Booker T. Wade, Jr. v. Office of the U.S. Trustee/SJ

Filing 5

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 1/8/2015 01:30 PM. Show Cause Response due by 12/31/2014.. Signed by Judge Lucy Koh on 12/10/2014. (lhklc2S, COURT STAFF) (Filed on 12/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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In re BOOKER T. WADE, JR.,
Debtor.

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Case No.: 14-CV-02795-LHK
ORDER TO SHOW CAUSE WHY
APPEAL SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE

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Booker T. Wade (“Appellant”) filed a notice of appeal under 28 U.S.C. § 158(a) and
Federal Rule of Bankruptcy Procedure 8001(a) from an order of the Bankruptcy Court entered June
11, 2014 captioned, “Order Denying Motion to Compel Custodian to Turnover Property of the
Estate.” ECF No. 1. Appellant’s notice of appeal was timely filed on June 17, 2014. Id. Appellant
also filed a designation of the record and statement of the issues pursuant to Rule of Bankruptcy
Procedure 8006. Id. Also on June 17, 2014, the Clerk issued an order instructing the parties to
perfect the record on appeal pursuant to Rules of Bankruptcy Procedure 8006 and 8007, and setting
deadlines for the parties to file opening, opposition, and reply briefs. ECF No. 2. On July 8, 2014,
Appellant filed an emergency ex parte motion for a temporary restraining order. ECF No. 3. The
Court denied Appellant’s ex parte motion on July 10, 2014. ECF No. 4. Since July 10, 2014, no
action has been taken in this matter.
The Court hereby orders Appellant to show cause why this case should not be dismissed for
failure to prosecute. Appellant has until December 31, 2014 to file a response to this Order to Show
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Case No.: 14-cv-02795-LHK
ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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Cause. A hearing on this Order to Show Cause is set for January 8, 2015 at 1:30 P.M.

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Appellant’s failure to respond to this Order and to appear at the January 8, 2015 hearing will result

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in dismissal of this appeal for failure to prosecute.

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IT IS SO ORDERED.

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Dated: December 10, 2014

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 14-cv-02795-LHK
ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE