In Re: Motors Liquidation Company, No. 1:2010cv04322 - Document 5 (S.D.N.Y. 2010)

Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, the appeal is dismissed without prejudice for failure to prosecute. If, however, the appellant files by November 15, 2010, an application showing good cause why an extension should be granted, then this order of dismissal without prejudice shall be vacated and the case restored to the Court's calendar. (Signed by Judge John G. Koeltl on 10/19/2010) (jfe)
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In Re: Motors Liquidation Company Doc. 5 USDSSDNY DOCUMENT ELECTRONICALLY FILED DOC#: ______ DATE FILED: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: MOTORS LIQUIDATION COMPANY, f/k/a GENERAL MOTORS CORPORATION, 10 Civ. 4322 (JGK) Debtor. MEMORANDUM OPINION AND ORDER STANLEY R. STASKO, Appellant, ­ against MOTORS LIQUIDATION COMPANY, f/k/a GENERAL MOTORS CORPORATION, Defendant. JOHN G. KOELTL, District Judge: On June 1, 2010, the appellant filed an appeal to this Court from a decision of the United States Bankruptcy Court for the Southern District of New York (Gerber, J.) dated April 21, 2010. The time for the appellant to file his brief in support of the appeal was set for June 21, 2010. The appellant did not file a brief, and on August 23, 2010, his time to do so was extended to September 20, 2010. The appellant has not filed a brief nor taken any other action to prosecute this case. Accordingly, the appeal is dismissed without prejudice for failure to prosecute. See, e.g., Stoenescu v. Jablonsky, 162 F.R.D. 268 (S.D.N.Y. 1995) i see also Lyell Theatre Corp. v. Leows Corp., 682 F.2d 37, 43 (2d Cir. 1982). If, however, the appellant files by November 15, 2010, an application showing Dockets.Justia.com good cause why an extension should be granted/ then this order of dismissal without prejudice shall be vacated and the case restored to the Court's calendar. SO ORDERED. Dated: New York, New York October 19, 2010 G. Koeltl States District Judge 2