Sevak & Sons, L.P., et al v. Shah et al

Filing 4

ORDER TO SHOW CAUSE. The court hereby issues an order to show cause requiring Appellant to investigate the status of the record in this action. Appellant shall file a brief declaration in response to this Order to Show Cause on or before 2/10/2014 . If Appellant does not file a response or otherwise fails to show good cause as directed, the court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). No hearing will be held on the order to show cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 1/29/2014. (ejdlc1S, COURT STAFF) (Filed on 1/29/2014) Modified text on 1/29/2014 (ecg, COURT STAFF).

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 10 CASE NO. 5:13-cv-04634 EJD IN RE SAN JOSE AIRPORT HOTEL, LLC dba HOLIDAY INN SAN JOSE, MOBEDASHI HOTEL GROUP, (Bankr. N.D. Cal. (San Jose) Case No. 0951045 SLJ) 12 ORDER TO SHOW CAUSE Debtor. 13 14 / MOHAMED POONJA, 15 Plaintiff(s), v. 16 17 SEVAK & SONS, L.P., et. al., 18 Defendant(s). / 19 20 Appellant Chandrakant Shah (“Appellant”) filed a Notice of Appeal from a decision of the 21 Bankruptcy Court on October 7, 2013, and chose to have the action transferred to this court for 22 appellate proceedings. See Docket Item Nos. 1, 2. To date, however, the District Court has not 23 received a copy of the record from the Bankruptcy Court. The court cannot proceed without such 24 record. 25 Accordingly, the court hereby issues an order to show cause requiring Appellant to 26 investigate the status of the record in this action. Such investigation should include, but is not 27 necessarily limited to, contact with the bankruptcy clerk in charge of forwarding the record from that 28 court to the District Court. Appellant may provide the bankruptcy clerk a copy of this Order to 1 CASE NO. 5:13-cv-04634 EJD ORDER TO SHOW CAUSE 1 2 Show Cause and may inform the bankruptcy clerk that the record has not been received. Appellant shall file a brief declaration in response to this Order to Show Cause detailing the 3 efforts made to secure the record and providing any other pertinent information on or before 4 February 10, 2013. If Appellant does not file a response or otherwise fails to show good cause as 5 directed, the court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 6 41(b). No hearing will be held on the order to show cause unless otherwise ordered by the court. 7 IT IS SO ORDERED. 8 9 Dated: January 29, 2014 EDWARD J. DAVILA United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 CASE NO. 5:13-cv-04634 EJD ORDER TO SHOW CAUSE

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