Commonwealth Land Title Insurance Company v. R & S St. Rose, LLC et al

Filing 4

ORDER that the 1 Bankruptcy Appeal is Dismissed with prejudice. The Clerk shall close the case. Signed by Judge James C. Mahan on 4/28/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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In re:

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R & S ST. ROSE, LLC,

BK-S-11-14974—mkn
Appeal 14-51
Chapter 11

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Debtor
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
Appellant(s),

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Case No. 2:14-CV-1399 JCM

v.
R & S ST. ROSE, LLC,
Appellee (s).

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Presently before the court is the bankruptcy appeal of Commonwealth Land Title Insurance
Company v. R&S St. Rose, LLC, et al., case number 2:14-cv-01399-JCM.

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The notice of appeal was filed in this case on August 27, 2014. (Doc. # 1). On August 28,

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2014, the court ordered that the designation of reporters and recorders transcripts should be filed

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with the clerk of bankruptcy court so the certificate of record on appeal could be timely transmitted

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to the district court. (Doc. # 2).

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As of April 14, 2015, the court had not received the certificate of bankruptcy record on

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appeal. Therefore, the court ordered appellant to file its designation of record and statement of the

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issues with the clerk of the bankruptcy court by April 21, 2015. The court further ordered appellant

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to file documentation with this court demonstrating compliance and addressing the status of the

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James C. Mahan
U.S. District Judge

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record on appeal, by the same date. The court noted that failure to comply with the order would

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result in dismissal of the instant appeal with prejudice. (Doc. # 3).

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The deadline to comply with the court’s order has now passed. Appellant has not complied

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with the court’s order and still fails to follow the applicable rules. As a result, this appeal will be

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dismissed with prejudice. See Fed. R. Civ. P. 41(b); Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir.

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1995) (holding that district court did not err in dismissing complaint for failure to comply with

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local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992); In re Ball, No. CV-05-4015-

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PHX-DGC, 2006 WL 1328799, at *1 (D. Ariz. May 12, 2006) (warning appellant that failure to

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prosecute bankruptcy appeal or comply with rules and court order may result in dismissal with

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prejudice); see also D. Nev. R. 8070 (providing that an appeal may be dismissed for

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nonprosecution, by the court on its own motion after notice to the parties, when an appellant fails

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to comply with applicable rules or timely file the excerpts and designation of record).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the bankruptcy appeal

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of Commonwealth Land Title Insurance Company v. R&S St. Rose, LLC, et al., case number 2:14-

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cv-01399-JCM, be, and the same hereby is, DISMISSED with prejudice.

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The clerk shall close the case.

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DATED April 28, 2015.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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