Ashkenazi v. Farrell et al

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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

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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