Rucker et al v. Brown

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
DANIELLE N. BROWN,
Debtor.
____________________________
GAIL RUCKER
Plaintiff,
v.
DANNIELLE N. BROWN,
Defendant.
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Case No. 07-00451
(Chapter 7)
Adversary Proceeding No.
07-10033
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE MOTION TO DISMISS
On February 14, 2008, the court entered a Memorandum
Decision and Order Re Defendant’s Motion to Dismiss Adversary
Proceeding, identifying several deficiencies in the complaint and
directing the plaintiff, Gail Rucker, to file an amended
complaint by March 5, 2008, absent which the court would dismiss
this adversary proceeding with prejudice (Docket Entry (“DE”) No.
25). 	The court selected March 5, 2008, as the plaintiff’s filing
The Memorandum Decision below is hereby signed.
Dated: March 17, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-10033 Doc 31 Filed 03/18/08 Entered 03/18/08 08:20:11 Desc Main
Document Page 1 of 3

1 	The plaintiff failed to provide the court with her
mailing address, and instead provided only the mailing address of
her attorney, Ms. Reed. 	Although Ms. Reed has since withdrawn as
plaintiff’s counsel, the court nevertheless directed Ms. Reed to
mail a copy of the Memorandum Decision and Order to the plaintiff
by February 20, 2008 (DE No. 26, entered February 14, 2008).
2
deadline based, in part, upon the assumption that the plaintiff’s
former attorney, Janai C. Reed, would, pursuant to an order of
this court, mail a copy of the Memorandum Decision and Order to
the plaintiff by February 20, 2008, which would leave the
plaintiff ample time to then file an amended complaint by March
5, 2008. 1 	On February 22, 2008, Reed filed a certificate of
mailing in which she states that she did not receive the court’s
Memorandum Decision and Order until February 21, 2008, and that
she hand delivered and mailed a copy of the Memorandum Decision
and Order to Rucker on February 22, 2008. 	Although mailed by
Reed two days after the February 20, 2008 deadline, Reed’s hand
delivery of the Memorandum Decision and Order -- a more
expeditious form of service -- was sufficient to compensate for
any delay in mailing. 	Likewise, even if the court deemed it
appropriate to extend the March 5, 2008 deadline to account for
the two-day delay in mailing, any such extension would be
insufficient to excuse the plaintiff’s continued failure to file
an amended complaint more than ten days after the March 5, 2008
filing deadline has passed. 	The plaintiff having failed to
timely file an amended complaint, and in accordance with this
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3	O:\Laura\ORDERS\Dismissal Orders\AP Dismissals\Dismiss for failure to state claim - Rucker v Brown.wpd
court’s prior Memorandum Decision and Order (DE No. 25), the
court will dismiss this adversary proceeding with prejudice.
A judgment follows.
[Signed and dated above.]
Copies to:
Gail Rucker
c/o Elizabeth Menist, Esq.
700 E Street, SE
Washington, D.C. 20003
Gail Rucker
3310 20 th Street, NE
Washington, D.C. 20018
Janai C. Reed, Esq.
Harris S. Ammerman, Esq.
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