In re: Spenlinhauer et al

Filing 22

Judge F. Dennis Saylor, IV: ORDER entered granting 21 Appellee's Emergency Motion to Strike. Formal scheduling order and hearing notice to follow. (Stearns, Ian)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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In re ROBERT J. SPENLINHAUER,
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individually and as trustee and
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beneficiary of RJS REALTY TRUST,
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C.C. CANAL REALTY TRUST, and
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CLASSIC AUTO REALTY TRUST,
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Debtor.
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_____________________________________)
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ROBERT J. SPENLINHAUER,
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Appellant,
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v.
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WILLIAM K. HARRINGTON,
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United States Trustee for Region 1
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Appellee.
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_____________________________________)

Chapter 11
13-17191-JNF

Bankruptcy Appeal No.
15-14223-FDS

ORDER ON APPELLEE’S MOTION TO STRIKE
SAYLOR, J.
This is an appeal from an order of the United States Bankruptcy Court for the District of
Massachusetts. Debtor-appellant Robert Spenlinhauer has appealed the Bankruptcy Court’s
decision to appoint William K. Harrington as a Chapter 11 Trustee.
On June 14, 2016, Spenlinhauer filed his opening brief. The brief does not cite to the
bankruptcy record, nor is it accompanied by an appendix containing relevant excerpts of the
record. Appellee has moved to strike Spenlinhauer’s opening brief for failure to comply with
Fed. R. Bankr. P. 8014 and 8018. In accordance with Fed. R. Bankr. P. 8013, appellee requested
expedited review of his motion.

Under Fed. R. Bankr. P. 8018(b)(1), “the appellant must serve and file with [his]
principal brief excerpts of the record as an appendix . . . .” That rule also specifies what the
appendix must contain, and subsection (c) explains the appropriate format. Fed. R. Bankr. P.
8018(c). Rule 8014, which governs parties’ briefs, requires that an appellant’s argument section
“contain . . . citations to the authorities and parts of the record on which the appellant relies.”
Fed. R. Bankr. P. 8014(a)(8).
Spenlinhauer’s opening brief does not cite to the bankruptcy record, nor is it
accompanied by an appendix that contains relevant parts of the record. Accordingly, appellee’s
emergency motion to strike Spenlinhauer’s opening brief is GRANTED.
It is hereby ORDERED that appellant Robert Spenlinhauer file an amended opening brief
and appendix that complies with all federal and local rules by June 27, 2016. In accordance with
Fed. R. Bankr. P. 8018, appellee shall file his opposition brief within thirty days after receiving
service of appellant’s amended opening brief, or by July 27, 2016. Appellant shall file any reply
brief by August 10, 2016. A formal scheduling order and hearing notice will follow.

So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: June 16, 2016

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