Franklin et al v. Burbank

Filing 7

ORDER by Judge Whyte to show cause why appeal should not be dismissed for failure to prosecute. Response due by 4/25/2013. Signed by Judge Whyte on 3/26/2013. (rmwlc2, COURT STAFF) (Filed on 3/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
United States District Court
For the Northern District of California

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PAUL J. FRANKLIN, et al.,
Appellants,

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Case No. C-12-02640-RMW
ORDER TO SHOW CAUSE

v.
RUSSELL K. BURBANK,
Respondent.

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On May 21, 2012, Appellants filed a notice of appeal from the bankruptcy court. Dkt. No. 1.
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The designated record on appeal was received by the district court on June 7, 2012. Dkt. No. 4.
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The scheduling order required appellants to serve and file a brief supporting the appeal within 28
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days of the record being completed. Dkt. No. 2; B.L.R. 8010-1(a). Thus, appellants had until July
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5, 2012, to file their opening brief. As of March 26, 2013, appellants still have not filed their brief.
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Therefore, appellants are ordered to show cause why their appeal should not be dismissed for failure
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to prosecute. Appellants have until April 25, 2013, to respond to this order otherwise their appeal
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will be dismissed.
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Dated: March 26, 2013

_________________________________
RONALD M. WHYTE
United States District Judge

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ORDER TO SHOW CAUSE
CASE NO. C-12-02646-RMW
SW

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