Jordy et al v. Consumer Auto Finance and Ezpay

Filing 7

ORDER DISMISSING this bankruptcy appeal due to the appellants' failure to comply with three prior orders directing them to timely file their appellate brief. Signed by District Judge R Leon Jordan on April 11, 2011. (mailed to pro se appellants) (AYB)

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF TENNESSEE
GREENEVILLE DIVISION

IN RE:
DONNY L. JORDY
and ELISSICA L. JORDY,
Debtors.
_______________________________
DONNY L. JORDY,
and ELISSICA L. JORDY,
Plaintiffs/Appellants,
v.
CONSUMER AUTO FINANCE
AND EZPAY,
Defendant/Appellee.

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No. 2:11-CV-022

ORDER
The appellants have not served and filed their brief as required by Fed. R.
Bankr. P. 8009 and by order of the court [doc. 2]. By order dated March 10, 2011 [doc. 3],
the appellants were again ordered to file their brief. The court cautioned the appellants that
their appeal could be dismissed for failure to prosecute if the brief was not filed by March
25, 2011. That deadline passed without response.
By order dated March 28, 2011 [doc. 5], the court again ordered the appellants
to file their brief, no later than April 8, 2011. That order made clear to the appellants that the
failure to file their brief by April 8 would result in the immediate dismissal of their appeal

for failure to prosecute. The April 8 deadline has now passed without response.
It is noted that the docket sheet contains two addresses for the appellants. The
court’s mailings to one of these addresses (East Stone Drive) have been returned as
undeliverable [docs. 4, 6]. However, the court’s mailings to the other address (Larry Neil
Way) have not been returned, and that is the address provided by both appellants on their
notice of appeal [doc. 1, ex. 31, p.2]. It is therefore presumed that all of the court’s prior
orders have been received by both appellants.
Due to the appellants’ failure to comply with three prior orders directing them
to timely file their appellate brief, this bankruptcy appeal is DISMISSED for failure to
prosecute.
IT IS SO ORDERED:
ENTER:
s/ Leon Jordan
United States District Judge

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