In re: Evans
Filing
19
ORDER Denying 17 Motion to Dismiss and Extending Time for Merits Briefing. Appellee Brief due by 11/5/2012. Appellant Reply Brief due by 12/3/2012, by Judge John L. Kane on 10/24/12.(sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 12-cv-1596-AP
In re: PATRICIA EVANS
Debtor.
PATRICIA EVANS,
Appellant,
v.
THE BANK OF NEW YORK,
Appellee.
ORDER DENYING MOTION TO DISMISS AND EXTENDING
TIME FOR MERITS BRIEFING
Judge John L. Kane ORDERS
The Bank of New York’s Motion to Dismiss Debtor’s (pro se) Appeal as Untimely
(Doc. 17) is DENIED. While Ms. Evans’s notice of appeal filed after the order appealed
may not have been “effective” until after the bankruptcy court’s ruling on her motion for
its reconsideration, it is effective now and I decline to dismiss her appeal on the rather
hypertechnical grounds asserted.
The Bank’s request for a 10 day extension of time in which to file its Response on
the merits of Ms. Evans’s appeal is GRANTED, and the Response is due on or before
November 5, 2012. Ms. Evans shall have to December 3, 2012, to file her Reply.
Dated: October 24, 2012
s/John L. Kane
SENIOR U.S. DISTRICT JUDGE
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