In Re: Gonzalo J. Dunia
- Katherine Failla
- 1:20-cv-07484
- U.S. District Court · Southern District of New York
- 2
In re Gonzalo J. Dunia, Judge Failla set briefing and record deadlines for a bankruptcy appeal and warned that missed deadlines could affect or end the appeal.
The appellant, appellee, and their counsel in the bankruptcy appeal are affected by the record-designation, briefing, and compliance deadlines.
What happened
In re Gonzalo J. Dunia is a bankruptcy appeal assigned to the Southern District of New York. The order did not address the underlying bankruptcy dispute.
The court required the appellant to identify the appeal record and issues within 14 days after filing the appeal notice. It also set deadlines for the parties’ briefs and warned that missed deadlines could lead to dismissal of the appeal or consideration without the appellee’s brief.
Judge Failla also waived the usual pre-motion conference for certain motions to dismiss based on missed bankruptcy appeal deadlines. The order directed counsel to follow the applicable bankruptcy rules and the court’s individual practices.
The detailed version
- In Re: Gonzalo J. Dunia · No. 1:20-cv-07484
- Katherine Failla
- Sept. 14, 2020
Background
The Southern District of New York received a bankruptcy appeal concerning debtor Gonzalo J. Dunia. The opinion identifies the bankruptcy appeal as Case No. 18-13541 (CGM) and the district-court matter as Case No. 20 Civ. 7484 (KPF). It does not describe the underlying bankruptcy ruling or identify the appellant and appellee by name.
Order
The court explained that Federal Rule of Bankruptcy Procedure 8009 requires the appellant, within 14 days after filing the notice of appeal, to file a designation of the items to be included in the appellate record and a statement of the issues to be presented. Within 14 days after service of that statement, the appellee may designate additional record items. If the appellee filed a cross-appeal, the appellee must also identify the issues and additional record items for that cross-appeal.
The court did not excuse appellate briefing. It adopted the deadlines in Rule 8018: the appellant must file a brief within 30 days after notice that the record has been transmitted or is electronically available; the appellee must file a brief within 30 days after service of the appellant’s brief; and the appellant may file a reply within 14 days after service of the appellee’s brief, at least seven days before argument unless the court grants permission otherwise. The court also directed counsel to follow its individual civil-case practices when those practices do not conflict with the bankruptcy rules.
Warnings and Additional Direction
The order states that failure to comply with the order or the deadlines in Rules 8002, 8009, or 8018 will result in dismissal of the appeal if the failure is by the appellant, or consideration of the appeal without an appellee’s brief if the failure is by the appellee. The court waived its usual pre-motion conference requirement for a party moving to dismiss the appeal for failure to comply with Rules 8002, 8006, or 8009.
Disposition
This was a scheduling order. The court set procedures and deadlines for the bankruptcy appeal but did not decide the appeal’s underlying issues.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.