Moore et al v. Spadaro

Filing 3

ORDER TO SHOW CAUSE. If Appellants do not, by 8/25/2017, demonstrate good cause in writing why this appeal should not be dismissed, the court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b) and Federal Rules of Bankruptcy Procedure 8003(a)(2) and 8009(g). Signed by Judge Edward J. Davila on 8/14/2017. (ejdlc1S, COURT STAFF) (Filed on 8/14/2017) (Additional attachment(s) added on 8/14/2017: # 1 Certificate/Proof of Service) (ofr, COURT STAFF).

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 TERESA JEAN MOORE, et al., Case No. 5:17-cv-03760-EJD United States District Court Northern District of California Appellant(s), 12 ORDER TO SHOW CAUSE v. 13 14 JOHN NELSON SPADARO, et al., Appellee(s). 15 16 On June 29, 2017, the District Court Clerk docketed a Notice of Appeal filed by 17 Appellants Teresa Jean Moore and Jennifer Lauren Moore and assigned the matter to the 18 undersigned. A review of the Bankruptcy Court docket reveals, however, that Appellants have not 19 made requisite efforts to perfect this appeal despite the requirement that a designation of the items 20 to be included in the record and a statement of the issues to be presented be filed with the 21 Bankruptcy Court Clerk within 14 days of filing the notice of appeal. Fed. R. Bank. P. 8009(a). 22 Accordingly, the court hereby issues an order to show cause why this appeal should not be 23 dismissed for failure to prosecute. If Appellants do not, by August 25, 2017, demonstrate good 24 cause in writing why this appeal should not be dismissed, the court will dismiss the action with 25 prejudice pursuant to Federal Rule of Civil Procedure 41(b) and Federal Rules of Bankruptcy 26 Procedure 8003(a)(2) and 8009(g). In doing so, however, Appellants must submit proof of 27 compliance with Federal Rule of Bankruptcy Procedure 8009(a). 28 Case No.: 5:17-cv-03760-EJD ORDER TO SHOW CAUSE 1 1 No hearing will be held on the order to show cause unless otherwise ordered by the court. 2 3 4 IT IS SO ORDERED. Dated: August 14, 2017 ______________________________________ EDWARD J. DAVILA United States District Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 5:17-cv-03760-EJD ORDER TO SHOW CAUSE 2

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