Shetty v. Rincon
Filing
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ORDER TO SHOW CAUSE AND ORDER DIRECTING APPELLANT TO SERVE OPENING BRIEF ON APPELLEE RINCON Order to Show Cause as to Appellee Rincon Hearing set for 12/21/2017 01:30 PM. Show Cause Response due by 12/15/2017.. Signed by Judge Lucy H. Koh on 12/4/17. (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 APPELLEE
RINCON TO SHOW CAUSE WHY
REQUESTED RELIEF SHOULD NOT
BE GRANTED AND DIRECTING
APPELLANT TO SERVE OPENING
BRIEF ON APPELLEE RINCON
RINCON,
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Appellee.
Re: Dkt. No. 11
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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. ECF No. 1. Appellant appears to have served a copy of his notice of
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appeal on The Bank of New York Mellon, but not on Appellee Jose Rincon. On April 11, 2017,
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the bankruptcy record was lodged with the Court. ECF No. 4. On July 7, 2017, the clerk of the
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United States Bankruptcy Court certified that the record on appeal is complete. ECF No. 5. On
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July 10, 2017, Appellant filed a notice in which he claimed that “the transcript designated by the
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appellant on appeal has not yet been transmitted or filed in the United States District court and
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thus the appellate record remains incomplete.” ECF No. 6. On July 20, 2017, the Clerk issued a
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Case No. 17-CV-01464-LHK
ORDER DIRECTING APPELLEE RINCON TO SHOW CAUSE WHY REQUESTED RELIEF SHOULD NOT BE
GRANTED AND DIRECTING APPELLANT TO SERVE OPENING BRIEF ON APPELLEE RINCON
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notice of briefing setting a briefing schedule for the appeal. ECF No. 7. The Clerk mailed a copy
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of the notice of briefing to Appellee Jose Rincon. ECF No. 7-1.
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.
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. ECF No. 11-2.
United States District Court
Northern District of California
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Appellant filed his opening brief on October 20, 2017. ECF No. 12. Appellant served a
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copy of his opening brief on BNYM, but not on Appellee Rincon. To the extent that Appellant
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intends to maintain this appeal against Appellee Rincon, Appellant is HEREBY ORDERED to
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serve a copy of his opening brief on Appellee Rincon and to file a certificate of service by
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December 7, 2017.
It is now December 4, and Appellee Rincon has failed to file a response brief, perhaps
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because he does not appear to have received a copy of Appellant’s opening brief. The Court
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hereby ORDERS Appellee Rincon to show cause why the relief requested in this appeal should
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not be granted. Appellee has until December 15, 2017, to file a written response to this Order to
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Show Cause. A hearing on this Order to Show Cause is hereby set for December 21, 2017, at 1:30
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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 Appellee.
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IT IS SO ORDERED.
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Dated: December 4, 2017
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Case No. 17-CV-01464-LHK
ORDER DIRECTING APPELLEE RINCON TO SHOW CAUSE WHY REQUESTED RELIEF SHOULD NOT BE
GRANTED AND DIRECTING APPELLANT TO SERVE OPENING BRIEF ON APPELLEE RINCON
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______________________________________
LUCY H. KOH
United States District Judge
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United States District Court
Northern District of California
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Case No. 17-CV-01464-LHK
ORDER DIRECTING APPELLEE RINCON TO SHOW CAUSE WHY REQUESTED RELIEF SHOULD NOT BE
GRANTED AND DIRECTING APPELLANT TO SERVE OPENING BRIEF ON APPELLEE RINCON
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