In re: Emiabata et al
| Philip Osars Emiabata |
| US Trustee |
| Roberta Napolitano |
| Sylvia Emiabata |
| 3:2019cv01797 |
| November 13, 2019 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
Docket Report
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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 (Gould, K.) |
Filing 10
ORDER DISMISSING CASE. The Appellant failed to file a designation of the items to be included in the record on appeal ("designation") and a statement of the issues to be presented ("statement of issues"), as required by Fed. R. Bankr. P. 8009(a)(1)(B) and the Standing Order (ECF No. 5). Relatedly, the Appellant failed to file a notice confirming compliance with Rule 8009(a)(1)(B) on December 2, 2019, as required by the Standing Order. On December 5, 2019, the Court ordered the Appellant to file a designation and statement of issues, which included a demonstration of excusable neglect for her failure to make a timely filing, on or before December 13, 2019. (ECF No. 9.) The Court warned the Appellant that "[f]ailure to comply with this Order... may result in dismissal of this appeal without further notice from the Court." (Id.)The Appellant failed to file any response to the Court's December 5, 2019 order. Accordingly, this appeal is hereby DISMISSED. See Fed. R. Bankr. P. 8009(a)(1)(A); In re Lynch, 430 F.3d 600, 605 (2d Cir. 2005) (recognizing that district courts may dismiss bankruptcy appeal for failure to file timely designation and statement of issues and failure to establish excusable neglect); see also Chambers v. NASCO, Inc., 501 U.S. 32, 49 (1991) (recognizing district court's inherent authority to dismiss case sua sponte for failure to prosecute). The Clerk of Court is directed to close this matter. Signed by Judge Kari A. Dooley on 12/20/2019.(Beyerlein, Alexis)
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Filing 9
ORDER. The Appellant's motion to proceed in forma pauperis is DENIED without prejudice to refiling due to her failure to include a financial affidavit. The Court further notes that the Appellant has failed to comply with the Court's Standing Order (ECF No. 5). Specifically, the Appellant failed to file a designation of the items to be included in the record on appeal ("designation") and a statement of the issues to be presented ("statement of issues"), as required by Fed. R. Bankr. Pro. 8009(a)(1)(B) and the Standing Order. Relatedly, the Appellant failed to file a notice confirming her compliance with Rule 8009(a)(1)(B) on December 2, 2019, as required by the Standing Order.Accordingly, it is hereby ORDERED that on or before December 13, 2019 the Appellant shall either pay the filing fee for bankruptcy appeals to the Clerk's Office for the U.S. Bankruptcy Court or file a new motion to proceed in forma pauperis that includes a financial affidavit. If the Appellant elects to file a motion to proceed in forma pauperis, it must be filed with the Clerk's Office for the U.S. District Court. The Clerk of Court is directed to mail a copy of the form for applications to proceed in forma pauperis to the Appellant.It is further ORDERED that on or before December 13, 2019 the Appellant shall file a designation and statement of issues with the Clerk's Office for U.S. District Court. Because the Appellant failed to file a timely designation of the record and statement of issues, it is now the Appellant's obligation to establish excusable neglect. See In re MSR Resort Golf Course LLC, No. 17-cv-01015 (VSB), 2017 WL 4773326, at *3 (S.D.N.Y. Oct. 20, 2017). Accordingly, the designation and statement of issues must include an explanation for the untimely filing and must demonstrate excusable neglect for the untimely filing.Failure to comply with this Order, in whole or in part, may result in dismissal of this appeal without further notice from the Court. See Fed. R. Bankr. P. 8003(a)(2)(An appellants failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for the district court to act as it considers appropriate, including dismissing the appeal.); Fed. R. Bankr. P. 8003(a)(3)(C) (requiring payment of filing fee in bankruptcy appeals); Fed. R. Bankr. Pro. 8009(a)(1) (requiring filing of designation and statement of issues in bankruptcy appeals). Signed by Judge Kari A. Dooley on 12/5/2019.(Beyerlein, Alexis)
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| Filing 8 USBC Transmittal Form (Fanelle, N.) |
| Filing 7 NOTICE of Motion to Proceed In Forma Pauperis and Bankruptcy Order Referring to the District Court. (Attachments: #1 Bankruptcy Order #27)(Fanelle, N.) |
| Filing 6 No Designation/Agreed Statement: Filed 19-1797(KAD)(RE:) 24 Notice of Appeal to District Court. Appellant Designation or Agreed Statement due by 11/19/2019. Transmission of Designation due by 12/5/2019. filed by Debtor Sylvia Emiabata. (Fanelle, N.) |
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Filing 5
STANDING ORDER. A notice of appeal was filed in the U.S. Bankruptcy Court on November 5, 2019. The notice of appeal was transmitted to the U.S. District Court by the U.S. Bankruptcy Court and entered on the docket on November 13, 2019 pursuant to the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules"). The Appellant and Appellee shall comply with the deadlines set forth in Bankruptcy Rule 8009 for the filing of the designation of the items to be included in the record on appeal ("designation") and a statement of the issues to be presented ("statement of issues"). See Fed. R. Bankr. Pro. 8009(a)(1)(B). As an alternative to filing a designation, the parties may jointly prepare an agreed statement of the record on appeal, pursuant to Bankruptcy Rule 8009(d) ("joint statement of record on appeal"). On or before December 2, 2019, the Appellant shall file a notice with this Court stating that the Appellant has complied with Bankruptcy Rule 8009. The notice shall include a copy of the Rule 8009 pleading filed with the Bankruptcy Court (i.e., the statement of issues and the designation or joint statement of the record on appeal). The briefs filed by the Appellant and Appellee shall comport with all of the requirements of the Bankruptcy Rules, including the filing deadlines set forth in Bankruptcy Rule 8018. The Appellant must serve and file a brief within thirty (30) days after the docketing of notice by the clerk that the record has been transmitted to this Court or is available electronically. See Fed. R. Bankr. Pro. 8018(a)(1). Failure to comply with this Order may result in dismissal of the appeal. Signed by Judge Kari A. Dooley on 11/14/2019.(Beyerlein, Alexis)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 11/13/2019. (Fanelle, N.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 11/13/2019. (Fanelle, N.)
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| Filing 2 USBC Transmittal Form (Fanelle, N.) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number(s) 19-31645, filed by Sylvia Emiabata. (Attachments: #1 Order #9, #2 Order #17)(Fanelle, N.) |
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