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)

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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

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