Tyrell v. Bank of America, N.A.

Filing 15

ORDER DISMISSING APPEAL. Signed by JUDGE DERRICK K. WATSON on 8/11/2015. RE: 1 Bankruptcy Appeal filed by Losi Tyrell (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive elec tronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI`I

In Re:

CV 15-00157 DKW-BMK

LOSI TYRELL,

Bankruptcy Case No. 14-00205
Adversary Proceeding No. 14-90042
Debtor,

________________________________

ORDER DISMISSING APPEAL

LOSI TYRELL,
Plaintiff,
vs.
BANK OF AMERICA, N.A.,
Defendant.

ORDER DISMISSING APPEAL
On March 31, 2015, Debtor-Appellant Losi Tyrell filed a Notice of Appeal
from Bankruptcy Court, which was transferred from the Bankruptcy Appellate Panel
to this district court on May 1, 2015. At a June 5, 2015 status conference, the
magistrate judge issued a court-ordered briefing schedule and set oral argument for
September 25, 2015. See Dkt. No. 13. When Tyrell did not file an opening brief
by the July 13, 2015 deadline, the Court entered an Order to Show Cause why this

appeal should not be dismissed for failure to prosecute and failure to comply with a
court order. See Dkt. No. 14. The July 28, 2015 Order To Show Cause directed
Tyrell to file a response by August 7, 2015, and specifically cautioned Tyrell that
failure to respond to the Order to Show Cause would result in the dismissal of this
appeal. As of the date of this order, Tyrell has neither filed an opening brief nor
responded to the Court’s July 28, 2015 Order to Show Cause. Because Tyrell has
failed to comply with the Court’s order, this appeal is dismissed without prejudice.
The Court previously informed Tyrell that, “[w]hen an appellant fails to file
an opening brief timely, or otherwise fails to comply with rules or orders regarding
processing the appeal, the BAP Clerk, after notice, may enter an order dismissing the
appeal.” BAP LR 8070-1; cf. Ninth Circuit Rule 42-1 (“When an appellant fails to
file a timely record, pay the docket fee, file a timely brief, or otherwise comply with
rules requiring processing the appeal for hearing, an order may be entered by the
clerk dismissing the appeal[.]”). The Federal Rules of Bankruptcy Procedure are
clear: “If an appellant fails to file a brief on time or within an extended time
authorized by the district court or BAP, an appellee may move to dismiss the
appeal--or the district court or BAP, after notice, may dismiss the appeal on its own
motion.” Fed.R.Bankr.P. 8018(a)(4); see also In re Pulliam, 2015 WL 3889448,

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at *3 (C.D. Cal. June 23, 2015) (affirming dismissal of bankruptcy appeal where
appellant did not file opening brief as ordered).
Tyrell has made no attempt to comply with the rules governing bankruptcy
appeals, the district court’s June 5, 2015 scheduling order or the July 28, 2015 Order
to Show Cause. Moreover, Tyrell has made no showing of excusable neglect or
other justification for failing to comply with the Court’s specific directives in this
matter. Accordingly, this appeal is hereby DISMISSED.
IT IS SO ORDERED.
DATED: August 11, 2015 at Honolulu, Hawai’i.

---------------------------------------------------------------------------------------------------In Re: Debtor Losi Tyrell/Losi Tyrell v. Bank of America, N.A.,
Civil No. 15-00157 DKW-BMK; Bankruptcy Case No. 14-00205
Adversary Proceeding No. 14-90042
ORDER DISMISSING APPEAL

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