Filed: Dec. 06, 2018
Latest Update: Dec. 06, 2018
Summary: ORDER GRANTING APPELLEES' MOTION TO DISMISS APPEAL Bankruptcy No. 18-S011. USBC No. 18-11823-TWD13. RICARDO S. MARTINEZ , Chief District Judge . This matter comes before the Court on appellees Banner Bank, Joseph T. Hunt, and Springer Development, LLC (collectively, "Banner Appellees")'s Motion to Dismiss Appeal. Dkt. #8. Appellants have failed to file any opposition to this Motion, and the deadline for filing an opposition has passed. Banner Appellees argue, inter alia, that the Notic
Summary: ORDER GRANTING APPELLEES' MOTION TO DISMISS APPEAL Bankruptcy No. 18-S011. USBC No. 18-11823-TWD13. RICARDO S. MARTINEZ , Chief District Judge . This matter comes before the Court on appellees Banner Bank, Joseph T. Hunt, and Springer Development, LLC (collectively, "Banner Appellees")'s Motion to Dismiss Appeal. Dkt. #8. Appellants have failed to file any opposition to this Motion, and the deadline for filing an opposition has passed. Banner Appellees argue, inter alia, that the Notice..
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ORDER GRANTING APPELLEES' MOTION TO DISMISS APPEAL
Bankruptcy No. 18-S011.
USBC No. 18-11823-TWD13.
RICARDO S. MARTINEZ, Chief District Judge.
This matter comes before the Court on appellees Banner Bank, Joseph T. Hunt, and Springer Development, LLC (collectively, "Banner Appellees")'s Motion to Dismiss Appeal. Dkt. #8. Appellants have failed to file any opposition to this Motion, and the deadline for filing an opposition has passed.
Banner Appellees argue, inter alia, that the Notice of Appeal filed by Boris Izrailyevich Povzner, Dom One Estates Irrevocable Trust, and Eugene Povzner was not timely under FRBP 8002. The Court agrees that the Notice of Appeal was filed well after the 14-day deadline set forth in that rule. See Dkt. #1. Seeing no argument in opposition, the Court concludes this appeal is properly dismissed on this ground alone. See Saunders v. Band Plus Mortg. Corp. (In re Saunders), 31 F.3d 767, 1-2 (9th Cir. 1994).
Having reviewed the relevant briefing, the declarations and exhibits attached thereto, and the remainder of the record, the Court hereby finds and ORDERS that Banner Appellees' Motion to Dismiss Appeal (Dkt. #8) is GRANTED. This appeal is dismissed as untimely. This case is CLOSED.
