In re James Widtfeldt et al

Filing 16

MEMORANDUM AND ORDER - The defendant's appeal, Filing No. 15 is granted. Defendant's appeal is deemed filed on July 12, 2011. Ordered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IN RE:

)
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GARY M. & JOYCE BURIVAL,
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RICHARD BURIVAL & PHILLIP
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BURIVAL, d/b/a BURIVAL BROTHERS, )
a Partnership,
)
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Debtors.
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_______________________________ )
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RICK D. LANGE, Chapter 11, Trustee, )
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Plaintiff/Appellee,
)
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vs.
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JAMES WIDTFELDT,
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Defendant/Appellant
)

8:10CV298
BK07-42271
A10-4008

MEMORANDUM AND ORDER

This matter is before the court on defendant/appellant James Widtfeldt’s motion to
allow additional days to file his appeal to the Eighth Circuit. Filing No. 15. This court filed
its Memorandum and Order on June 8, 2011. Filing No. 9. On July 12, 2011, defendant
filed his notice of appeal. Filing No. 11. The case was forwarded to the Eighth Circuit
Court of Appeals for processing. Filing No. 13. Thereafter, on July 28, 2011, defendant
filed a motion to allow any additional days for appeal. Filing No. 15. The motion was
forwarded to the Eighth Circuit. The Eighth Circuit Clerk’s office has asked this court to
rule on the motion.
The court has carefully reviewed the request for the additional days. The court finds
the motion should be granted. In accordance with Fed. R. App. P. 4(5), the court finds the
request was made within 30 days of the prescribed time and, accordingly, the motion will
be granted.

THEREFORE, IT IS ORDERED that defendant’s appeal, Filing No. 15, is granted.
Defendant’s appeal is deemed filed on July 12, 2011.
DATED this 16th day of December, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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the District of Nebraska does not endorse, recom m end, approve, or guarantee any third parties or the services
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the opinion of the court.
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