FAGO et al v. TWO ANCO DRIVE ASSOCIATES

Filing 7

MEMORANDUM OPINION & ORDER denying appellee's motion to dismiss appellants' appeal 5 . Signed by Judge Noel L. Hillman on 6/8/2015. (tf, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
PAUL JOSEPH FAGO and SUSAN
JEAN FAGO,
Appellants,

Civil No. 14-6482 (NLH)
MEMORANDUM OPINION & ORDER

v.
TWO ANCO DRIVE ASSOCIATES,
Appellee.

APPEARANCES:
NEIL I. STERNSTEIN
FIVE ABERDEEN PLACE
WOODBURY, NJ 08096
On behalf of appellants
WARREN S. WOLF
GOLDBERG & WOLF, LLC
1949 BERLIN ROAD, STE 201
CHERRY HILL, NJ 08003
On behalf of appellee
HILLMAN, District Judge
This matter having come before the Court on the motion of
appellee, Two Anco Drive Associates, to dismiss the appeal from
the bankruptcy court filed by appellants, Paul and Susan Fago;
and
On October 21, 2014, appellants having filed their notice
of appeal of the bankruptcy court’s September 15, 2014 Order,
which granted Two Anco Drive Associates’ administrative claim in
the amount of $24,413.00; and
On January 9, 2015, appellants having filed their brief in

support of their appeal; but
Appellee having moved to dismiss appellants’ appeal because
they failed to comply with the Bankruptcy Rules by failing to
submit a timely statement of issues and brief, both of which
should have been submitted within 14 and 30 days, respectively,
of their notice of appeal; 1 and
Appellee arguing that appellants’ appeal should be
dismissed because it has been prejudiced by the delay due to
appellants’ “sharp tactics”; but
Appellants’ counsel having filed a certification in
response to appellee’s motion, wherein counsel explains in great
detail the serious medical conditions he has been experiencing
since the filing of the appeal, including complications from a
stroke he suffered in July 2014 and a kidney transplant he
underwent on October 9, 2014; and
Counsel for appellants effectively asking the Court for an
extension of time, nunc pro tunc, to file appellants’ statement
and brief, see Fed. R. Bankr. P. 8018(a)(“ Time to Serve and File
a Brief. The following rules apply unless the district court or
BAP by order in a particular case excuses the filing of briefs
or specifies different time limits.”); and

1

Effective December 1, 2014, the Bankruptcy Rules of Procedure
were amended. The amendments do not substantively change the
basis of appellee’s motion.
2

The Court finding that good cause has been shown for the
delay in the filing of appellants’ statement and brief;
Accordingly,
IT IS on this 8TH day of

June

, 2015

ORDERED that appellee’s motion to dismiss appellants’
appeal [5] be, and same hereby is, DENIED; and it is further
ORDERED that the Court will consider the statement and
brief filed by appellants on January 9, 2015; and it is further
ORDERED that with regard to the filing of appellee’s
responsive brief and appellants’ reply, the parties shall follow
Fed. R. Bankr. P. 8018(a): appellee’s brief shall be filed
within 30 days of the date of this Order, “or within an extended
time authorized by the district court,” and appellants’ reply
shall be filed within 14 days after service of appellee’s brief,
“or within an extended time authorized by the district court.”

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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