to appear on October 21, 2011 and show cause why the appeal should not be 25 dismissed for lack of prosecution. Ms. Melcher did appear. As explained at the hearing, Mr. 26 Melcher must file adequate designations of the record with the bankruptcy court so that the record 27 may be transmitted to the district court by November 4, 2011. To determine how to correct the 28 record, Ms. Melcher may need to contact the bankruptcy court's appeals clerk. She must then file 11-cv-01616 MEC — Order Setting Deadlines 1 her opening brief in this appeal by December 1, 2011. If these deadlines are not met, the appeal will 2 be dismissed. 3 4 5 DATED: 10/21/2011 RONALD M. WHYTE United States District Judge 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11-cv-01616 MEC — Order Setting Deadlines 2

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