Biltmore Investments, LTD. v. TD Bank, N.A.

Filing 14

ORDER that the Clerk of Court place this matter on the Asheville calendar for a status conference. Signed by District Judge Max O. Cogburn, Jr on 4/14/2016. (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:15-cv-00194-MOC
BILTMORE INVESTMENTS, LTD. ,

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Appellant,
Vs.
TD BANK, N.A.,
Appellee.

ORDER

THIS MATTER is before the court on the court’s own Motion to schedule this matter
for a status conference. This bankruptcy appeal was filed in September 2015. On January 12,
2016, the court granted Appellant’s Motion to extend the briefing schedule in this matter and
allowed Appellant an additional sixty (60) days to file its brief, making the deadline March 25,
2016. See (#13). Appellant failed to file a brief within the time allowed. The court conferred with
all counsel of record on April 4, 2016 about the missed briefing deadline, and requested that the
parties provide the court with information as to the status of this case and an explanation as to the
missed deadline. Another week has passed since that communication between the court and
counsel. Counsel has failed to provide the court with any additional information or explanation
and has still failed to file a brief or request any relief from the court. As such, the court will
calendar this matter for a hearing and require all counsel to appear, inform the court as to the
status of this case, and explain the failure to follow the directives of the court.

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ORDER
IT IS, THEREFORE, ORDERED that the Clerk of Court place this matter on the
Asheville calendar for a status conference.

Signed: April 14, 2016

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