Mohsen

Filing 9

ORDER Regarding Briefing Schedule. Signed by Judge Lucy H. Koh on 4/08/2013. (lhklc3, COURT STAFF) (Filed on 4/8/2013)

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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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In re: AMR MOHSEN
Debtor,

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AMR MOHSEN

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Appellant,

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v.
CAROL WU, Chapter 7 Trustee,

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Appellee.

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Case No.: 12-CV-03610-LHK
ORDER REGARDING BRIEFING
SCHEDULE

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On June 22, 2012, the United States Bankruptcy Court entered an order approving the
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Trustee’s final account and payment of professional fees in the bankruptcy case of Amr Mohsen
(“Appellant” or “Mohsen”). See Order Re: Tr.’s Final Acct. and Final Fee Appl. of Tr.’s Acct. and
Att’ys, ECF No. 1, at 17. The following day, pursuant to 28 U.S.C. § 158(a) and (c)(1), Mohsen

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signed and mailed a Statement to Assign Notice of Appeal to the United States District Court and a
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Notice of Appeal to the United States District Court. ECF No. 1, at 3, 5. These documents were
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filed on July 10, 2012. Id. On July 11, 2012, the Deputy Clerk filed a Notice of Briefing. ECF
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No. 2.
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Case No.: 12-CV-03610-LHK
ORDER REGARDING BRIEFING SCHEDULE

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On August 9, 2012, Appellee filed an Ex Parte Motion to Dismiss the Appeal for Lack of

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Prosecution, requesting that this appeal be dismissed because of Mohsen’s failure to comply with

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Bankruptcy Rule 8006. See Ex Parte Mot. to Dismiss the Appeal for Lack of Prosecution, ECF

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No. 3, at 2 (“Mot.”). Appellee asserted that, as of August 9, 2012, Mohsen was out of compliance

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with Bankruptcy Rule 8006 because Mohsen had not: (1) “file[d] or serve[d] a designation of the

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record or issues on appeal;” (2) “provided the clerk with a copy of any designated items;” or (3)

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“taken . . . steps to order any transcripts.” Mot. at 2. Mohsen filed a response to the Motion on

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August 24, 2012. ECF No. 5 (“Response”). On March 5, 2013, the Court denied Appellee’s Ex

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Parte Motion to Dismiss the Appeal for Lack of Prosecution. ECF No. 8.

United States District Court
For the Northern District of California

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In spite of denial, Mohsen still has not filed anything in the past month. Accordingly, the

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Court now sets the following briefing schedule. By May 8, 2013, Mohsen shall serve and file a

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brief not exceeding 25 pages in length.

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Appellee must serve and file a brief not exceeding 25 pages in length 20 days after service

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of Mohsen’s brief. If Appellee files a cross-appeal, the brief of Appellee must contain the issues

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and argument pertinent to the cross-appeal, denominated as such.

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Mohsen must serve and file a reply brief not exceeding 15 pages in length 10 days after

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service of Appellee’s brief. If Appellee has filed a cross-appeal, Mohsen must include his

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opposition in the reply brief.

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Appellee may serve and file a reply to the opposition to any cross appeal not exceeding 15
pages in length 10 days after service of appellant’s brief.

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Pursuant to B.L.R. 8010-1, upon completion of the briefing, the undersigned judge will set

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a date for oral argument, if needed. Otherwise, the matter will be deemed submitted for decision.

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If Mohsen fails to file a brief on May 8, 2013, the Court will issue an Order to Show Cause

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why this case should not be dismissed with prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: April 8, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-03610-LHK
ORDER REGARDING BRIEFING SCHEDULE