Mueller v. Bank One, N.A. et al

Filing 35

ORDER reopening case. Appellees have until 11/9/09 to file their brief in opposition; appellant has until 11/16/09 to file her reply. Signed by Chief Judge Barbara B. Crabb on 10/26/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------In re the Bankruptcy of L IN D A MUELLER, D e b to r . ----------------------

L IN D A MUELLER, ORDER Appellant, 0 9 - cv -1 3 7 - b b c v. B A N K ONE, N.A. and W IL L IA M A. CHATTERTON, C H A PT E R 13 TRUSTEE, A p p e l le e s . --------------------------------------------In an October 23, 2009 order, I dismissed debtor/appellant Linda Mueller's appeal in bankruptcy case number 03-17144-rdm-13 because she failed to file her brief in support of her appeal by the October 21, 2009 deadline set by the court. In that order I stated that app ellan t "failed to file an initial brief in support of her appeal . . . [a]t this point, I consider

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that she has abandoned the appeal and will dismiss it." However, appellant has filed a brief, po stm arked October 21, 2009, that clearly indicates that she does not wish to abandon her appeal. Therefore, I will reopen the case and set a new briefing schedule on the appeal. A p pellees will have until November 9, 2009 to file their brief in opposition, and appellant w ill have until November 16, 2009 to file her brief in reply.

ORDER IT IS ORDERED that this case is REOPENED. Appellees will have until November 9 , 2009 to file their brief in opposition, and appellant will have until November 16, 2009 to file her brief in reply. Entered this 26t h day of October, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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