In re Booker Theodore Wade, Jr.

Filing 3

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 5/28/2015 at 1:30 PM. Show Cause Response due by 5/13/2015. Signed by Judge Lucy H. Koh on 04/23/2015. (lhklc4S, COURT STAFF) (Filed on 4/23/2015)

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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
Northern District of California

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In re BOOKER T. WADE, JR.,

Case No. 14-CV-05628-LHK
ORDER TO SHOW CAUSE WHY
APPEAL SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

Debtor.

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Booker T. Wade (“Appellant”) filed a notice of appeal under 28 U.S.C. § 158(a) and

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Federal Rule of Bankruptcy Procedure 8001(a) from an order of the Bankruptcy Court entered

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December 10, 2014, captioned, “Order Denying Emergency Motion to Compel Arbitration and

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Motion for Stay.” ECF No. 1. Appellant’s notice of appeal was timely filed on December 24,

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2014. Id. On December 24, 2014, the Clerk issued an order directing the parties to perfect the

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record pursuant to Federal Rule of Bankruptcy Procedure 8006 and 8007 before this appeal may

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proceed. ECF No. 2. Since that time, no action has been taken in this matter.

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The Court hereby orders Appellant to show cause why this case should not be dismissed

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for failure to prosecute. Appellant has until May 13, 2015, to file a response to this Order to Show

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Cause. A hearing on this Order to Show Cause is set for May 28, 2015, at 1:30 p.m. Appellant’s

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Case No.14-CV-05628-LHK
ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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failure to respond to this Order and to appear at the May 28, 2015 hearing will result in dismissal

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of this appeal for failure to prosecute.

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IT IS SO ORDERED.

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Dated: April 23, 2015
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No.14-CV-05628-LHK
ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE