1:07-ap-01038•Ashkenazi v. Farrell et al
Full text
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re MICHAEL and CHRISTINE FARRELL, No. 06-10863 Debtor(s). ______________________________________/ ROGER ASHKENAZI, Plaintiff(s), v. A.P. No. 07-1038 MICHAEL and CHRISTINE FARRELL, Defendant(s). _______________________________________/ Memorandum on Motion for Order Shortening Time _________________ Plaintiff failed to appear for a regularly-scheduled scheduling conference, and the court dismissed the case for failure to prosecute. This sanction is specifically authorized by FRCP 37(b)(2)(C), FRCP 16(f) and FRBP 7016. It may well be that the court will relieve plaintiff from this default if his claim is colorable and he can demonstrate excusable neglect. At a very minimum, however, defendants must be compensated for the expense of having their attorney appear for nothing. A motion for relief from default must be made on notice. Entered on Docket August 13, 2007 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 07-01038 Doc# 18 Filed: 08/13/07 Entered: 08/13/07 14:45:27 Page 1 of 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 Unless there is a valid reason for shortening time, the normal 28 days notice must be given. Dated: August 13, 2007 SAlan Jaroslovsky U.S. Bankruptcy Judge Case: 07-01038 Doc# 18 Filed: 08/13/07 Entered: 08/13/07 14:45:27 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.