In Re: The Roman Catholic Diocese of Rockville Centre, New York
- James Oetken
- 1:23-cv-09210
- U.S. District Court · Southern District of New York
- 1
In re: The Roman Catholic Diocese of Rockville Centre, New York: Judge Oetken discharged the show-cause order, allowing the appellants’ appeal to proceed.
The appellants—ARK235 DOE, ARK242 DOE, ARK321 DOE, ARK 38 DOE, and ARKS90 Doe—may proceed with their appeal against The Roman Catholic Diocese of Rockville Centre, New York.
What happened
In re: The Roman Catholic Diocese of Rockville Centre, New York concerns an appeal by ARK235 DOE, ARK242 DOE, ARK321 DOE, ARK 38 DOE, and ARKS90 Doe.
The court had ordered the appellants to explain why their appeal should not be dismissed for failing to comply with a bankruptcy filing requirement.
After considering Patrick Stoneking’s declaration, Judge Oetken ruled that dismissal was not warranted. He discharged the order to show cause, and the appellants may proceed with their appeal.
The detailed version
- In Re: The Roman Catholic Diocese of Rockville Centre, New York · No. 1:23-cv-09210
- James Oetken
- Dec. 1, 2023
Background
The appeal was brought by ARK235 DOE, ARK242 DOE, ARK321 DOE, ARK 38 DOE, and ARKS90 Doe. On November 20, 2023, the court ordered the appellants to show cause—meaning to explain—why their appeal should not be dismissed for failing to comply with Federal Rule of Bankruptcy Procedure 8009(a)(1)(B)(i). The court considered a declaration from Patrick Stoneking, identified as ECF No. 15.
Ruling
The court concluded that dismissal of the appeal was not warranted. It discharged the order to show cause, allowing the appellants to proceed with their appeal. The order cited In re Tampa Chain Co., Inc., 835 F.2d 54, 55 (2d Cir. 1987).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.