Epstein Secrets

set out the basis for its conclusions in such a way to permit meaningful review of its decision. In reviewing similar cases in other circuits, the Richardson court noted that [HN4] " '[d]ismissal typically occurs in cases showing consistently dilatory conduct or the complete failure to take any steps oth

decision of the bankruptcy court. Appellee trustee moved to dismiss the appeal for failure to prosecute under Fed. R. Bankr. P. 8001(a). Of the six Poulis factors. five weighed in favor of dismissal and one weighed against dismissal. The court took into account the possibility that appellants counsel h

set out the basis for its conclusions in such a way to permit meaningful review of its decision. In reviewing similar cases in other circuits, the Richardson court noted that [HN4)" '[d]ismissal typically occurs in cases showing consistently dilatory conduct or the complete failure to take any steps othe

Page 8 2012 U.S. Dist. LEXIS 93633, * 747 F.2d 863, 868 (3d Cir. 1984) [hereinafter Poulis]. In Poulis, the Third Circuit stated that a district court rill must balance the following factors: 1) the extent of the party's personal responsi

s the effectiveness of alternative sanctions. Cf. Richardson, 189 Fed. Appx. 93, at *98 (finding dismissal in

his appeal. [*16] Thus, the ineffectiveness of alternative sanctions weighs in favor of dismissal. 6 Morn of North Shore's Appeal [HN11] The sixth Poulis factor considers the meritoriousness of the appellant's claim. 747 F.2d at 868. "Ordinarily, '[a] claim, or defense, will be deemed meritorious when

rocedures set out in the Bankruptcy Rules." In re Richardson Industrial Contractors, Inc., 189 Fed. Appx. 93,

rs, Inc., 189 Fed. Appx. 93, at *96 (3d Cir. 2006). Before such a dismissal occurs, however, a district court must consider six factors outlined in Poulis v. State Farm Fire and Cas. Co., For internal use only CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0053285 CONFIDENTIAL SDNY_GM_001