Shetty v. Rincon

Filing 14

ORDER TO SHOW CAUSE Order to Show Cause Hearing as to Bank of New York Mellon Set for 12/21/2017 01:30 PM. Show Cause Response due by 12/15/2017.. Signed by Judge Lucy H. Koh on 12/4/2017. (lhklc1S, COURT STAFF) (Filed on 12/4/2017)

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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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SHETTY,

Case No. 17-CV-01464-LHK
Appellant,

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v.

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ORDER DIRECTING BANK OF NEW
YORK MELLON TO SHOW CAUSE
WHY REQUESTED RELIEF SHOULD
NOT BE GRANTED

RINCON,

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Re: Dkt. No. 11

Appellee.

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On March 17, 2017, Appellant Niki-Alexander Shetty filed a notice of appeal of a

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bankruptcy court order granting relief from an automatic stay. ECF No. 1. Appellant identified

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two parties to the order appealed: The Bank of New York Mellon (BNYM) and Jose Rincon. ECF

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No. 1-1 at 2. Appellant provided contact information for BNYM’s attorney and served by mail a

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copy of the notice of appeal to BNYM’s attorney’s address. Id. at 2, 7.

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On July 20, 2017, the Clerk issued a notice of briefing setting a briefing schedule for the

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appeal. ECF No. 7. The Clerk mailed a copy of the notice of briefing to Appellee Jose Rincon,

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appearing pro se. ECF No. 7-1. BNYM had not yet appeared in the appeal or registered as a

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participant on ECF, and the Clerk did not mail BNYM a copy of the notice of briefing. Id.

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Case No. 17-CV-01464-LHK
ORDER DIRECTING BANK OF NEW YORK MELLON TO SHOW CAUSE WHY REQUESTED RELIEF
SHOULD NOT BE GRANTED

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On September 19, 2017, Appellant filed an application to augment the record on appeal

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and attached the portion of the transcript of the bankruptcy proceeding that he claimed was

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missing from the record previously lodged with the Court. ECF No. 9. The Court ordered that the

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transcript be considered a part of the record on appeal. ECF No. 11.

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The Court also set the following briefing schedule: Appellant’s principal brief was due by

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October 19, 2017. Appellee’s response brief was due by November 20, 2017. Appellant’s reply

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brief was due by December 4, 2017. Id. The Clerk mailed a copy of the Court’s September 19,

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2017 order to Appellee Rincon but not to BNYM, which still had not appeared. ECF No. 11-2.

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Appellant filed his opening brief on October 20, 2017. ECF No. 12. Appellant mailed a
copy of his opening brief and the record on appeal to BNYM’s attorney on October 19, 2017. Id.

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United States District Court
Northern District of California

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at 30. It is now December 4, and BNYM has still failed to appear or to file a response brief. The

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Court hereby ORDERS BNYM to show cause why the relief requested in this appeal should not

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be granted. BNYM has until December 15, 2017, to file a written response to this Order to Show

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Cause. A hearing on this Order to Show Cause is hereby set for December 21, 2017, at 1:30 p.m.

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Appellee’s failure to respond to this Order will result in the Court’s evaluation of the

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appeal without a response from BNYM.

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IT IS SO ORDERED.

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Dated: December 4, 2017
______________________________________
LUCY H. KOH
United States District Judge

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Case No. 17-CV-01464-LHK
ORDER DIRECTING BANK OF NEW YORK MELLON TO SHOW CAUSE WHY REQUESTED RELIEF
SHOULD NOT BE GRANTED