in Re: 22 Fiske Place, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------x 21 Civ. 8087 (KPF) In re : 21 Civ. 8090 (KPF) : 21 Civ. 8093 (KPF) 22 FISKE PLACE, LLC, : : Case No. 15-11410 (SCC) Debtor. : : BANKRUPTCY APPEAL : SCHEDULING ORDER ------------------------------------------------------x

KATHERINE POLK FAILLA, District Judge:

The above-captioned bankruptcy appeals have been assigned to me for all purposes. The appeals were docketed in the United States District Court for the Southern District of New York. On September 29, 2021, Appellant filed a designation of the items to be included in the record on appeal and a statement of the issues to be presented. (No. 21 Civ. 8087, Dkt. #2; No. 21 Civ. 8090, Dkt. #3; No. 21 Civ. 8093, Dkt. #3). Rule 8009 of the Federal Rules of Bankruptcy Procedures provides that within 14 days after the service of the appellant’s statement, the appellee may file and serve on the appellant a designation of additional items to be included in the record on appeal and, if the appellee has filed a cross-appeal, the appel- lee as cross appellant shall file and serve a statement of the issues to be pre- sented on the cross appeal and designation of additional items to be included in the record. See also Local Civil Rule 8009-1 (filing requirements for desig- nated items). The filing of appeal briefs is not excused in this case. The briefing sched- ule and format and length specifications set forth in the applicable provisions of Federal Rules of Bankruptcy Procedure 8015 through 8018 shall govern un- less otherwise ordered by the Court. The time limits set forth in Rule 8018 are adopted as the Order of this Court, so that the appellant must serve and file a

brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically; the appellee must serve and file a brief within 30 days after service of the appellant’s brief; and the appellant may serve and file a reply brief within 14 days after service of the appellee’s brief, provided that the reply brief is filed at least 7 days before scheduled argument absent leave from the Court. THE FAILURE TO COMPLY WITH THIS ORDER AND/OR THE TIME LIMITS IN RULES 8002, 8009, OR 8018 WILL RESULT IN DISMISSAL OF THE

APPEAL (IN THE CASE OF THE APPELLANT) OR CONSIDERATION OF THE APPEAL WITHOUT AN APPELLEE’S BRIEF (IN THE CASE OF THE APPELLEE). The parties are directed to review and comply with the Court’s Individual Rules of Practice in Civil Cases (available at the Court’s website, https://nysd.uscourts.gov/hon-katherine-polk-failla) to the extent they are not inconsistent with the Federal Rules of Bankruptcy Procedures. The premotion conference requirement under my Individual Practices is waived for any party moving to dismiss an appeal for failure to comply with Rules 8002, 8006,

and/or 8009. See In re Christine Charter Lynch, 430 F.3d 600 (2d Cir. 2005) (per curiam). SO ORDERED.

Dated: October 1, 2021 Kates fats. fiulo- New York, New York KATHERINE POLK FAILLA United States District Judge