In Re: Madison Square Boys & Girls Club, Inc.
- Katherine Failla
- 1:22-cv-07575
- U.S. District Court · Southern District of New York
- 2
In re: Madison Square Boys & Girls Club, Inc., Judge Failla set bankruptcy-appeal deadlines and warned that missed deadlines could result in dismissal.
The appellant and appellee in the bankruptcy appeal, along with their counsel, are affected by the filing deadlines and stated consequences for noncompliance.
What happened
In re: Madison Square Boys & Girls Club, Inc. is a bankruptcy appeal assigned to the Southern District of New York. The court issued an order setting the steps and deadlines for preparing and briefing the appeal.
The appellant must identify the record materials and issues within 14 days after filing the appeal notice. The appellee may identify additional materials within 14 days after receiving that filing. The appellant’s brief is due 30 days after the record is transmitted or made available electronically; the appellee’s brief is due 30 days later; and any reply is due 14 days after the appellee’s brief, subject to the stated timing requirement before argument.
Judge Katherine Polk Failla ordered the parties to follow these deadlines and the applicable bankruptcy-appeal rules. The order warns that an appellant’s failure to comply may result in dismissal of the appeal, while an appellee’s failure may lead the court to consider the appeal without the appellee’s brief. The order also waives the usual preliminary conference requirement for certain motions to dismiss based on missed bankruptcy-appeal deadlines.
The detailed version
- In Re: Madison Square Boys & Girls Club, Inc. · No. 1:22-cv-07575
- Katherine Failla
- Sept. 8, 2022
Background
The Southern District of New York docketed a bankruptcy appeal involving Madison Square Boys & Girls Club, Inc. The order states that the appeal was assigned to Judge Katherine Polk Failla for all purposes. It does not decide the underlying bankruptcy dispute.
Record Designations and Issues
Under Bankruptcy Rule 8009, the appellant must 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 filing the notice of appeal. Within 14 days after service of the appellant’s statement, the appellee may designate additional record items. If the appellee filed a cross-appeal, it must also submit a statement of the issues for that cross-appeal and designate additional record items.
Briefing Schedule
The court stated that the parties must file appeal briefs. The appellant’s brief is due within 30 days after docketing of notice that the record has been transmitted or is electronically available. The appellee’s brief is due within 30 days after service of the appellant’s brief. The appellant may file a reply brief within 14 days after service of the appellee’s brief, provided the reply is filed at least seven days before scheduled argument unless the court grants permission otherwise. The court adopted the time limits in Bankruptcy Rule 8018 as its order.
Warnings and Other Directions
The order warns that failure to comply with the order or with the time limits in Bankruptcy Rules 8002, 8009, or 8018 will result in dismissal of the appeal when the noncompliant party is the appellant. If the noncompliant party is the appellee, the court may consider the appeal without an appellee’s brief. Counsel must also follow Judge Failla’s individual practice rules when those rules do not conflict with the bankruptcy rules. The court waived the preliminary conference requirement for a party moving to dismiss the appeal for failure to comply with Rules 8002, 8006, or 8009.
Disposition
Judge Katherine Polk Failla entered a bankruptcy appeal scheduling order. The order set procedural deadlines and consequences for noncompliance; it did not resolve the merits of the appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.