In re Kenneth Kain
| Kenneth Kain |
| Joyce Essex Harvey, Randall D. Naiman and Bank of New York Mellon |
| 2:2018cv08024 |
| September 14, 2018 |
| US District Court for the Central District of California |
| David O Carter |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 24
MINUTE ORDER (IN CHAMBERS) by Judge David O. Carter: Appellant has failed to adequately respond to the Order or provide the Court with a transcript or necessary documents to adjudicate this appeal. Accordingly, the Court ORDERS that this case be DISMISSED WITHOUT PREJUDICE for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). The Clerk shall serve this minute order on the parties. (Made JS-6. Case Terminated.) (yl)
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| Filing 23 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice Re: Bankruptcy Record Complete (CV-8) #22 The incorrect event was used. This document is NOT a Notice Re Bankruptcy Record Complete. (yl) |
| Filing 22 [ISSUED IN ERROR SEE DKT. #23] NOTICE RE: BANKRUPTCY RECORD COMPLETE. Please note, pursuant to Federal Rule of Bankruptcy Procedure 8010(b)(3), this Court has received from the Clerk of the Bankruptcy Court either the record for the above-captioned appeal or notice that the record is available electronically. The parties are responsible for reading and complying with all requirements, including briefing, provided in this notice. Appellant must serve and file a brief by 3/28/2019. (yl) Modified on 2/28/2019 (dgo). |
| Filing 21 PROOF OF SERVICE filed by Appellant Kenneth Kain, re Notice of Bankruptcy Appeal Record Availability #20 served on 2/26/2019. (yl) |
| Filing 20 CERTIFICATE OF READINESS filed by appellant Kenneth Kain. (yl) |
| Filing 19 DESIGNATION OF RECORDS filed by Appellant Kenneth Kain. (Attachments: #1 part 2)(twdb) (Additional attachment(s) added on 2/22/2019: #2 part 3) (twdb). |
| Filing 18 PROOF OF SERVICE filed by plaintiff Kenneth Kain, I HEREBY CERTIFY that a true and correct copy of the above Designation of Records in this matter has been furnished by mail, email and or fax on this February 16, 2018 ; served on 2/16/18. (twdb) |
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION. SEE DOCUMENT FOR FURTHER INFORMATION. Show Cause Response due by 2/26/2019. (twdb)
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| Filing 16 PROOF OF SERVICE filed by Appellant Kenneth Kain, re opening brief #15 served on 2/14/19. (twdb) |
| Filing 15 AMENDED to Opening Brief - Exhibits filed by Appellant Kenneth Kain. Amendment to Appellants Opening Brief #12 (twdb) |
| Filing 14 APPEAL DEFICIENCY NOTICE: regarding The following documents and/or filing fee, as indicated below, were not filed on the above appeal as required (Statement of Issues)(Designation of Record), (Notice of Transcript), forwarded to Judge David O. Carter. (twdb) |
| Filing 13 NOTICE OF CLERICAL ERROR: Due to clerical error document #10 was issued in error, Re: Notice Re: Bankruptcy Record Complete (CV-8) #10 . (twdb) |
| Filing 12 APPELLANTS OPENING BRIEF filed by Appellant Kenneth Kain. (twdb) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER REOPENING CASE. Accordingly, the Court REOPENS this case and DIRECTS the parties to comply with all applicable requirements of Federal Rules of Bankruptcy Procedure. re: Notice Re: Bankruptcy Record Complete #10 . Case reopened. MD JS-5. (twdb)
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| Filing 10 [ISSUED IN ERROR SEE DKT. #13] NOTICE RE: BANKRUPTCY RECORD COMPLETE. Please note, pursuant to Federal Rule of Bankruptcy Procedure 8010(b)(3), this Court has received from the Clerk of the Bankruptcy Court either the record for the above-captioned appeal or notice that the record is available electronically. The parties are responsible for reading and complying with all requirements, including briefing, provided in this notice. Appellant must serve and file a brief by 12/13/2018. (twdb) Modified on 2/22/2019 (dgo). |
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER DISMISSING CASE FOR LACK OF PROSECUTION #7 . The deadline to respond to the Order was November 9, 2018. No response was filed. Accordingly, the Court ORDERS that this case be DISMISSED WITHOUT PREJUDICE for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). Made JS-6. Case Terminated. (twdb)
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| Filing 9 Document in reference to order to show cause why this case should not be dismissed #1 (twdb) Modified on 1/22/2019 (twdb). |
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Filing 7
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION. SEE DOCUMENT FOR FURTHER INFORMATION. Show Cause Response due by 11/9/2018. (twdb)
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| Filing 6 NOTICE OF BANKRUPTCY APPEAL DOCUMENT DISCREPANCY regarding Statement of Issues, Designation of Record, Notice of Transcript. (twdb) |
| Filing 5 NOTICE OF CLERICAL ERROR: Randall D. Naiman and Joyce Essex Harvey were incorrectly designated as appellees. The docket has been corrected to show that Bank of New York Mellon is the correct defendant/appellee. (esa) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 3 NOTICE REGARDING APPEAL FROM BANKRUPTCY COURT. The appeal has been assigned to Judge David O. Carter. Refer to the Notice for specifics. (esa) |
| Filing 2 NOTICE OF REFERRAL OF APPEAL prepared by the United States Bankruptcy Court on 9/13/18. (esa) |
| Filing 1 NOTICE OF APPEAL AND STATEMENT OF ELECTION Re: Dismissal for Service Filing entered on 8/30/18 by Bankruptcy Judge Vincen P. Zurzolo, filed in the Bankruptcy Court on 9/12/18. Bankruptcy Court case number: 2:18-bk-13189 VZ, Adversary number: 2:18-ap-01112 VZ, BAP case number: NA., filed by appellant Kenneth Kain. (Attachments: #1 BK Dkt) (esa) |
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