Hunter Hospitality LLC v. Wood et al

Filing 13

ORDER OF DISMISSAL by Judge James L. Robart. The court DISMISSES this appeal for failure to prosecute. See In re Donovan, 871 F.2d 807, 808-09 (9th Cir. 1989); Fed. R. Civ. P. 41(b). Because the court dismisses the appeal, the court DENIES Hunter Hospitality's motion (Dkt. # 11 ) as moot. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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In re:
HUNTER HOSPITALITY, LLC,

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Debtor.

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CASE NO. C16-1949JLR
Bankruptcy Case No.
15-17090TWD
Adversary Case No. 16-01244TWD

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ORDER OF DISMISSAL

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DIANNE H. WOOD, et al.,
Appellants,

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v.
HUNTER HOSPITALITY, LLC,

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Appellee.

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Appellants’ opening brief in this bankruptcy appeal was due no later than April 10,
2017 (Cert. (Dkt. # 9)), but Appellants failed to file their brief by that deadline (see Dkt.).
A week later, Appellee Hunter Hospitality, LLC, filed a motion to dismiss the bankruptcy

ORDER - 1

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appeal pursuant to Federal Rule of Appellate Procedure 31. (See Mot. (Dkt. # 11) at 2.)

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On April 19, 2017, the court ordered Appellants to show cause within seven days why the

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court should not dismiss the bankruptcy appeal for failure to prosecute. (4/19/17 (Dkt.

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# 12) at 1.) More than seven days have passed, and Appellants have not responded to the

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court’s order or otherwise filed anything on the docket. (See Dkt.) Accordingly, the

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court DISMISSES this appeal for failure to prosecute. See In re Donovan, 871 F.2d 807,

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808-09 (9th Cir. 1989); Fed. R. Civ. P. 41(b). Because the court dismisses the appeal, the

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court DENIES Hunter Hospitality’s motion (Dkt. # 11) as moot.

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Dated this 2nd day of May, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2