In Re. Correia et al
| Carolyn A. Bankowski |
| Nathaniel Vasallo |
| Antonio Correia |
| 1:2020cv10304 |
| February 13, 2020 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 1334 |
| None |
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| Filing 5 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On January 31, 2020, the Bankruptcy Court for the District of Massachusetts granted summary judgment against Appellant Antonio Correia after he failed to file an opposition. [ECF No. #1 at 1]. Correia filed a notice of appeal on February 12, 2020, [id. at 3], and had until February 26, 2020 to file a designation of additional papers to be included on the record and a statement of the issues presented, [id. at 7]. He has failed to do so. Appellee Nathaniel Vassallo has consequently moved to dismiss the appeal. [ECF No. #4 ]. Under the Federal Rules of Bankruptcy Procedure, appellants must "file 'a designation of the items to be included in the record on appeal and a statement of the issues to be presented' within 14 days of the notice of appeal." In re Cameron, 2018 WL 326458, at *6 (D. Mass. Jan. 4, 2018) (quoting Fed. R. Bankr. P. 8009(a)(1)). "Failure to do so may result in dismissal of the case, in the discretion of the Court." Id. (citing 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.")). Appellant is hereby ordered to show cause, in writing by April 20, 2020, why his appeal should not be dismissed for the reasons articulated in Appellee's motion. (McDonagh, Christina) |
| Filing 4 MOTION to Dismiss Appeal by Nathaniel Vasallo. (Attachments: #1 Memorandum in Support of Motion to Dismiss Appeal)(Willis, John) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Finn, Mary) |
| Filing 2 Copy of Bankruptcy Docket Received: #1 Bankruptcy Appeal (Coppola, Katelyn) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 19-01025. File received (Attachments: #1 Initial Transmittal)(Coppola, Katelyn) |
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