Opinion
SACV 23-1519-MWF
06-27-2024
In Re Robert A. Ferrante
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
CIVIL MINUTES-GENERAL
Proceedings (In Chambers): ORDER TO SHOW CAUSE
Debtor Robert A. Ferrante filed the Notice of Appeal initiating this action on August 15, 2023. (Docket No. 1). Based on the Court's most recent Order, the Opening Brief was due on May 27, 2024. (Docket No. 23). As of June 27, 2024, Appellant has yet to file an Opening Brief despite the fact that the Court has granted three extensions. (See Docket Nos. 19, 21, 23).
Accordingly, the Court ORDERS Appellant to SHOW CAUSE (“OSC”), in writing, by July 5, 2024, why this appeal should not be dismissed for lack of prosecution. Alternatively, Appellant may discharge the OSC by filing the Opening Brief.
Given the dilatory history of Appellant, failure to respond to the OSC by July 5, 2024, will result in automatic dismissal of this appeal. See Fed.R.Bankr.P. 8003 (explaining that an appellant's failure to follow the procedures for filing an appeal is ground for “dismissing the appeal”).
Further, this OSC serves as NOTICE to Appellant that any future failure to meet any deadline imposed by statute or this Court will result in automatic dismissal of this appeal without further notice.
No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed.R.Civ.P. 78; Local Rule 7-15.
IT IS SO ORDERED.