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David A. Wasney, Sr v. Donald Charles Schwartz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 15, 2010

DAVID A. WASNEY, SR., PLAINTIFF,
v.
DONALD CHARLES SCHWARTZ,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION AND TO RE-OPEN APPEAL (re: docket #7)

On September 16, 2010, after the parties failed to respond to the Court's Order to Show Cause and failed to appear at a Show Cause Hearing, the Court dismissed this bankruptcy appeal 20 with prejudice for failure to prosecute. See Dkt. #5. On October 8, 2010, Plaintiff filed a motion 21 for reconsideration and to re-open the appeal, which is set for hearing on December 21, 2010.

Defendant has not opposed Plaintiff's motion. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and thus the December 21, 2010 hearing is hereby VACATED. Good cause appearing, the Court GRANTS Plaintiff's motion for reconsideration and orders the Clerk to re-open the appeal.

Accordingly, Plaintiff shall serve and file its brief within fourteen (14) days from the entry of the record on appeal on this Court's electronic filing system (ECF). Defendant may serve and file its brief within seven (7) days after service and filing of Plaintiff's brief. No reply briefs shall be filed without leave granted by the Court. Unless the Court finds oral argument necessary, the matter will be deemed submitted upon completion of the briefing.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20101215

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