In Re: Quebecor World (USA) Inc.
| Quebecor World (USA) Inc. |
| Clarklift-West, Inc. |
| Eugene I. Davis |
| 1:2015cv02112 |
| March 20, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| J. Paul Oetken |
| Appeal |
| 28 U.S.C. ยง 0158 |
| None |
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Filing
13
OPINION AND ORDER: Pursuant to Rule 8018 of the Federal Rules of Bankruptcy Procedure, "[t]he appellant must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically. " Fed. R. Bankr. P. 8018(a)(1). Clarklift-West failed to file a brief in the time set out in Rule 8018. The Court issued an order on May 26, 2015, requiring Appellant to show cause by June 10, 2015, why this appeal should not be dismissed. (Dkt. No. 5.) On June 10, 2015, attorney Robert Biegler1 filed, by mail, a declaration concerning the reasons that Clarklift-West had failed to file a brief within the time set out in the Bankruptcy Rules.2 Subsequently, at the Court's direction, t he parties filed briefing on the question of the appropriate sanction, if any, for Clarklift-West's failure to file a brief within the limits set out in Rule 8018. The Trustee asks that the appeal be dismissed. (Dkt. No. 11 ("Trustee Br.&qu ot;).) Clarklift-West asks that its attorney's neglect be excused and that the Court set a briefing schedule for the appeal. (Dkt. No. 12 ("Appellant Br.").) Clarklift-West's appeal is DISMISSED. The Clerk of the Court is directed to close this matter. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 8/14/2015) (kko)
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