Southworth v. Southworth et al
Kailey Southworth |
Richard B. Applebaum and Codie B. Southworth |
1:2020cv01430 |
November 20, 2020 |
US District Court for the Northern District of New York |
Glenn T Suddaby |
Bankruptcy Appeal (801) |
28 U.S.C. ยง 0158 |
None |
Docket Report
This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
Document Text |
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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) |
Filing 9 BANKRUPTCY RECORD ON APPEAL. (Attachments: #1 Certificate of Non Compliance)(usbcns, ) |
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 ) |
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 ) |
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 ). |
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 ). |
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 ). |
Filing 3 RESPONSE to 2 TEXT ORDER TO SHOW CAUSE filed by Richard B. Applebaum, Pro Se. (map) |
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 ) |
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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