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

Filing 5

ORDER Dismissing Appeal. Signed by Judge Lucy H. Koh on 6/26/2012. (lhklc1, COURT STAFF) (Filed on 6/26/2012)

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

United States District Court
For the Northern District of California

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Appellee.

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Case No.: 12-CV-00445-LHK
ORDER DISMISSING APPEAL

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 June

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11, 2012, more than four months after Appellee filed its motion to dismiss, Appellant had not filed

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an opposition, nor had Appellant perfected the record as required by Rule 8006. Accordingly, the

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Court ordered Appellant to show cause why this appeal should not be dismissed for failure to

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prosecute. ECF No. 4. The Court ordered Appellant to file a response explaining why this case

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should not be dismissed for failure to prosecute by June 25, 2012. The Order to Show Cause

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informed Appellant that failure to file a timely response would result in the appeal being dismissed.

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As of June 26, 2012, Appellant has not filed a response to the Order to Show Cause nor complied

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with Rule 8006. Accordingly, this appeal is DISMISSED. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: June 26, 2012

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LUCY H. KOH
United States District Judge

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Case No.: 12-CV-00445-LHK

ORDER DISMISSING APPEAL