In Re: Dominick DiMetro
- Nelson Roman
- 7:19-cv-02162
- U.S. District Court · Southern District of New York
- 2
Dominick DiMetro v. Krista Preuss: Judge Roman dismissed DiMetro’s bankruptcy appeal without prejudice because he did not file an opening brief.
Dominick DiMetro’s bankruptcy appeal was dismissed without prejudice; Krista Preuss was the appellee.
What happened
In Dominick DiMetro v. Krista Preuss, Dominick DiMetro appealed from a bankruptcy proceeding. The court set April 8, 2019, as the deadline for his opening brief, but he did not file one.
The court later ordered DiMetro to explain why the appeal should not be dismissed. His current lawyer said DiMetro agreed to dismissal, and no other response was received.
Judge Nelson S. Roman dismissed the appeal without prejudice under Federal Rule of Bankruptcy Procedure 8018(a)(4), which allows dismissal when an appellant does not timely file a brief.
The detailed version
- In Re: Dominick DiMetro · No. 7:19-cv-02162
- Nelson Roman
- Sept. 17, 2020
Background
Dominick DiMetro filed an appeal arising from a proceeding in the United States Bankruptcy Court for the Southern District of New York. The district court set April 8, 2019, as the deadline for DiMetro to file his opening brief. DiMetro did not file the brief.
On August 24, 2020, the court issued an order requiring DiMetro to explain by September 14, 2020, why the appeal should not be dismissed under Federal Rule of Bankruptcy Procedure 8018(a)(4) for failing to file a timely brief. In an August 26, 2020, letter, DiMetro’s current counsel told the court that DiMetro agreed to dismissal. The court received no other response to its order.
Ruling
Judge Nelson S. Roman dismissed the appeal without prejudice under Federal Rule of Bankruptcy Procedure 8018(a)(4). The order addressed DiMetro’s failure to file the required opening brief and did not decide the underlying bankruptcy appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.