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S.D.N.Y.Procedural orderFiled Jan. 20, 2023

In Re: Tronox Incorporated

Judge
John Cronan
Docket
1:21-cv-07785
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureBankruptcy
In one sentence

In re: Tronox Incorporated: Judge Cronan extended appeal deadlines and warned that further missed deadlines could lead to dismissal for failure to prosecute.

Who this affects

The appellants and appellee in the six consolidated appeals involving Tronox Incorporated were affected by the extended briefing deadlines and the warning that further missed deadlines could lead to dismissal for failure to prosecute.

What happened

In re: Tronox Incorporated involves several consolidated appeals whose appellants had been ordered to file briefs by January 19, 2023. The docket did not show that the remaining appellants had filed their briefs by that deadline.

The court extended the appellants’ brief deadline to January 26, 2023. It also extended the appellee’s deadline for one combined brief to February 28, 2023, and the deadline for any appellant reply briefs to March 14, 2023.

Judge Cronan warned that another failure to meet the deadlines, including failure to file the main briefs by January 26, could lead to dismissal of the appeals for failure to prosecute. The order did not dismiss the appeals or decide their merits.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
In Re: Tronox Incorporated · No. 1:21-cv-07785
Judge
John Cronan
Date
Jan. 20, 2023

Background

The court was handling six consolidated appeals involving Tronox Incorporated. On December 20, 2022, it ordered the appellants to file their briefs by January 19, 2023. That deadline passed, and the docket did not show that any remaining appellant had filed a brief.

Order

The court extended the appellants’ deadline to file their briefs to January 26, 2023. It extended the appellee’s deadline to file one combined brief to February 28, 2023, and extended the deadline for any appellant reply briefs to March 14, 2023.

The court warned that another failure to follow its deadlines, including failure to file the main briefs by January 26, 2023, could result in dismissal of the appeals for failure to prosecute. Failure to prosecute means failing to move a case forward. The court directed the appellee to address the possible dismissal issue in its brief, along with the merits of the appeals, if the appellants again failed to file their briefs.

Actions Covered

The Clerk was directed to enter the order in Turner v. Tronox Incorporated, No. 21 Civ. 7785; Perrins v. Tronox Incorporated, No. 21 Civ. 8501; Davis v. Tronox Incorporated, No. 21 Civ. 8507; Saddler v. Tronox Incorporated, No. 21 Civ. 8599; Smith v. Tronox Incorporated, No. 21 Civ. 10910; and Carr-McCoy v. Tronox Incorporated, No. 22 Civ. 230. The appellee was directed to serve each appellant with a copy of the order by overnight courier.

The order changed filing deadlines and issued a warning. It did not dismiss any appeal and did not decide the underlying legal issues.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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