East NY Ave II, Inc. v. JPMorgan Chase Bank, N. A.
Appellant: East NY Ave II, Inc.
Appellee: JPMorgan Chase Bank, N. A.
Case Number: 1:2020cv00026
Filed: January 2, 2020
Court: U.S. District Court for the Eastern District of New York
Presiding Judge: LaShann DeArcy Hall
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 1334
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2020 Opinion or Order ORDER: On January 2, 2020, appellant filed a notice of appeal #1 from Bankruptcy Court. On January 3, 2020, the parties were ordered by the Bankruptcy Clerk to file their designation of items to be included in the record and statement of issues to be presented pursuant to Federal Rule of Bankruptcy Procedure 8009. On January 30, 2020, the Bankruptcy Court transmitted a letter #3 with the following note: "Incomplete Record The designations of the Appellant/Appellee have not been filed as of January 30, 2020. On February 20, 2020, Appellee filed a request #3 that the case be dismissed for Appellant's failure to designate the record on appeal in according with the Federal Rules of Bankruptcy Procedure ("F.R.B.P."). The request is DENIED. To be sure, Appellant was supposed to file and serve a designation of items to be included in the record on appeal and a statement of the issues presented by January 17, 2020. See F.R.B.P 8009(a) ("The appellant must file with the bankruptcy clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented... (B) within 14 days after: (i) the appellant's notice of appeal as of right becomes effective under Rule 8002."). However, "the time limitations imposed by Rule 8009 are not jurisdictional, and hence the district court is not required automatically to dismiss the appeal of a party who has failed to meet those deadlines." In re Tampa Chain Co., Inc., 835 F.2d 54, 55 (2d Cir. 1987). Appellant shall designate a record on appeal by March 13, 2020 or the Court will dismiss the appeal. Ordered by Judge LaShann DeArcy Hall on 2/26/2020. (Williams, Erica)
February 20, 2020 Filing 3 Letter MOTION to Dismiss Creditor-Appellee JPMorgan Chase Bank's request for the Court to dismiss the appeal for Debtor-Appellant's failure to designate the record on appeal. by JPMorgan Chase Bank, N. A.. (Goldman, Erica)
January 30, 2020 Filing 2 Notice of Bankruptcy Record Received. Notice to all parties, in accordance with Federal Rule of Bankruptcy Procedure 8010(b)(3), that the record has been received or is available electronically. Parties shall now follow briefing schedule as set forth in Federal Rule of Bankruptcy Procedure 8018. Specifically, appellant must serve and file a brief within 30 days of this notice, the appellee must serve and file a brief within 30 days after service of the appellants brief, and the appellant may serve and file a reply brief within 14 days after service of the appellees brief, but a reply brief must be filed at least 7 days before scheduled argument. (Attachments: #1 Trans of Add Rec on Appeal (BK: Notice Recipients) (Brown, Marc)
January 3, 2020 Notice that appeal from the Bankruptcy Court has been docketed. Parties shall file with the Bankruptcy Clerk their designations of items to be included in the record and statement of issues to be presented pursuant to Federal Rule of Bankruptcy Procedure 8009. (Davis, Kimberly)
January 2, 2020 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 17-46408., filed by East NY Ave II, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Transmittal, #3 Order Dismissal) (Davis, Kimberly)

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Appellant: East NY Ave II, Inc.
Represented By: Avinoam Rosenfeld
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Appellee: JPMorgan Chase Bank, N. A.
Represented By: Jordan Michael Smith
Represented By: Erica Rachel Stein Goldman
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