In Re: 208-214 E. 25th St. LLC
- Katherine Failla
- 1:23-cv-02632
- U.S. District Court · Southern District of New York
- 2
In re 208-214 E. 25th St. LLC, Judge Failla set bankruptcy-appeal deadlines and warned that noncompliance could lead to dismissal or proceeding without an appellee’s brief.
The appellant and appellee in the bankruptcy appeal, as well as their counsel, are affected by the record-designation, briefing, and deadline requirements.
What happened
In re 208-214 E. 25th St. LLC is a bankruptcy appeal assigned to the U.S. District Court for the Southern District of New York. The order explains the deadlines for identifying the appeal record and the issues to be presented.
The appellant must file those materials within 14 days after filing the notice of appeal. The appellee has 14 days after receiving the appellant’s filing to designate additional record items. The court also required appellate briefs under the applicable bankruptcy rules.
The order adopts briefing deadlines and warns that failing to follow the order or specified rules could result in dismissal of the appeal if the appellant is at fault, or consideration of the appeal without an appellee’s brief. Judge Katherine Polk Failla also waived the usual premotion conference for certain motions to dismiss based on missed bankruptcy-appeal deadlines.
The detailed version
- In Re: 208-214 E. 25th St. LLC · No. 1:23-cv-02632
- Katherine Failla
- Mar. 31, 2023
Nature of the Order
This is a scheduling order for a bankruptcy appeal. The appeal was docketed in the U.S. District Court for the Southern District of New York and assigned to Judge Katherine Polk Failla for all purposes. The opinion does not decide the merits of the bankruptcy appeal.
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 those materials, the appellee may designate additional record items. If the appellee filed a cross-appeal, it must also identify the issues presented and designate additional items for that cross-appeal. The order also references Local Civil Rule 8009-1 regarding filing requirements.
Briefing Schedule
The court did not excuse the filing of appeal briefs. The applicable requirements in Bankruptcy Rules 8014 through 8018 govern the briefs’ format and length unless the court orders otherwise. The order adopts these time limits:
- The appellant must serve and file its brief within 30 days after notice that the record has been transmitted or is electronically available. - The appellee must serve and file its brief within 30 days after service of the appellant’s brief. - The appellant may serve and file a reply brief within 14 days after service of the appellee’s brief, but the reply must be filed at least 7 days before scheduled argument unless the court grants permission otherwise.
Consequences of Missing Deadlines
The order states that failure to comply with the order or with Rules 8002, 8009, or 8018 will result in dismissal of the appeal when the failure is by the appellant, or consideration of the appeal without an appellee’s brief when the failure is by the appellee. The order further waives the premotion conference requirement for a party moving to dismiss an appeal for failure to comply with Rules 8002, 8006, or 8009.
Disposition
The court entered the scheduling order and set the stated requirements. It did not grant or deny a merits-based motion and did not resolve the underlying bankruptcy dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.