Construction Materials Company et al v. Cedar Corners Management

Filing 19

MEMORANDUM DECISION AND ORDER denying 14 Appellee's Motion to Dismiss. Signed by Judge Jill N. Parrish on 7/11/23. (dle)

Case 2:23-cv-00209-JNP-CMR Document 19 Filed 07/11/23 PageID.74 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
CONSTRUCTION MATERIAL
COMPANTY, LLC; RALPH SMITH
COMPANY,
v.

MEMORANDUM DECISION AND
ORDER DENYING APPELLEE’S
MOTION TO DISMISS

Appellants,

Case No. 2:23-cv-00209-JNP-CMR

CEDAR CORNERS MANAGEMENT, LLC,
Appellee.

District Judge Jill N. Parrish
Magistrate Judge Cecilia M. Romero

Appellee Cedar Corners Management, LLC moved to dismiss this appeal pursuant to Rule
8018(a)(4) of the Federal Rules of Bankruptcy Procedure because Appellants Construction
Materials Company, LCC and Ralph Smith Company failed to file their appellate brief by the
appropriate deadline, which was May 31, 2023. ECF No. 14. Upon a finding that Appellee was
not prejudiced by delay and that Appellants did not act in bad faith, the court granted Appellants
an extension to file their brief until July 14, 2023 on June 23, 2023. ECF No. 17. Because
Appellants were granted an extension to file their brief, there is no longer any cause to dismiss this
appeal under Rule 8018(a)(4). Thus, the court DENIES Appellee’s motion to dismiss.

DATED July 11, 2023
BY THE COURT

______________________________
Jill N. Parrish
United States District Court Judge