Opinion
5:13-CV-122 (Lead) 5:13-CV-123 (Member)
06-10-2013
RIDGE VIEW FARM LLC, Appellant, v. PLEASANT ACRE FARM, LLC; GERMAIN BOUDREAU; ROBBINS FAMILY GRAIN; UNITED STATES TRUSTEE; MARK W. SWIMELAR, Appellees. RIDGE VIEW FARM LLC, Appellant, v. UNITED STATES TRUSTEE; PLEASANT ACRE FARM, LLC; GERMAIN BOUDREAU; ROBBINS FAMILY GRAIN; Appellees.
DAVID P. ANTONUCCI, ESQ. Attorney for Appellant MUNSON LAW FIRM, PLLC Attorneys for Appellant GROOB, RESSLER & MULQUEEN Attorneys for Appellant OF COUNSEL: STEVEN G. MUNSON, ESQ. PETER L. RESSLER, ESQ. COAN, LEWENDON, GULLIVER, & MILTENBERGER Attorneys for Pleasant Acres Farm, LLC & Germain Boudreau CULLENBERG & TENSEN Attorneys for Germain Boudreau EDWARD S. NOBLE, III, ESQ. Attorney for Robbins Family Grain UNITED STATES TRUSTEE MARK W. SIMELAR, ESQ. TIMOTHY D. MILTENBERGER, ESQ. AREND N. TENSEN, ESQ. GUY A. VANBAALEN, ESQ.
APPEARANCES: DAVID P. ANTONUCCI, ESQ.
Attorney for Appellant
MUNSON LAW FIRM, PLLC
Attorneys for Appellant
GROOB, RESSLER & MULQUEEN
Attorneys for Appellant
OF COUNSEL: STEVEN G. MUNSON, ESQ. PETER L. RESSLER, ESQ. COAN, LEWENDON, GULLIVER,
& MILTENBERGER
Attorneys for Pleasant Acres Farm, LLC & Germain Boudreau
CULLENBERG & TENSEN
Attorneys for Germain Boudreau
EDWARD S. NOBLE, III, ESQ.
Attorney for Robbins Family Grain
UNITED STATES TRUSTEE MARK W. SIMELAR, ESQ. TIMOTHY D. MILTENBERGER, ESQ. AREND N. TENSEN, ESQ. GUY A. VANBAALEN, ESQ. DAVID N. HURD
United States District Judge
DECISION and ORDER
Appellant Ridge View Farm LLC filed a Notice of Appeal on December 24, 2012. The Bankruptcy Court for the Northern District of New York issued a Certification of Compliance on January 30, 2013. Pleasant Acre Farm, LLC entered a notice that it no longer had an interest in Appellant and therefore would not enter an appearance on the appeal. Appellant's brief was due March 19, 2013. ECF No. 4. Appellees' briefs were due twenty days thereafter. The appeal was returnable on May 24, 2013, on submission without oral argument.
Appellant failed to file a brief. Consequently, appellees' briefs never became due. Appellant has not requested an extension of time to file a brief, or provided any reason why a brief was not filed. Therefore, the appeal will be dismissed for failure to prosecute. Balaber-Strauss v. Reichard (In re Tampa Chain Co.), 835 F.2d 54, 55-56 (2d Cir. 1987).
Accordingly, it is
ORDERED that the above-captioned appeal is DISMISSED.
IT IS SO ORDERED.
____________________
United States District Judge
Dated: June 10, 2013
Utica, New York.