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In re Koshkalda

United States District Court, N.D. California

November 12, 2019

In re Artem Koshkalda, Debtor.
v.
Seiko Epson Corporation, et. al., Appellees. Artem Koshkalda, Appellant,

          ORDER DIRECTING PARTIES TO PERFECT RECORD RE: DKT. NO. 2

          YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE.

         As advised previously in a notice from the Clerk of the Court (see Dkt. No. 2), before briefing can begin, the parties must first perfect the record.

         Pursuant to Federal Rule of Bankruptcy Procedure (“FRBP”) 8009(a)(1)(A), the “appellant must file with the bankruptcy clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented.” As noted in the Bankruptcy Docket, this filing was due by September 24, 2019, i.e. 14 days after the filing of the notice of appeal. FRBP § 8009(a)(1)(B). Pursuant to FRBP 8009(a)(4), the record on appeal must include the following:

. docket entries kept by the bankruptcy clerk;
. items designated by the parties;
. the notice of appeal;
. the judgment, order, or decree being appealed;
. any order granting leave to appeal;
. any opinion, findings of fact, and conclusions of law relating to the issues on appeal, including transcripts and oral rulings; and
. any statement of the evidence prepared by appellant where a transcript is unavailable.

         Once the Bankruptcy Court has transmitted the perfected record, appellant shall file and serve his opening brief within thirty (30) days.

         Appellant is reminded that FRBP 8014(a) dictates what must be included in appellant's brief. The appellant's brief must contain the following under appropriate headings and in the order indicated:

(1) a corporate disclosure statement, if required by ...

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