United States District Court, C.D. California
January 30, 2015
IN RE: CT-1 HOLDINGS, INC ADVERSARY No. 2:13AP1245 BR.
USBC Case No. 2:10BK19927 BR.
For Farhad Saadat, also known as Farokh Saadat, Appellant: Alex M Weingarten, Eric J Bakewell, Logan Mitchell Elliott, Vartanoush Hindoyan, LEAD ATTORNEYS, Venable LLP, Los Angeles, CA; Steven Frederick Werth, Victor A Sahn, LEAD ATTORNEYS, Sulmeyerkupetz APC, Los Angeles, CA.
For Screen Capital International Corp., derivatively on behalf of the estate of CT-1Holdings, LLC, Appellee: David L Neale, Irving M Gross, Todd M Arnold, LEAD ATTORNEYS, Levene Neale Bender Yoo and Brill LLP, Los Angeles, CA.
ORDER TO SHOW CASE RE: FAILURE TO PROSECUTE (IN CHAMBERS)
HONORABLE VIRGINIA A. PHILLIPS, UNITED STATES DISTRICT JUDGE.
On November 26, 2013, Appellant Farhad Saadat filed this appeal from the bankruptcy court. (Doc. Nos. 1-3.) On January 23, 2014, the parties filed a stipulation to transfer the case to Judge Gutierrez (Doc. No. 5), but the transfer was declined (Doc. No. 8).
Shortly after, the parties filed a Stipulation to Consolidate Cases. (Doc. No. 9 (" Stipulation").) The Stipulation contained a proposed briefing scheduling. The Court entered an Order consolidating the cases and setting the briefing schedule as laid out in the Stipulation, but it did not do so until April 29, 2014. (Doc. No. 11.)
The parties have taken no action in this case since filing the Stipulation. A court may dismiss an appeal from the bankruptcy court for failure to prosecute. See Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir. 1994). Accordingly, the Court ORDERS the parties to show cause, in writing, by March 2, 2015, why this appeal should not be dismissed for failure to prosecute. Failure to file a response will result in dismissal.
IT IS SO ORDERED.