Sabaugh v. Snyder

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
STEPHEN SNYDER, No. 05-14194
Debtor(s).
______________________________________/
KIMBERLY SABAUGH,
Plaintiff(s),
v. A.P. No. 06-1045
STEPHEN SNYDER,
Defendant(s).
_______________________________________/
Memorandum on Motion for Reconsideration
_________________
Rule 8(c) of the Amended Operating Order governing electronic filings in the bankruptcy courts of this
district requires a Registered Participant to produce the original signed document on request by the Court.
Likewise, Local Rule 5-2(c)(3) provides that on request of the court a party filing by fax must produce the
original transmitted document from which a fax copy was produced. While the Operating Order is clearly the
governing procedure because the declaration in question was filed electronically and not by fax, both rules
require that the document containing the actual signature be produced upon request of the court to insure that
Entered on Docket
April 16, 2007
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 06-01045 Doc# 39 Filed: 04/16/07 Entered: 04/16/07 11:53:34 Page 1 of 2

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a signing party has no “escape” if a falsehood is identified. The bottom line is that the court asked to see the
original signed declaration and counsel could not produce it. It therefore appears that the court properly
applied the rules in striking the declaration, especially considering its irregularities.
For the foregoing reasons, the motion to reconsider will be denied. Counsel for defendant shall submit
an appropriate form of order.
Dated: April 16, 2007
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 06-01045 Doc# 39 Filed: 04/16/07 Entered: 04/16/07 11:53:34 Page 2 of 2