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The Billing Resource, LLC v. Old T.B.R. Incorporated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 26, 2012

THE BILLING RESOURCE, LLC, APPELLANT,
v.
OLD T.B.R. INCORPORATED, F/K/A THE BILLING RESOURCE, DBA INTEGRETEL, A CALIFORNIA COMPANY, APPELLEE.

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

ORDER DISMISSING APPEAL

The above captioned bankruptcy appeal was filed on January 27, 2012. ECF No. 1. On ted States District Court

February 2, 2012, Appellee moved to dismiss the appeal on the ground that: (1) Appellant's notice 14 of appeal is untimely; (2) the summary adjudication that forms the basis of this appeal is not a final 15 appealable order; and (3) Appellant has failed to file a designation of record and statement of issues 16 on appeal in accordance with Federal Rule of Bankruptcy Procedure 8006. ECF No. 3. As of June Uni 17 11, 2012, more than four months after Appellee filed its motion to dismiss, Appellant had not filed 18 an opposition, nor had Appellant perfected the record as required by Rule 8006. Accordingly, the 19 Court ordered Appellant to show cause why this appeal should not be dismissed for failure to 20 prosecute. ECF No. 4. The Court ordered Appellant to file a response explaining why this case 21 should not be dismissed for failure to prosecute by June 25, 2012. The Order to Show Cause 22 informed Appellant that failure to file a timely response would result in the appeal being dismissed.

As of June 26, 2012, Appellant has not filed a response to the Order to Show Cause nor complied 24 with Rule 8006. Accordingly, this appeal is DISMISSED. The Clerk shall close the file. 25

IT IS SO ORDERED.

20120626

© 1992-2012 VersusLaw Inc.



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