Gens v. Wells Fargo Bank, N.A.
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
United States District Court
Northern District of California
Case No. 17-cv-01001-BLF
B.R. Case No. 15-bk-53562-SLJ
WELLS FARGO BANK, N.A.,
ORDER TO SHOW CAUSE WHY
APPEAL SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE
Debtor-Appellant Laura Gens appeals the bankruptcy court’s order converting her Chapter
11 case to a Chapter 7 case. Notice of Appeal, ECF 1-1. Pursuant to a stipulated order entered by
the Court on June 7, 2017, Gens’ opening brief was due on August 7, 2017. The brief has not
been filed. “If an appellant fails to file a brief on time or within an extended time authorized by
the district court or BAP, an appellee may move to dismiss the appeal – or the district court or
BAP, after notice, may dismiss the appeal on its own motion.” Fed. R. Bankr. P. 8018(a)(4).
Accordingly, Gens is ORDERED TO SHOW CAUSE, in writing and on or before August
30, 2017, why this appeal should not be dismissed for failure to prosecute. Such brief shall not
exceed five pages. A SHOW CAUSE HEARING is scheduled for August 31, 2017 at 9:00 a.m.
IT IS SO ORDERED.
Dated: August 9, 2017
BETH LABSON FREEMAN
United States District Judge
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