Young et al v. Gonzales et al

Filing 9

ORDER TO SHOW CAUSE by Magistrate Judge Gregory J. Fouratt. Show Cause Response due by 1/26/2024. (am)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
THOMAS FRANCIS YOUNG, and
CONNIE ANGELINA YOUNG,
Appellants,
v.

Civ. No. 23-534 MV/GJF

YVETTE J. GONZALES, BK ENTERPRISES,
ALEX NETTY, DEUTSCHE BANK,
RICHARD FISKE, NAOMI FISKE,
Appellees.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court on the Bankruptcy Clerk’s Notice of Inability to
Transmit Record on Appeal, filed July 17, 2023. ECF 6. Appellants Thomas Young and Connie
Young filed this bankruptcy appeal on June 22, 2023. ECF 1. Pursuant to Fed. R. Bankr. P. 8009,
appellants must file a designation of the items to be included in the record and a statement of the
issues to be presented within 14 days after the notice of appeal becomes effective. Fed. R. Bankr.
P. 8009(a)(1)(A)-(B) (“The appellant must file with the bankruptcy clerk and serve on the appellee
a designation of the items to be included in the record on appeal and a statement of the issues to
be presented.”).
On June 27, 2023, Appellants filed documents entitled “Designation of Items to be
Included in the Record on Appeal” and “The designation of Record and statements” with the
Bankruptcy Clerk. ECFs 2–3. However, the Notice of Inability to Transmit Record on Appeal
indicates that, upon reviewing Appellants’ purported Designation of Record, “the Bankruptcy
Clerk was unable to identify the designated items listed in Appellants’ Designation.” ECF 6 at 1.
Accordingly, “[t]he Bankruptcy Clerk issued a Notice of Error that instructed the Appellants to

file an amended Designation and identify the designated documents by Document Name,
Document Number, and File Date.” Id.; see also ECF 6, Ex. B. The Bankruptcy Clerk further
advised that, as of July 17, 2023, “Appellants ha[d] failed to file an amended Designation of
Record,” and the Bankruptcy Clerk was therefore “unable to assemble and transmit the Record on
Appeal to the U.S. District Court.” ECF 6 at 1.
IT IS THEREFORE ORDERED that by January 26, 2024, Appellants shall submit the
designation of items to be included in the record on appeal and statement of the issues as required
by Fed. R. Bankr. P. 8009, or provide the Court with a written explanation showing good cause
why they have failed to do so. Failure to respond to this Order may result in the dismissal of this
bankruptcy appeal without further notice.
SO ORDERED.

_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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