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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?