Rizzi v. Christopher Palms, LLC

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA [3] KEVIN JULIAN RIZZI, ) 4 ) Appellant, ) Case No.: 2:24-cv-00503-GMN [5] vs. ) ) ORDER DISMISSING APPEAL [6] CHRISTOPHER PALMS, LLC, et al., ) WITHOUT PREJUDICE 7 ) Appellees. ) 8 ) [9] 10 On May 1, 2024, the Court issued an Order to Show Cause, (ECF No. 9), requiring 11 Appellant Kevin Julian Rizzi to explain why he failed to perfect his appeal pursuant to Federal 12 Rule of Bankruptcy Procedure 8009. The Court gave Appellant until May 15, 2024, to file a 13 written response, and advised him that his failure to perfect his appeal or show adequate cause 14 would result in dismissal of his appeal. Id. The deadline has now passed, and the Court has not 15 received a response. 16 Accordingly, the Court finds that considering Appellant’s “failure to perfect his appeal 17 and his failure to comply with this Court’s Order to Show Cause, that there is no less drastic 18 sanction available, and that the appeal must be DISMISED WITHOUT PREJUDICE.” Pan 19 v. Ralph Partners II, LLC, No. 18-cv-04444, 2018 WL 3861804 , at *1 (N.D. Cal. Aug. 14, 20 2018); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1261-61 (9th Cir. 1992) (consideration of 21 alternatives is satisfied where the court expressly warned that failure to abide by a court order 22 will result in dismissal); In re Marsh, 19 F. App’x 727, 729 (9th Cir. 2001) (holding that a 23 three-month delay in designating the record on appeal was an “inexcusably flagrant violation of 24 the court’s rules” and warranted dismissal). [25] 1 The Clerk of Court is kindly instructed to close this appeal and send a copy of this Order 2 the United States Bankruptcy Court for the District of Nevada for filing in BK-23-1509703 || hlb and Adv. 23-01160-hlb. 4 DATED this 29 day of May, 2024. [6] 7 Gloria avarro, District Judge 8 UNITED STATES DISTRICT COURT [10] 1] [25] Page 2 of 2