In Re: Marilyn Evet Matheson
- Nelson Roman
- 7:18-cv-12300
- U.S. District Court · Southern District of New York
- 2
In Matheson v. Preuss, Judge Román dismissed Marilyn Evet Matheson’s bankruptcy appeal without prejudice because she failed to file her required brief.
Marilyn Evet Matheson’s bankruptcy appeal was dismissed without prejudice; Krista Preuss was the appellee.
What happened
In Marilyn Evet Matheson v. Krista Preuss, Matheson appealed from a bankruptcy proceeding. The court gave her a final 30-day extension to prepare and file her brief, but she did not file it, leaving the brief more than a year overdue.
The court then ordered Matheson to explain why the appeal should not be dismissed for failure to file the brief on time. The order was mailed to her docket address, but the court received no response.
Judge Nelson S. Román dismissed the appeal without prejudice under the bankruptcy appeal rule governing late briefs. The clerk was directed to mail the order to Matheson and close the case.
The detailed version
- In Re: Marilyn Evet Matheson · No. 7:18-cv-12300
- Nelson Roman
- Oct. 6, 2020
Background
Marilyn Evet Matheson, representing herself, filed an appeal arising from a proceeding in the United States Bankruptcy Court for the Southern District of New York. Under Federal Rule of Bankruptcy Procedure 8018, her opening brief was initially due January 28, 2019.
Matheson later requested more time. On March 21, 2019, the court granted her a 30-day extension to prepare the appendix and complete her brief. The court stated that the extension was final and cautioned that it would grant no further extensions. Matheson did not file her brief, which the court said was more than a year overdue.
Order to Show Cause
On August 24, 2020, the court ordered Matheson to explain by September 24, 2020, why the appeal should not be dismissed under Federal Rule of Bankruptcy Procedure 8018(a)(4) for failing to file a brief on time. The court mailed the order to show cause to the address listed on the docket. The court received no response.
Ruling
The court stated that when an appellant fails to timely file a brief, a district court may dismiss the appeal after providing notice. Judge Nelson S. Román dismissed the appeal without prejudice under Rule 8018(a)(4). The court directed the clerk to mail a copy of the order to Matheson at the docket address and to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.