SMITH v. PROGRESS RESIDENTIAL, LLC
| MARSHRELY REED SMITH |
| PROGRESS RESIDENTIAL, LLC |
| 1:2019cv04889 |
| December 12, 2019 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Mark J Dinsmore |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
Docket Report
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This docket was last retrieved on February 5, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 CLOSED DISMISSED - On February 3, 2020, we were informed by the bankruptcy court that Ms. Smith had not filed her designation of the record and statement of issues, nor provided any reason for this failure. Dkt. 6; In re Smith. 19- BR-02423-RLM, Dkt. 140. Accordingly, consistent with our previous admonition to Ms. Smith, the Appeal from Bankruptcy Court is dismissed with prejudice. Signed by Judge Sarah Evans Barker on 2/5/2020. Copy Mailed. (CKM) |
| Filing 6 Notice to District Court: Appellant failed to file Designation of Record with Bankruptcy Court. (NAR) |
Filing 5
ORDER - On November 22, 2019, Appellant Marshrely Reed Smith filed a Notice of Appeal to the District Court challenging an order entered against her in the United States Bankruptcy Court for the Southern District of Indiana. The Bankruptcy Court has specifically advised Ms. Smith of her obligation to file the designation of record and statement of issues. The Bankruptcy Court forewarned Ms. Smith that she had exhausted her extensions of time for this purpose and would not be permitted any further extensions of time, absent emergency circumstance. To these notifications we add the following admonition; which constitutes the direct and explicit warning required prior to dismissal her appeal will be dismissed with prejudice (meaning that there will not be a future opportunity to seek an appeal of the disputed bankruptcy order) if appellant fails to file and serve her designation of the record and statement of issues with the bankruptcy court by January 31, 2020, or provides good cause for her failure to do so. Signed by Judge Sarah Evans Barker on 1/17/2020. Copy Mailed. (CKM)
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| Filing 4 Notice to District Court: Appellant failed to file Designation of Record with Bankruptcy Court (BRB) |
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Filing 3
Notice to District Court: Order Granting Motion for Stay Pending Appeal as Modified and Order Directing Debtor To Post Bond. Debtor must post a bond of $5760 (equal to 4 months rent of $1440/ month) within 21 days of this order signed by Judge Robin L. Moberly on 11/27/2019. (NAR)
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| Filing 2 Notice to Parties of Briefing Schedule in accordance with Rule 8018 of the Bankruptcy Rules of Procedure. Copy sent to Appellant via US Mail (JRB) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 19-2423. File received, filed by MARSHRELY REED SMITH. Copy to Appellant via US Mail.(NAR) Modified on 12/12/2019 (JRB). |
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| Appellant: MARSHRELY REED SMITH | |
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| Appellee: PROGRESS RESIDENTIAL, LLC | |
| Represented By: | John R. Hurley |
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