BCSS Ltd. v. Hessler
| Fred James Hessler |
| BCSS Ltd. |
| 0:2020cv61407 |
| July 13, 2020 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lurana S Snow |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
Docket Report
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Appellant's Motion for Extension of Time. #9 . Therein, Appellant requests an extension of time to submit its initial brief. Id. Rule 8018(a)(1) of the Federal Rules of Bankruptcy Procedure provides that the "appellant must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically." Fed. R. Bankr. P. 8018(a)(1). On July 13, 2020, a notice of transmittal of the appeal was filed. #2 . On August 18, 2020, having found that thirty days had passed since the transmittal of the appeal and Appellant had not filed its initial brief, the Court ordered Appellant to file its brief on or before August 24, 2020. 5 . However, subsequent to the Court's Order, the bankruptcy court completed transmittal of the record. #6 , #7 . As such, Appellant's initial brief is due thirty days from the bankruptcy court's complete transmittal of the record. See Fed R. Bankr. P. 8018(a)(1). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #9 is DENIED AS MOOT. Appellant shall file its initial brief on or before September 17, 2020. Signed by Chief Judge K. Michael Moore on 8/25/2020. (mgh)
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| Filing 9 MOTION for Extension of Time for Three-Day Extension to file Initial Brief re 5 Order,,,,, by BCSS Ltd.. Responses due by 9/8/2020 (Roher, Mark) |
| Filing 8 SUPPLEMENT to #6 Bankruptcy Transmittal of Designated Record to District Court. BKC DE 33: Motion to Value and Determine Secured Status of Lein on Personal Property (Attachments: #1 BKC DE 95: Certificate of Service, #2 BKC DE 99: Order Diecting the Clerk of Court to Enter a Writ of Attachment, #3 BKC DE 155: Notice of Late Filing of Paper Pursuant to Local Rule 5005-1(F)(2), #4 BKC: Debtor's Response in Opposotion to the Motion For Imposition of Sanctions Against the Debtor and His Attorney)(jc) |
| Filing 7 BANKRUPTCY TRANSCRIPT of Hearing held on 2/12/2020 before Judge Scott M Grossman, Volume Number 1 of 1, 1-10 pages, Court Reporter: Cheryl L. Jenkins. Telephone number: (305) 358-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2020. Redacted Transcript Deadline set for 9/18/2020. Release of Transcript Restriction set for 11/16/2020. (smd) |
| Filing 6 Bankruptcy Transmittal of Designated Record to District Court re #1 Bankruptcy Appeal filed by BCSS Ltd. (Attachments: #1 Docket Sheet, #2 Appellant's Designation)(smd) |
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Filing 5
PAPERLESS ORDER. THIS CAUSE came before the Court on a sua sponte examination of the record. On July 13, 2020, Appellant filed a notice of appeal from a judgment of the bankruptcy court. #1 . On the same day, the bankruptcy court record was transmitted. #2 . Rule 8018(a)(1) of the Federal Rules of Bankruptcy Procedure provides that the "appellant must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically." Fed. R. Bankr. P. 8018(a)(1). Additionally, Rule 8018(a)(4) provides that "[i]f an appellant fails to file a brief on time or within an extended time authorized by the district court... the district court[,]... after notice, may dismiss the appeal on its own motion." Fed. R. Bank. P. 8018(a)(4). Here, notice that the record has been transmitted was docketed on July 13, 2020. #1 , #2 . Therefore, Appellant's brief was due on or before August 12, 2020. And, Appellant has not filed the requisite brief or requested an extension of time. Accordingly, UPON CONSIDERATION of the Notice of Appeal, the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED that Appellant serve and file a brief on or before August 25, 2018. Failure to do so will result in dismissal of the appeal without further notice. Signed by Chief Judge K. Michael Moore on 8/18/2020. (mgh)
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| Filing 4 Clerk's Notice to Parties Re Administrative Order 2015-9 and Amendments to Federal Bankruptcy Rules and Local Rule 87.4 Re Processing of Bankruptcy Appeals (jc) |
| Filing 3 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Lurana S. Snow. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
| Filing 2 Bankruptcy Transmittal of re #1 Bankruptcy Appeal filed by BCSS Ltd. (Attachments: #1 Docket Sheet)(smd) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT (received), Bankruptcy Court case number 19-15157-SMG, filed by BCSS Ltd..(smd) |
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| Appellee: Fred James Hessler | |
| Represented By: | Rachamin Cohen |
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| Appellant: BCSS Ltd. | |
| Represented By: | Mark Stuart Roher |
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