The Billing Resource, LLC v. Old T.B.R. Incorporated

Filing 4

ORDER TO SHOW CAUSE. Show Cause Response due by 6/25/2012.. Signed by Judge Lucy H. Koh on 6/11/2012. (lhklc1, COURT STAFF) (Filed on 6/11/2012)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 THE BILLING RESOURCE, LLC, 8 9 United States District Court For the Northern District of California 10 11 Appellant, v. OLD T.B.R. INCORPORATED, f/k/a THE BILLING RESOURCE, dba INTEGRETEL, a California company, 12 Appellee. 13 14 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 12-CV-00445-LHK ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE The above captioned bankruptcy appeal was filed on January 27, 2012. ECF No. 1. On 15 February 2, 2012, Appellee moved to dismiss the appeal on the ground that: (1) Appellant’s notice 16 of appeal is untimely; (2) the summary adjudication that forms the basis of this appeal is not a final 17 appealable order; and (3) Appellant has failed to file a designation of record and statement of issues 18 on appeal in accordance with Federal Rule of Bankruptcy Procedure 8006. ECF No. 3. As of the 19 date of this Order, more than four months after Appellee filed its motion to dismiss, Appellant has 20 not filed an opposition nor has Appellant perfected the record as required by Rule 8006. Indeed, 21 Appellant appears to have abandoned this appeal. Accordingly, the Court ORDERS Appellant to 22 show cause why this appeal should not be dismissed for failure to prosecute. Appellant must file a 23 response explaining why this case should not be dismissed for failure to prosecute by June 25, 24 2012. Failure to file a timely response will result in the appeal being dismissed. 25 IT IS SO ORDERED. 26 Dated: June 11, 2012 _________________________________ LUCY H. KOH United States District Judge 27 28 1 Case No.: 12-CV-00445-LHK ORDER TO SHOW CAUSE

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