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In re Tong

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


September 1, 2010

IN RE: PETER WAI CHOON TONG & JOANNE LENG SIV LO, DEBTORS
PETER WAI CHOON TONG & JOANNE LENG SIV LO, APPELLANTS,
v.
UNITED STATES TRUSTEE APPELLEES.

The opinion of the court was delivered by: Dolly M. Gee United States District Judge

ORDER DISMISSING APPEAL FOR LACK OF PROSECUTION

On May 11, 2010 this Court granted appellants an extension of time to June 7, 2010 by which to file their opening brief. Thereafter, on June 8, 2010, the Court granted appellants' second application for extension of time allowing appellants to file their opening brief no later than August 6, 2010. To date, appellants have failed to file their opening brief. Moreover, there has been no activity in this action since this Court's June 8, 2010 order granting the second extension.

Rule 5.5 (8018-5.5) of the Local Rules Governing Bankruptcy Appeals provides as follows: "[i]f an appellant fails to file a brief within the time provided by these rules, the district court may dismiss the appeal on its own motion or upon motion of the appellee." Pursuant thereto, this appeal is hereby dismissed for lack of prosecution.

IT IS SO ORDERED.

20100901

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