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its motion a designation of record and statement of issues. North Shore did not attach a brief. Subsequently, James P. Carroll, Chapter 7 Trustee ("Carroll"), filed a motion to dismiss this matter for lack of prosecution. North Shore did not file an opposition. On March 28, 2012, this Court entered an
ENTIAL — PURSUANT TO FED. R.cON(F IDENTIAL DB-SONY-0020028 EFTA_00 I 67772 EFTA01295869 Page 10 2012 U.S. Dist. LEXIS 93633, * 2 PrehjUdICO 10 Carroll The second Poulis factor considers prejudice to the appellee caused by the appellant's failure to meet scheduling orders and respond to discovery.
he bank account involved in the underlying matter, pending resolution of this appeal. Consequently, North Shore's lengthy delay has had an impact on the Bankruptcy Division's proceedings. Thus, the Court finds that the second Poulis factor weighs in favor of dismissal. 3. History or Dostortness [HN7] The third Poulis f
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iveness of the Court's prior orders setting deadlines for North Shore to file its appellant's brief, as well as North Shore's failure to respond to Carroll's motions to dismiss gives the Court reason to doubt the effectiveness of such sanctions. North Shore has demonstrated little urgency in litigating
ld constitute a complete defense." Buccolo, 308 Fed. Appx. 574, at n.1 (quoting Poulis, 747 F.2d at 869-70). In this appeal, North Shore challenges the Bankruptcy Division's grant of summary judgment to Carroll in the amount of $115,140. North Shore also challenges the Bankruptcy Division's decision to deny its motion f
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a sanction for the appellant's "repeated failures to adhere to ordered briefing deadlines"). For the reasons discussed above, the Court will grant Carroll's motion to dismiss for failure to prosecute. An appropriate order follows. JULITO A. FRANCIS, Petitioner v. DEBRA L. WRIGHT- FRANCIS, Respondent
st. LEXIS 93633, * supported by the law. See id. As such, the bankruptcy court did not err in refusing to reconsider on that basis. Upon review of the Bankruptcy Division's summary judgment and order denying reconsideration, the Court finds that the likelihood that North Shore could successfully challenge the bankruptc
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Mutual Connections (16)
Entities connected to both Carroll and the Bankruptcy Division's
Anderson
PERSON14 w/ Carroll·2 w/ the
Woody Allen
PERSON11 w/ Carroll·2 w/ the
Bill Richardson
PERSON11 w/ Carroll·2 w/ the
PO
Poulis
PERSON5 w/ Carroll·3 w/ the
North Shore's
LOCATION4 w/ Carroll·2 w/ the
St. John
LOCATION3 w/ Carroll·2 w/ the
JF
JULITO A. FRANCIS
PERSON3 w/ Carroll·2 w/ the
DW
DEBRA L. WRIGHT-
PERSON3 w/ Carroll·2 w/ the
Buccolo
ORGANIZATION3 w/ Carroll·2 w/ the
Division of St. Thomas
ORGANIZATION3 w/ Carroll·2 w/ the
Allen Products Co.
ORGANIZATION2 w/ Carroll·2 w/ the
E Toys Inc.
ORGANIZATION2 w/ Carroll·2 w/ the
Seymour Hersh
PERSON2 w/ Carroll·2 w/ the
Lobby, Inc.
ORGANIZATION2 w/ Carroll·2 w/ the
MU
Mundy
PERSON2 w/ Carroll·2 w/ the
Atamian
ORGANIZATION2 w/ Carroll·2 w/ the