Ball v. Kearney

Filing 2

ORDER SETTING BRIEFING SCHEDULE FOR BANKRUPTCY APPEAL: The attached Order delineates a briefing schedule (with deadlines and page limits) for this bankruptcy appeal. See Order for details. (Appellant's Brief due by 5/9/2013; Appellee's Brief due by 6/6/13; Appellant's Reply Brief due by 6/20/2013.) Signed by Judge Michael J. Reagan on 4/11/13. (soh )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DENNIS ANDREW BALL,
Appellant,
vs.
BOB G. KEARNEY,
Bankruptcy Trustee,
Appellee.

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Case No. 13-cv-0349-MJR

ORDER SETTING BRIEFING SCHEDULE
REAGAN, District Judge:
United States District Courts enjoy subject matter jurisdiction to hear appeals
from the final judgments, orders and decrees of United States Bankruptcy Judges under
28 U.S.C. 158(a).

On April 10, 2013, Dennis Andrew Ball filed a notice in this District

Court, appealing a March 4, 2013 Order issued by the Honorable Laura K. Grandy,
Chief Judge, United States Bankruptcy Court for the Southern District of Illinois. 1
Federal Rule of Bankruptcy Procedure 8009 sets forth a schedule for the filing of
briefs in bankruptcy appeals and acknowledges that the District Court may specify a

The Bankruptcy Appeal Information Sheet lists March 4, 2013 as the
“Date of Judgment or Order Appealed” (Doc. 1-1, p. 1). Documents filed with
the appeal indicate that Judge Grandy orally granted the Trustee’s dismissal
motion and denied as moot several motions filed by Debtor Ball at a hearing on
March 4, 2013; the minutes were dated and entered March 4, 2013; but the
written Order reflecting those rulings was entered March 5, 2013 (Doc. 1-2, p. 3).
Ball sought to take a direct appeal from Bankruptcy Court to the United States
Court of Appeals for the Seventh Circuit. The Bankruptcy Court refused to
certify a direct appeal under 28 U.S.C. 158(d)(2) (see Doc 1-9).
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different time limit or schedule. The undersigned District Judge hereby DIRECTS as
follows:
Appellant’s Brief (no longer than 25 pages) shall be filed by May 9, 2013;
Appellee’s Brief (no longer than 25 pages) shall be filed by June 6, 2013;
Appellant may file a reply brief (no longer than 5 pages) by June 20, 2013.
The briefs should comply with Bankruptcy Rule 8010(a) as to their form and content.
IT IS SO ORDERED.
APRIL 11, 2013.
s/ Michael J. Reagan
Michael J. Reagan
United States District Judge

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