Opinion
2:22-cv-982
06-30-2023
In re HUY-YING CHEN, Debtors. v. THE BANK OF NEW YORK MELLON TRUST COMPANY NA, Plaintiffs/Appellees. HUY-YING CHEN, Defendant/Appellant,
Bankruptcy No. 22-10615-CMA
Internal Appeal No. 22-S004
ORDER OF DISMISSAL
JAMAL N. WHITEHEAD UNITED STATES DISTRICT JUDGE
On July 15, 2022, this bankruptcy appeal was transferred from the United States Bankruptcy Appellate Panel to District Court. Dkt. No. 1. On August 31, 2023, the Court set the following briefing schedule: Appellant Brief due by October 11, 2022; Appellee Response Brief due by November 10, 2022; and Appellant Reply Brief due November 25, 2022. Dkt. No. 7. Appellant Huy-Ying Chen has not filed a brief.
On May 15, 2023, the Court ordered Appellant Huy-Ying Chen to show cause why this bankruptcy appeal should not be dismissed under Fed.R.Civ.P. and Local Civil Rule 41(b) for failure to prosecute. Dkt. No. 9 at 1. The Court warned Appellant that if he failed to respond by June 1, 2023, it would dismiss this action without prejudice and without further notice. Id. To date, Appellant Huy-Ying Chen has not responded to the Court's order to show cause.
Accordingly, the Court DISMISSES this case without prejudice.