Krishan Corporation et al v. Patel

Filing 4

ORDER TO SHOW CAUSE. If Appellant does not file a response to this order to show cause by 5/3/2012 demonstrating why the case should not be dismissed, the Court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). No hearing will be held on the order to show cause unless otherwise ordered by the Court. Signed by Judge Edward J. Davila on 4/18/2012. (ejdlc1, COURT STAFF) (Filed on 4/18/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 IN RE: CASE NO. 5:11-cv-05705 EJD 6 KRISHAN CORPORATION, (Appeal from Days Inn Wordwide, Inc. v. Krishan (In re Krishan Corporation), Bankr. N.D. Cal. (San Jose) Case No. 10-50824, Adv. No. 10-5104) 7 Debtor. / 8 DAYS INN WOLDWIDE, INC., Adv. Proc. No. 10-5104 9 Plaintiff(s)/Respondent(s), 11 For the Northern District of California United States District Court 10 ORDER TO SHOW CAUSE v. KRISHAN CORPORATION, 12 Defendant(s)/Appellant(s). 13 14 / Appellant Krishan Corporation (“Appellant”) filed a Notice of Appeal from a decision of the 15 Bankruptcy Court on November 29, 2011. See Docket Item No. 1. The appellate record was 16 entered on the docket on December 29, 2011. See Docket Item No. 3. Pursuant to Bankruptcy 17 Local Rule 8010-1, Appellant was obligated to file an opening brief 28 days after the entry of the 18 record. To date, Appellant has not filed a brief and has taken no further action on this case. 19 Accordingly, the Court hereby issues an order to show cause why this action should not be 20 dismissed for failure to prosecute. If Appellant does not file a response to this order to show cause 21 by May 3, 2012, demonstrating why the case should not be dismissed, the Court will dismiss the 22 action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). No hearing will be held on 23 the order to show cause unless otherwise ordered by the Court. 24 IT IS SO ORDERED. 25 Dated: April 18, 2012 EDWARD J. DAVILA United States District Judge 26 27 28 1 CASE NO. 5:11-cv-05705 EJD ORDER TO SHOW CAUSE

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