Hake v. Noble Opportunity Fund II, LP

Filing 6

ORDER DISMISSING APPEAL - It is ordered that Noble's Motion to Dismiss 5 is GRANTED and this Appeal is hereby DISMISSED. Signed by Judge Thomas M. Rose on 8-2-2017. (de)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
NATHANIEL WILLIAM HAKE,
Debtor/Appellant,
vs.
NOBLE OPPORTUNITY FUND,
II, LP,
Creditor/Appellee.

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Case No: 3:17-cv-00141
Judge Thomas M. Rose

ORDER DISMISSING APPEAL

This bankruptcy appeal is before the Court on the Motion To Dismiss (Doc. 3)
and Supplemental Memorandum in support of that Motion (Doc. 5) filed by the
Appellee Noble Opportunity Fund, II LP (“Noble”). Appellant Nathaniel William Hake
(“Appellant”) has not filed any response to the Motion to Dismiss and Supplemental
Memorandum, and the time for him to do so has expired. Accordingly, the Motion to
Dismiss is ripe for the Court’s review.
Upon review of the record in this case, the Court finds as follows:
1. On April 19, 2017, Judge Guy R. Humphrey of the United States Bankruptcy
Court For The Southern District of Ohio, Western Division at Dayton, dismissed the
Appellant's, Nathan William Hake, Chapter 12 filed as Case No. 17-31079 after a
hearing held in that Court on April 18, 2017. (Doc. 44 in Case No. 17-31079.)
2. On April 20, 2017, Appellant filed a pro se Notice of Appeal and Statement of
Election. (Doc. 49 in Case No. 17-31079.)

3. On May 8, 2017, Appellant filed his Statement of Issues on Appeal (Doc. 57 in
Case No. 17-31079) and Items To Be Included In the Record on Appeal. (Doc. 58 in Case
No. 17-31079.)
4. Appellant did not order a transcript of the aforementioned April 18, 2017
hearing; nor did Appellant file a copy of that order with the bankruptcy clerk as
required by Bankruptcy Appellate Rule 8009.
5. On May 19, 2017, Noble filed its Designation of Contents For Inclusion In The
Record of Appeal. (Doc. 60 in Case No. 17-31079.)
6. On June 9, 2017, the Bankruptcy Court Clerk filed a Certification of Record on
Appeal in this Court and this Court established the briefing schedule for this appeal
with the Appellant's Brief being due by June 23, 2017. (Doc. 2.)
7. On June 15, 2017, Noble filed a Motion To Dismiss this appeal for the reason
that the Appellant had failed to request the preparation of the transcript of the
aforementioned Bankruptcy Court hearing.
8. The Appellant has neither filed his brief; nor requested an extension of time in
which to do so.
9.

On July 3, 2017, Noble, with leave of this Court, filed a Supplemental

Memorandum in support of its Motion To Dismiss based on the Appellant's failure to
file his brief. (Doc. 5.)
10. The Appellant has failed to respond to Noble’s Motion. Nor has the
Appellant sought an extension of time in which to do so.

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Based on the foregoing factual findings, the Court concludes that the Appellant
has failed to prosecute his appeal in accordance with the United States Bankruptcy
Appellate Rules and the deadlines established by this Court.
IT IS THEREFORE ORDERED that Noble’s Motion to Dismiss (Doc. 5) is
GRANTED and this Appeal is hereby DISMISSED.
DONE and ORDERED in Dayton, Ohio, this Wednesday, August 2, 2017.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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