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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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THE BILLING RESOURCE, LLC,

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United States District Court
For the Northern District of California

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Appellant,
v.
OLD T.B.R. INCORPORATED, f/k/a THE
BILLING RESOURCE, dba INTEGRETEL, a
California company,

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Appellee.

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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

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February 2, 2012, Appellee moved to dismiss the appeal on the ground that: (1) Appellant’s notice

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of appeal is untimely; (2) the summary adjudication that forms the basis of this appeal is not a final

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appealable order; and (3) Appellant has failed to file a designation of record and statement of issues

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on appeal in accordance with Federal Rule of Bankruptcy Procedure 8006. ECF No. 3. As of the

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date of this Order, more than four months after Appellee filed its motion to dismiss, Appellant has

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not filed an opposition nor has Appellant perfected the record as required by Rule 8006. Indeed,

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Appellant appears to have abandoned this appeal. Accordingly, the Court ORDERS Appellant to

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show cause why this appeal should not be dismissed for failure to prosecute. Appellant must file a

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response explaining why this case should not be dismissed for failure to prosecute by June 25,

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2012. Failure to file a timely response will result in the appeal being dismissed.

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IT IS SO ORDERED.

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Dated: June 11, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-00445-LHK

ORDER TO SHOW CAUSE