Construction Materials Company et al v. Cedar Corners Management, No. 2:2023cv00209 - Document 19 (D. Utah 2023)
Court Description: MEMORANDUM DECISION AND ORDER denying 14 Appellee's Motion to Dismiss. Signed by Judge Jill N. Parrish on 7/11/23. (dle)
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Construction Materials Company et al v. Cedar Corners Management Doc. 19 Case 2:23-cv-00209-JNP-CMR Document 19 Filed 07/11/23 PageID.74 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CONSTRUCTION MATERIAL COMPANTY, LLC; RALPH SMITH COMPANY, MEMORANDUM DECISION AND ORDER DENYING APPELLEE’S MOTION TO DISMISS Appellants, v. Case No. 2:23-cv-00209-JNP-CMR CEDAR CORNERS MANAGEMENT, LLC, District Judge Jill N. Parrish Appellee. Magistrate Judge Cecilia M. Romero Appellee Cedar Corners Management, LLC moved to dismiss this appeal pursuant to Rule 8018(a)(4) of the Federal Rules of Bankruptcy Procedure because Appellants Construction Materials Company, LCC and Ralph Smith Company failed to file their appellate brief by the appropriate deadline, which was May 31, 2023. ECF No. 14. Upon a finding that Appellee was not prejudiced by delay and that Appellants did not act in bad faith, the court granted Appellants an extension to file their brief until July 14, 2023 on June 23, 2023. ECF No. 17. Because Appellants were granted an extension to file their brief, there is no longer any cause to dismiss this appeal under Rule 8018(a)(4). Thus, the court DENIES Appellee’s motion to dismiss. DATED July 11, 2023 BY THE COURT ______________________________ Jill N. Parrish United States District Court Judge Dockets.Justia.com
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