Cao et al v. Jone et al

Filing 9

MEMORANDUM AND ORDER, the Court hereby dismisses this appeal and denies the 8 pending motion for Extension of Time to File as moot (see Order for full details). Ordered by Judge I. Leo Glasser on 8/27/2018. (Layne, Monique)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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In re:

Chapter 7
ASIAN EXPANDERE, INC.,

CASE NO. 14-42243 (ESS)
Debtor.

ZHAN W. CAO and J.C. INVESTOR, LLC,

Appellants,

MEMORANDUM & ORDER
17.CV-7407

- against -

LORI LAPIN JONES and PROVIDENCE

RIDGE ASSOCIATES, LP,

Appellees.
X

GLASSER, Senior United States District Judge:

Zhan W. Cao and J.C. Investor, LLC ("Appellants") initiated the above-captioned
bankruptcy appeal on December 15, 2017. They appeal from the bankruptcy court's November
14,2017 order denying their motion for an extension of time to respond to the oppositions to their
application for an emergency order to show cause. Appellants have already applied for and

received two extensions of time to file their brief in this appeal, and currently pending before the
Court is their motion for a third such extension. That pending motion will now be denied as moot.
For the reasons enumerated below, this appeal is dismissed in its entirety.

Firsiy the appeal was untimely. Under Rule 8002 of the Federal Rules of Bankruptcy
Procedure, "a notice of appeal must be filed with the bankruptcy clerk within 14 days after entry
ofthe judgment, order, or decree being appealed." Fed. R. Bankr. P. 8002(a)(1). Here, Appellants

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