Marinkovic Bauman v. Unknown

Filing 21

ORDER DISMISSING APPEAL. On 10/30/2014, Court ordered Appellant to show cause by 11/14/2014 why this appeal should not be dismissed, Appellant failed to do so. Court dismisses the bankruptcy appeal. Court orders this matter dismissed. Signed by Judge Cynthia Bashant on 11/20/2014. (All non-registered users served via U.S. Mail Service) (jah)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JORDANA MARINKOVIC
BAUMAN,

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Appellant,

Case No. 14-cv-408-BAS (DHB)
Bankr. Case No. 11-11223-PB13
ORDER DISMISSING APPEAL

v.
THOMAS BILLINGSLEA,
Appellee.

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Before the Court is Appellant-Debtor Jordana Marinkovic Bauman’s appeal

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of the dismissal of her Chapter 13 bankruptcy proceeding. ECF 1. United States

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District Court Judge Bencivengo was assigned the case and set the deadline for

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Appellant’s brief for July 18, 2014. ECF 9. After this appeal was transferred to this

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Court on May 13, 2014, the Court reset the same deadline for Appellant’s brief.

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ECF 13. Currently, Appellant’s brief is overdue by more than three months.

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On September 9, 2014, Appellant submitted a notice informing the Court of

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a stroke. Appellant’s Update, ECF 17. In that notice, she stated she “did ask to

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have any responsibilities in this matter continued for six months, in order to allow

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sufficient recovery and sufficient accommodations due to the disabilities created
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14-cv-408

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by the stroke.” Update 2:4–6. However the Court has not received any motions or

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ex parte applications requesting an enlargement of time to file the briefing.

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Appellants appealing a bankruptcy court decision must “follow the same

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rules of procedure that govern other litigants.” Nielsen v. Price, 17 F.3d 1276 (10th

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Cir. 1994) (quoting Green v. Dorrell, 969 F.2d 915, 917 (10th Cir. 1992)). It is

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failure to prosecute if the appellant does not submit briefing within the time

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designated by the district court and is grounds for dismissal of the appeal. Nielsen,

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17 F.3d at 1276 (citing Bankr.R. 8009(a)).

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This Court issued a Show Cause Order on October 30, 2014. ECF 20. The

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Court ordered Bauman to show cause why this appeal should not be dismissed, on

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or before November 14, 2014. Bauman failed to do so. The Court therefore has no

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basis to excuse her neglect in prosecuting this case. See Pincay v. Andrews, 389

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F.3d 853, 855 (9th Cir. 2004).

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Accordingly, the Court dismisses this appeal. The Court ORDERS this
matter DISMISSED.
IT IS SO ORDERED.
DATED: November 20, 2014

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14-cv-408