Shetty v. Rincon

Filing 15

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