Southworth v. Southworth et al
Appellant: Kailey Southworth
Appellee: Richard B. Applebaum and Codie B. Southworth
Case Number: 1:2020cv01430
Filed: November 20, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Glenn T Suddaby
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2020 Opinion or Order Filing 10 ORDER that the within appeal shall be DISMISSED without further Order of the Court UNLESS within THIRTY (30) DAYS of the date of this Order, the Appellant fully complies with Federal Rules of Bankruptcy Procedure 8003(a)(3)(C) and 8009(a). Signed by Chief Judge Glenn T. Suddaby on 12/28/2020. (Copy served upon non-electronic parties via regular mail) (sal)
December 21, 2020 Opinion or Order Filing 9 BANKRUPTCY RECORD ON APPEAL. (Attachments: #1 Certificate of Non Compliance)(usbcns, )
December 16, 2020 Opinion or Order Filing 8 JUDGMENT that, pursuant to the Text Order issued on December 16, 2020 (Dkt. No. 7) by the Honorable Glenn T. Suddaby, Richard B. Applebaum's appeal (1:20-CV-1433, Member Case) is DENIED and DISMISSED for all the reasons stated in Appellee Codie B. Southworth's opposition papers (Dkt. Nos. #4 , #5 ); even setting aside Appellant's apparent failure to pay the Bankruptcy Court's filing fee, his failure file his Notice of Appeal in a timely fashion deprives this Court of jurisdiction to entertain his appeal (or to extend the filing deadline, which the Court would not be inclined to do anyway). All of the above pursuant to the Text Order issued by the Honorable Glenn T. Suddaby, dated December 16, 2020. Dkt. No. 7. (Served non-electronic parties by regular mail). (sal )
December 16, 2020 Opinion or Order Filing 7 TEXT ORDER denying and dismissing Appellant Richard B. Applebaum's appeal (20-CV-1433) for all of the reasons stated in Appellee Codie B. Southworth's opposition papers (Dkt. Nos. #4 , #5 ): even setting aside Appellant's apparent failure to pay the Bankruptcy Court's filing fee, his failure to file his Notice of Appeal in a timely fashion deprives this Court of jurisdiction to entertain his appeal (or to extend the filing deadline, which the Court would not be inclined to do anyway). SO ORDERED by Chief Judge Glenn T. Suddaby on 12/16/2020. (Copy served upon non-electronic parties via regular mail)(sal )
December 15, 2020 Opinion or Order Filing 6 CERTIFICATE OF SERVICE by Codie B. Southworth re #3 Response to Order to Show Cause (Selbach, James) Modified on 12/15/2020 to indicate this is a cert. of srvc. and not just a notice (sal ).
December 15, 2020 Opinion or Order Filing 5 MEMORANDUM OF LAW by Codie B. Southworth re #3 Response to Order to Show Cause (Selbach, James) Modified on 12/15/2020 to change from a notice to a memo of law (sal ).
December 15, 2020 Opinion or Order Filing 4 DECLARATION by Codie B. Southworth to #3 Response to Order to Show Cause filed by Richard B. Applebaum, Pro Se. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F)(Selbach, James) Modified on 12/15/2020 to change from a notice to a declaration (sal ).
December 11, 2020 Opinion or Order Filing 3 RESPONSE to 2 TEXT ORDER TO SHOW CAUSE filed by Richard B. Applebaum, Pro Se. (map)
December 3, 2020 Opinion or Order Filing 2 TEXT ORDER consolidating Action Nos. 1:20-cv-01430-GTS and 1:20-cv-01433-GTS, with the former action designated as the lead action. Appellant Kailey Southworth is respectfully reminded of her duty to diligently prosecute her action, including fulfilling her duties under Fed. R. Bankr. P. 8009. In addition, Appellant Richard Applebaum is respectfully advised that it appears from the face of his Notice of Appeal that he has violated the 14-day filing deadline set forth in Fed. R. Bankr. P. 8002 because, although the underlying Decision and Order was entered on 11/04/2020, he did not file his Notice of Appeal in the Bankruptcy Court until 11/19/2020 (and thus it appears that the Bankruptcy Court will not be transmitting to the Court the record on appeal upon its completion in his action pursuant to Fed. R. Bankr. P. 8009 and 8010). As a result, Appellant Richard Applebaum is directed to SHOW CAUSE in writing, within SEVEN (7) DAYS of the date of this Text Order, why his appeal should not be sua sponte denied and dismissed as untimely and/or futile. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/3/2020. (Copy served upon non-electronic parties via regular mail). (sal )
November 20, 2020 Opinion or Order Filing 1 Notice of Appeal filed with the Bankruptcy Court on 11/18/20 by Kailey Southworth. Bankruptcy Court case number 18-11922. (Attachments: #1 Memorandum-Decision and Order)(usbcns, )

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Appellant: Kailey Southworth
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Appellee: Richard B. Applebaum
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Appellee: Codie B. Southworth
Represented By: Michael L. Boyle
Represented By: James F. Selbach
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