Gens v. Wells Fargo Bank, N.A.

Filing 38

ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Order to Show Cause Hearing set for 8/31/2017 09:00 AM. Show Cause Response due by 8/30/2017. Signed by Judge Beth Labson Freeman on 8/9/2017. (blflc1S, COURT STAFF) (Filed on 8/9/2017)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

LAURA GENS,
Debtor-Appellant,

8
9
10

United States District Court
Northern District of California

11

Case No. 17-cv-01001-BLF
B.R. Case No. 15-bk-53562-SLJ

v.
WELLS FARGO BANK, N.A.,
Appellee.

ORDER TO SHOW CAUSE WHY
APPEAL SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

12
13
14

Debtor-Appellant Laura Gens appeals the bankruptcy court’s order converting her Chapter

15

11 case to a Chapter 7 case. Notice of Appeal, ECF 1-1. Pursuant to a stipulated order entered by

16

the Court on June 7, 2017, Gens’ opening brief was due on August 7, 2017. The brief has not

17

been filed. “If an appellant fails to file a brief on time or within an extended time authorized by

18

the district court or BAP, an appellee may move to dismiss the appeal – or the district court or

19

BAP, after notice, may dismiss the appeal on its own motion.” Fed. R. Bankr. P. 8018(a)(4).

20

Accordingly, Gens is ORDERED TO SHOW CAUSE, in writing and on or before August

21

30, 2017, why this appeal should not be dismissed for failure to prosecute. Such brief shall not

22

exceed five pages. A SHOW CAUSE HEARING is scheduled for August 31, 2017 at 9:00 a.m.

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: August 9, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge