In re: Partch
| Tax Collector, Roberta Napolitano, CitiMortgage and U.S. Trustee, Office Of |
| US Trustee |
| Marjorie Partch |
| 3:2019cv00557 |
| April 12, 2019 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 44 JUDGMENT entered in favor of CitiMortgage, U.S. Trustee, Office Of, Roberta Napolitano, Tax Collector against Marjorie Partch.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 6/26/2019.(Freberg, B) |
Filing 43
ORDER GRANTING MOTION TO DISMISS APPEAL (Doc. #38) AND DENYING REMAINING MOTIONS AS MOOT (Docs. #36, #37 and #42). The Court GRANTS the motion of appellee CitiMortgage to dismiss this appeal for substantially the reasons stated in the motion and in light of appellant Marjorie Partchs failure to comply with the Court's briefing requirements. Rather than timely filing a brief containing reasoned arguments to show why the Bankruptcy Court committed any error, Partch has untimely filed a "brief" which recites certain facts followed by an "Argument" section that states only the words "to come" without any kind of argument. Doc. #35 at 12. Partch has otherwise delayed the appeal by failing to timely designate the record (Doc. #14) and filing collateral motions that do not coherently state grounds for relief. Despite having previously granted Partch extensions of time to prosecute this appeal (Docs. #32 and #34), the Court now shares CitiMortgage's concerns that Partch willfully seeks to improperly delay this appeal and the adjudication of her legal proceedings. Partch's remaining collateral motions (Docs. #36, #37 and #42) are DENIED as moot in light of the Court's dismissal of this appeal. The Clerk of Court shall close this case. Signed by Judge Jeffrey A. Meyer on 6/25/2019. (Freberg, B)
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Freberg, B) |
| Filing 42 Third MOTION for Extension of Time until 7/24/2019 Brief, Cite in Party #37 First MOTION for Joinder Designated Document Custodian re #36 Third MOTION for Extension of Time until 7/24/2019 Cite Party, Brief #35 Appellant's Brief filed by Marjorie Partch, #35 Appellant's Brief filed by Marjorie Par by Marjorie Partch. (Attachments: #1 Exhibit FM Reqs Doc Cust)(Partch, Marjorie) |
| Filing 41 TRANSCRIPT of Proceedings in Bankruptcy Court: Type of Hearing: Confirmation Hearing. Held on 2/28/2019 before Judge Julie A. Manning. Court Reporter: Christine Fiore. Unrestricted transcripts may be obtained from Bankruptcy Court. (Fanelle, N.) |
| Filing 40 USBC Transmittal Form (Fanelle, N.) |
| Filing 39 Transmission of Bankruptcy Appeal Record re #2 Bankruptcy Appeal. (Fanelle, N.) |
| Filing 38 MOTION to Dismiss FOR FAILURE TO TIMELY PROSECUTE by CitiMortgage.Responses due by 7/15/2019 (Frechette, Donald) |
| Filing 37 First MOTION for Joinder Designated Document Custodian re #36 Third MOTION for Extension of Time until 7/24/2019 Cite Party, Brief #35 Appellant's Brief filed by Marjorie Partch, #35 Appellant's Brief filed by Marjorie Partch by Marjorie Partch. (Attachments: #1 Exhibit, #2 Exhibit)(Partch, Marjorie) |
| Filing 36 Third MOTION for Extension of Time until 7/24/2019 Cite Party, Brief #35 Appellant's Brief by Marjorie Partch. (Partch, Marjorie) |
| Filing 35 Appellant's BRIEF by Marjorie Partch. (Partch, Marjorie) |
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Filing 34
ORDER GRANTING IN PART MOTION FOR EXTENSION OF TIME. The Court reluctantly GRANTS plaintiff's motion for extension of time (Doc. #33 ) but only in part for one more week until June 21, 2019. Failure to file plaintiff's brief by June 21, 2019, may result in summary dismissal of this appeal. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/14/2019. (Gutierrez, Y.)
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| Filing 33 Second MOTION for Extension of Time until July 15, 2014 Brief by Marjorie Partch. (Attachments: #1 Exhibit Appeal / Complaint / Petition to Superior Court)(Partch, Marjorie) |
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Filing 32
ORDER RE PENDING MOTIONS AND AMENDED SCHEDULING ORDER. The Court DENIES appellant's motion to stay (Doc. #8) for substantially the reasons stated by appellee CitiMortgage in its objections (Docs. #16 and #31). In light of appellant's belated designation of the record, the Court DENIES appellee's motion to dismiss for lack of prosecution (Doc. #21) and GRANTS appellants' motion for extension of time to designate the record (Doc. #22). Appellant shall file her brief on appeal by June 14, 2019, and appellees shall file any response briefing by July 15, 2019. Failure to comply with the briefing deadlines may result in dismissal or an adverse order by the Court. It is so ordered. Signed by Judge Jeffrey A. Meyer on 05/23/19. (Barry, Donna)
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| Filing 31 REPLY to Response to #8 MOTION to Stay (surreply) filed by CitiMortgage. (Frechette, Donald) |
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Filing 30
ORDER granting #29 Motion for Leave to File Surreply in Connection with Debtor's Motion for Stay Pending Appeal. Signed by Judge Jeffrey A. Meyer on 5/22/2019. (Gutierrez, Y.)
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| Filing 29 MOTION for Leave to File Surreply in Connection with Debtor's Motion for Stay Pending Appeal by CitiMortgage. (Attachments: #1 Exhibit A)(Frechette, Donald) |
| Filing 28 NOTICE to counsel regarding briefing Signed by Clerk on 5/14/2019.(Fanelle, N.) |
| Filing 27 Digital Audio File from U.S. Bankruptcy Court held on 2/28/2019 before Chief Judge Julie A. Manning, Re: #24 Bankruptcy Appeal Record. AUDIO FILE size(1.7 MB) (Fanelle, N.) |
| Filing 26 Digital Audio File from U.S. Bankruptcy Court held on 2/28/2019 before Chief Judge Julie A. Manning, Re: #24 Bankruptcy Appeal Record. AUDIO FILE size(208.2 KB) (Fanelle, N.) |
| Filing 25 USBC Transmittal Form (Fanelle, N.) |
| Filing 24 Transmission of Bankruptcy Appeal Record re #2 Amended Bankruptcy Appeal (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3)(Fanelle, N.) |
| Filing 23 REPLY to Response to #8 MOTION to Stay Reply to Citi Obj filed by Marjorie Partch. (Attachments: #1 Exhibit 3:17-cv-01683-VAB Ruling, #2 Exhibit 3:17-cv-01683-VAB Exhibits)(Partch, Marjorie) |
| Filing 22 MOTION for Extension of Time until 5/13/2019 Desig of Record & Statement by Marjorie Partch. (Attachments: #1 Exhibit Desig & Statement)(Partch, Marjorie) |
| Filing 21 MOTION to Dismiss for Lack of Prosecution by Roberta Napolitano.Responses due by 5/31/2019 (Crook, Patrick) |
| Filing 20 NOTICE of Appearance by Patrick Crook on behalf of Roberta Napolitano (Crook, Patrick) |
| Filing 19 First NOTICE by Marjorie Partch re 14 Order to Show Cause,,, Reply (Partch, Marjorie) |
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Filing 18
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Jeffrey A. Meyer on 5/6/19.(Pesta, J.)
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Filing 17
ORDER granting #13 Motion to participate in e-filing. Signed by Judge Jeffrey A. Meyer on 5/6/19. (Pesta, J.)
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| Filing 16 OBJECTION re #8 MOTION to Stay Pending Appeal filed by CitiMortgage. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frechette, Donald) |
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Filing 15
ORDER DENYING AS MOOT MOTION FOR EXTENSION OF TIME TO FILE BRIEF (Doc. #11). In light of the Court's order to show cause requiring appellant to file a designation and statement as required under the Bankruptcy Rules and setting a revised briefing schedule, the Court DENIES as moot appellant's motion for extension of time to file a brief. It is so ordered. Signed by Judge Jeffrey A. Meyer on 05/03/19. (Barry, Donna)
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Filing 14
ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED. On April 12, 2019, the Court entered an order to require that "[w]ithin 14 days, the appellant shall notify this Court either that appellant has filed a designation and statement in accordance with Bankruptcy Rule 8009(a)(1)(B), or that the parties have prepared an agreed statement in accordance with Bankruptcy Rule 8009(d), and attach to the notification a copy of such filing." Doc. #6. No designation or statement has been filed on the record. Appellant shall file such designation and statement by May 9, 2019, and shall file any brief by May 23, 2019, and appellee shall file any response brief by June 13, 2019. If either party fails to comply with the requirements of this order, then such non-compliance may be grounds for the Court to rule adversely to that party. It is so ordered. Signed by Judge Jeffrey A. Meyer on 05/03/19. (Barry, Donna)
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| Filing 13 MOTION for BY SELF RPRESENTED LITIGANT TO PARTICIPATE IN ELECTRONIC FILING by Marjorie Partch. (Payton, R.) |
| Filing 12 OBJECTION re #11 MOTION for Extension of Time until 30 days to File First Brief filed by CitiMortgage. (Frechette, Donald) |
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Filing 10
ORDER RE OBJECTION OR RESPONSE TO MOTION TO STAY (Doc. #8). Any party who objects to the motion to stay shall file an objection with reasons by May 6, 2019. It is so ordered. Signed by Judge Jeffrey A. Meyer on 04/29/19. (Barry, Donna)
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| Filing 11 MOTION for Extension of Time until 30 days to File First Brief by Marjorie Partch. (Payton, R.) |
| Filing 9 No Designation/Agreed Statement: Filed 19-557(JAM)(RE:) 68 Amended Notice of Appeal to District Court Filed By Debtor Marjorie Partch. (Fanelle, N.) |
| Filing 8 MOTION to Stay Pending Appeal by Marjorie Partch.Responses due by 5/14/2019 (Payton, R.) |
| Filing 7 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 4/12/2019. (Fanelle, N.) |
| Filing 6 NOTICE TO COUNSEL: A notice of appeal was transmitted to the District Court by the U.S. Bankruptcy Court on 4/12/2019 and entered on the docket on 4/15/2019 pursuant to the Bankruptcy Rules. The appellant and appellee shall comply with Bankruptcy Rule 8009. Within 14 days, the appellant shall notify this Court either that appellant has filed a designation and statement in accordance with Bankruptcy Rule 8009(a)(1)(B), or that the parties have prepared an agreed statement in accordance with Bankruptcy Rule 8009(d), and attach to the notification a copy of such filing. The appellant and appellee shall serve and file their briefs pursuant to Bankruptcy Rule 8018. (Fanelle, N.) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 4/12/2019. (Fanelle, N.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 4/12/2019. (Fanelle, N.)
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| Filing 3 USBC Transmittal Form (Fanelle, N.) |
| Filing 2 AMENDED Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number(s) 18-50914, filed by Marjorie Partch. (Fanelle, N.) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number(s) 18-50914, filed by Marjorie Partch. (Attachments: #1 Order #48, #2 Order #57, #3 Order #59, #4 Order #61)(Fanelle, N.) |
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