Beare v. Coffey

Filing 6

ORDER that Appellant's opening brief shall be filed within 7 days hereof re 5 Response to Order to Show Cause filed by Pilar Ann Beare, 4 Order to Show Cause. Signed by Honorable Timothy D. DeGiusti on 4/14/2010. (mb, )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA IN RE: PILAR ANN BEARE, Debtor, PILAR ANN BEARE, Appellant, v. KEVIN M. COFFEY, Trustee, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. CIV-10-57-D (Bankruptcy No. 08-15480-WV) (Chapter 7)

ORDER This matter comes before the Court upon Appellant's Response to Show Cause Order [Doc. No. 5]. Appellant requests permission to make a late filing of her opening brief, which was due February 11, 2010, due to an unspecified docketing error by her counsel and his press of business. Appellant states that her request is unopposed and her brief is substantially ready to be filed. In the absence of any prejudice, lack of good faith, or inordinate delay, the Court finds that a late filing should be allowed. See Pioneer Inv. Serv. Co. v. Brunswick Assoc. Ltd. P'ship, 507 U.S. 380, 398 (1993). Therefore, Appellant's request will be granted. IT IS THEREFORE ORDERED that Appellant's opening brief shall be filed within seven days from the date of this Order. IT IS SO ORDERED this 14th day of April, 2010.