Pajarillo v. SFR Investments Pool 1, LLC et al

Filing 8

ORDER Granting 3 Motion to Dismiss. IT IS FURTHER ORDERED that the appeal is DISMISSED for failure to prosecute, and the Clerk shall close the case. Signed by Judge Robert C. Jones on 4/17/2014. (Copies have been distributed pursuant to the NEF - cc: Bankruptcy Court - EDS)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
FIDEL H. PAJARILLO,
9
Debtor.
10
11

FIDEL H. PAJARILLO,

12
13
14
15

Appellant,
vs.
SFR INVESTMENTS POOL 1, LLC et al.,
Appellees.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:13-cv-01935-RCJ
Adv. No. 13-ap-1053-BAM
Bankr. No. 13-bk-12137-BAM
ORDER

16
17

Debtor–Appellant Fidel H. Pajarillo filed the present adversary proceeding to quiet title

18

real property in Las Vegas. Several Appellees moved to dismiss because the property had been

19

sold at an HOA foreclosure sale, such that Plaintiff could assert no further interest in the

20

property. The bankruptcy judge granted the motion after a hearing. Appellant appealed to the

21

Bankruptcy Appellate Panel (“BAP”), but one or more Appellees requested the present forum, so

22

the BAP transferred the appeal here. Appellant filed no opening brief by November 8, 2013, as

23

the BAP had ordered. Nor did he file an opening brief by December 7, 2013, in accordance with

24

the request for extension of time he improperly filed in the underlying bankruptcy case. Nor did

25

he file an opening brief by January 8, 2014, in accordance with the second request for extension

1

of time he again improperly filed in the underlying bankruptcy case. Appellees have moved to

2

dismiss the appeal. Appellant has not timely responded. The Court grants the motion for failure

3

to prosecute the appeal. See Local .R. Bankr. P. 8070(a).

4

CONCLUSION

5

IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 3) is GRANTED.

6

IT IS FURTHER ORDERED that the appeal is DISMISSED for failure to prosecute, and

7

the Clerk shall close the case.

8

IT IS SO ORDERED.

th
9 Dated this 17 day of April, 2014.
Dated this 27th day of March, 2014.

10
11

_____________________________________
ROBERT C. JONES
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 2 of 2