PAUL G. BYRON, District Judge.
This cause comes before the Court on Appellee's Motion to Dismiss Appeal (Doc. 20), filed May 8, 2018. Appellant responded in opposition on May 22, 2018 (Doc. 21). With briefing complete, this matter is ripe. Upon consideration, Appellee's Motion to Dismiss is due to be granted.
Pursuant to Federal Rule of Bankruptcy Procedure ("
Appellant raises two arguments against dismissal. First, Appellant avers that Appellee failed to confer in good faith as required by Local Rule 3.01(g) before moving to dismiss. (Doc. 21, pp. 1-7). This argument is wholly without merit since Rule 3.01(g) does not require a movant to confer with opposing counsel before filing a motion to dismiss. See Local Rule 3.01(g) ("Before filing any motion in a civil case, except a motion . . . to dismiss . . ., the moving party shall confer with counsel. . . .").
Appellant next contends that dismissal is inappropriate because: (i) BR Rule 8018(a) prescribes a discretionary dismissal standard, (ii) Appellant acted with diligence "to move the appeal forward," (iii) Appellee would not be prejudiced by the denial of its motion to dismiss, and (iv) Appellee failed to complain to Appellant about the untimely brief before moving to dismiss. (Doc. 21, pp. 7-13).
Appellant's first point is its best: dismissal under BR Rule 8018(a) is discretionary. District courts in this Circuit "may" dismiss an appeal for failure to timely file an initial brief upon a showing of bad faith, negligence, or indifference. Brake v. Tavorina (In re Beverly Mfg. Co.), 778 F.2d 666, 667 (11th Cir. 1985). "Dismissal typically occurs in cases showing consistently dilatory conduct or the complete failure to take any steps other than the mere filing of a notice of appeal." Id.
The Court is satisfied that Appellant's conduct in missing the initial brief deadline by roughly eight months constitutes "at the very least, blatant negligence." See NCT Sys., Inc. v. Good Gateway LLC (In re Orlando Gateway Partners, LLC), Case No. 6:16-cv-29-RBD, Doc. 9, at *3 (M.D. Fla. Mar. 24, 2016) (unpublished). As Appellee points out, Appellant has made this same mistake at least three times in related actions, which fortifies the Court's conclusion that Appellant's conduct warrants dismissal here.
Appellant's remaining arguments fail to move the needle. The substantial length of time between the brief deadline and the filing of Appellee's motion to dismiss undercuts Appellant's argument that it has been diligently moving the appeal forward. Further, that Appellee has not affirmatively demonstrated prejudice is not dispositive. And finally, Appellant's assertion that Appellee should have reminded Appellant to file its brief is absurd.
Accordingly, it is