Shah v. Poonja et al

Filing 21

ORDER GRANTING 20 MOTION FOR EXTENSION OF TIME TO FILE BRIEF. Signed by Judge Edward J. Davila on 8/16/2017. (ejdlc2S, COURT STAFF) (Filed on 8/16/2017)

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James A. Hennefer (SBN 59490)
HENNEFER, FINLEY & WOOD, LLP
425 California Street, 19th Floor
San Francisco, CA 94104-2296
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Special Counsel for
Plaintiff-Appellee
Mohamed Poonja

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IN THE UNITED STATES COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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In re:
SAN JOSE AIRPORT HOTEL, LLC, dba
HOLIDAY INN SAN JOSE,
MOBEDSHAHI HOTEL GROUP,

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Case No. CV 17-cv-0858 EJD
(U.S. Bankruptcy Court, N. Dist. Calif.
(San Jose) Case No. 09-51045-SLJ;
Jointly Administered with 09-51073-SLJ;
Adv. Pro. No. 11-05236)

______________________________________
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MOHAMED POONJA,

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Plaintiff-Appellee
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UNOPPOSED MOTION
FOR EXTENSION OF TIME
TO FILE APPELLEE’S REPLY
BRIEF; AND
[PROPOSED] ORDER

vs.
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CHANDRAKANT SHAH
Defendant-Appellant

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Plaintiff-Appellee Mohamed Poonja, by and through his counsel of record, hereby moves the Court
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for a 12 day extension of time, from August 18, 2017, to and including August 30, 2017, to file the
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appellee’s reply brief in this matter.
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__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE
APPELLEE’S REPLY BRIEF

Case No . CV

-1-

17 0858 EJD

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In support of this motion, James A. Hennefer declares as follows:

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I am counsel for Mohamed Poonja in this appeal. I was trial counsel in the underlying

3 adversary proceeding before the United States Bankruptcy Court and I am the sole counsel for Mr. Poonja
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2.

This appeal involves three prior proceedings and the records from those proceedings. It

6 involves primarily an adversary proceeding Poonja v. Sevak & Sons, LLP, et al., United States
7 Bankruptcy Court for the Northern District of California (San Jose Division) Adv. No. 11– 05236. There
8 are also two prior bankruptcy proceedings giving rise to the adversary proceeding, that were chapter 11
9 proceedings converted to chapter 7 proceedings: a) In re San Jose Airport Hotel, LLC, United States
10 Bankruptcy Court for the Northern District of California (San Jose Division), Case No. 09-51045-SLJ; and
11 b) In re Mobedshahi Hotel Group, United States Bankruptcy Court for the Northern District of California
12 (San Jose Division), Case No. 09-51073-SLJ. There are over four hundred docket entries in these
13 proceedings. Appellant designated 56 of these docket entries in its designation of the record (Doc. No.
14 4-1) consisting of hundreds of pages of materials. (Docs. Nos. 4-2 through 4-26)
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3.

Appellant’s opening brief was originally due on April 3, 2017. With the consent of

16 Appellee, Appellant moved for a 30-day extension of time to file his brief, to and including May 3, 2017.
17 (Doc. No. 8) The Court granted Appellant’s motion. (Doc. No. 9) Appellant filed his opening brief on
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4.

Appellee filed his opening brief on July 3, 2017 (Doc. No. 14) after being granted one

20 unopposed extension of 30 days.
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5.

Appellant sought and received two unopposed extensions to file his reply brief. This reply

22 brief was filed on August 4, 2017. (Doc. No. 19)
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6.

Appellee’s reply brief would be due on August 18, 2017. Appellee has not sought nor

24 received any extensions of time for this brief. Due to the extensions granted to Appellant, the schedule
25 for Appellee’s reply brief came into conflict with a several medical tests and examinations that had to be
26 scheduled months ago, within a 30 day window in advance of major surgery set for September 12, 2017.
27 These could not be rescheduled without postponing the surgery and they require my seeking additional
28 time for the reply brief.
__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE
APPELLEE’S REPLY BRIEF

Case No . CV

-2-

17 0858 EJD

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7.

I have contacted Dennis Riordan, counsel for Appellant, and he has agreed to the extension

2 for Appellee to file his reply brief, subject to the Court’s approval.
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I have exercised reasonable diligence in this matter and will file the reply brief on or before

4 the date requested, August 30, 2017, if this motion is granted.
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Sworn to under penalty of perjury and executed this 15th day of August, 2017 pursuant to the laws

6 of the United States of America and of the State of California, at San Francisco California.
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/s/ James A. Hennefer
James A. Hennefer

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For the foregoing reasons, it is respectfully requested that the Court grant Appellee a 12 day

11 extension of time to file Appellee’s reply brief, to and including August 30, 2017.
12 Dated: August 15, 2017
13 Respectfully submitted,

HENNEFER, FINLEY & WOOD, LLP

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By:
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/s/ James A. Hennefer
James A. Hennefer

Special Counsel for Mohamed Poonja,
Chapter 7 Trustee for San Jose Airport
Hotel, LLC, dba Holiday Inn San Jose, and
Mobedshahi Hotel Group

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__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE
APPELLEE’S REPLY BRIEF

Case No . CV

-3-

17 0858 EJD

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IN THE UNITED STATES COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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In re:
SAN JOSE AIRPORT HOTEL, LLC, dba
HOLIDAY INN SAN JOSE,
MOBEDSHAHI HOTEL GROUP,

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Case No. CV 17-cv-0858 EJD
(U.S. Bankruptcy Court, N. Dist. Calif.
(San Jose) Case No. 09-51045-SLJ
Jointly Administered with 09-51073-SLJ;
Adv. Pro. No. 11-05236)

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MOHAMED POONJA,

[PROPOSED] ORDER EXTENDING TIME
TO FILE APPELLEE’S OPENING BRIEF

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Plaintiff-Appellee
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vs.
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CHANDRAKANT SHAH
Defendant-Appellant

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Appellee having moved the Court and good cause appearing therefor,
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IT IS HEREBY ORDERED that the Plaintiff-Appellee Mohamed Poonja be permitted to file his opening
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brief in this appeal on or before August 30, 2017
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Dated: August ______, 2017

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_________________________________________
HONORABLE EDWARD J. DAVILA
United States District Court Judge

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__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE
APPELLEE’S REPLY BRIEF

Case No . CV

-4-

17 0858 EJD

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CERTIFICATE OF SERVICE

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I hereby certify that on August 15, 2017, I electronically filed the foregoing with the Clerk of the

3 Court for the United States District Court for the Northern District of California by using the CM/ECF
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Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.

6 A certificate of service for mailing as to all participants in the case who are not registered CM/ECF users
7 will be filed with the Clerk of the Court
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/s/ James A. Hennefer

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__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE
APPELLEE’S REPLY BRIEF

Case No . CV

-5-

17 0858 EJD