In re: Traylor
| Sylvester Traylor |
| US Trustee |
| Roberta Napolitano |
| Town of Waterford |
| 3:2020cv00431 |
| March 30, 2020 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 18
UPDATED SCHEDULING ORDER: In light of the filing of Appellant's brief (ECF No. 11) on May 4, 2020, the Appellant is not required to refile or file any additional brief. Appellee's response to Appellant's brief is due on or before June 19, 2020. Signed by Judge Kari A. Dooley on 5/19/2020. (D'Amato, Joseph)
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| Filing 17 NOTICE: A record on appeal in the above-entitled matter was transmitted to the District Court by the US Bankruptcy Court on 5/19/2020 and entered on the docket on 5/19/2020 pursuant to Bankruptcy Rules. The Appellant and Appellee shall serve and file their briefs pursuant to Bankruptcy Rule 8018. Appellant Brief due by 6/18/2020. Signed by Clerk on 5/19/2020. (Fanelle, N.) |
| Filing 16 USBC Transmittal Form (Fanelle, N.) |
| Filing 15 Transmission of Bankruptcy Appeal Record re #1 Bankruptcy Appeal. (Fanelle, N.) |
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Filing 14
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 Kari A. Dooley on 5/6/2020.(Gould, K.)
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Filing 13
ORDER granting #12 Motion to participate in electronic filing. Signed by Judge Kari A. Dooley on 5/6/2020. (Gould, K.)
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| Filing 12 MOTION to Participate in Electronic Filing by Sylvester Traylor. Responses due by 5/25/2020. (Fanelle, N.) |
| Filing 11 Appellant's BRIEF by Sylvester Traylor. (Fanelle, N.) |
| Filing 10 NOTICE of Compliance of Rule 8009 by Sylvester Traylor. (Fanelle, N.) |
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Filing 9
Order re Appellant's #8 Notice of Compliance. Fed. R. Bankr. P. 8009(a)(1)(A) requires the Appellant to identify the items within the bankruptcy court record related to the issues on appeal so that the bankruptcy court clerk may transmit those items to the district court. See Taneja v. Health Law Firm, 2017 WL 11475266, at *2 n.4 (S.D.N.Y. Nov. 20, 2017) ("Under Rule 8009 of the Federal Rules of Bankruptcy Procedure, the record on appeal must include 'any opinion, findings of fact, and conclusions of law relating to the issues on appeal, including transcripts of all oral rulings.' It is the appellant's obligation to ensure that the record is properly designated.") (quoting Fed. R. Bankr. P. 8009(a)(4); citing Fed. R. Bankr. P. 8009(a)(1)(A)). Here, Appellant's #8 Notice of Compliance and the attached designation do not identify the items within the bankruptcy court record related to the issues on appeal as to allow the bankruptcy court clerk to properly transmit those items to the district court. Accordingly, Appellant's #8 designation is not in compliance with Fed. R. Bankr. P. 8009(a). Therefore, subject to the same conditions and consequences as laid out in this Court's Order (see ECF No. 7), it is hereby ORDERED that on or before May 5, 2020 the Appellant shall file a designation of the items to be included in the record on appeal that complies with Fed. R. Bankr. P. 8009(a)(1)(A) with the Clerk's Office for the U.S. Bankruptcy Court. The Plaintiff shall file a Notice that he has complied with this order on this docket on or before May 6, 2020. A concise list of pleadings or other items within the bankruptcy court record will satisfy this obligation and will allow the Clerk of the Bankruptcy Court to transmit the record to this Court so that a decision on the merits can be reached. Signed by Judge Kari A. Dooley on 4/21/2020.(D'Amato, Joseph)
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Filing 7
ORDER. 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 her compliance with Rule 8009(a)(1)(B) on April 20, 2020, as required by the Standing Order. Accordingly, it is hereby ORDERED that on or before May 5, 2020 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 may result in dismissal of this appeal without further notice from the Court. See Fed. R. Bankr. P. 8003(a)(2) ("An appellant's 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. 8009(a)(1) (requiring filing of designation and statement of issues in bankruptcy appeals). Signed by Judge Kari A. Dooley on 4/21/2020. (D'Amato, Joseph)
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| Filing 8 NOTICE of Compliance of Rule 8009 by Sylvester Traylor. (Fanelle, N.) |
| Filing 6 No Designation/Agreed Statement: Filed 20-431(KAD)(RE:) 68 Notice of Appeal to District Court Re: 42 Order on Motion For Relief From Stay, 53 Order on Motion To Reconsider, 64 Order on Motion To Reconsider Filed by Sylvester Traylor, Debtor. Appellant, Sylvester Traylor. Appellee(s), Town of Waterford. Appellant Designation or Agreed Statement due by 4/10/2020. Transmission of Designation due by 4/27/2020. filed by Debtor Sylvester Traylor. (Fanelle, N.) |
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Filing 5
STANDING ORDER. A notice of appeal was transmitted to the U.S. District Court by the U.S. Bankruptcy Court and entered on the docket on March 30, 2020 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. P. 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 April 20, 2020, 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. P. 8018(a)(1). Failure to comply with this Order may result in dismissal of the appeal without further notice from the Court. Signed by Judge Kari A. Dooley on 3/30/2020. (D'Amato, Joseph)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 3/30/2020. (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 3/30/2020. (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) 19-21995, filed by Sylvester Traylor. (Attachments: #1 Bankruptcy Order, #2 Bankruptcy Order, #3 Bankruptcy Order)(Fanelle, N.) |
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