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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 PAUL J. FRANKLIN, et al., Appellants, 12 13 14 Case No. C-12-02640-RMW ORDER TO SHOW CAUSE v. RUSSELL K. BURBANK, Respondent. 15 16 17 On May 21, 2012, Appellants filed a notice of appeal from the bankruptcy court. Dkt. No. 1. 18 The designated record on appeal was received by the district court on June 7, 2012. Dkt. No. 4. 19 The scheduling order required appellants to serve and file a brief supporting the appeal within 28 20 days of the record being completed. Dkt. No. 2; B.L.R. 8010-1(a). Thus, appellants had until July 21 5, 2012, to file their opening brief. As of March 26, 2013, appellants still have not filed their brief. 22 Therefore, appellants are ordered to show cause why their appeal should not be dismissed for failure 23 to prosecute. Appellants have until April 25, 2013, to respond to this order otherwise their appeal 24 will be dismissed. 25 26 Dated: March 26, 2013 _________________________________ RONALD M. WHYTE United States District Judge 27 28 ORDER TO SHOW CAUSE CASE NO. C-12-02646-RMW SW -1-

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