case to appeal from a decision of the bankruptcy court Appelke trustee moved to dismiss the appeal for failure to prosecute under Fed R. of the six Poulis factors, Rye weighed in favor el dismissal and it was granted. Another court case for dissolving of marriage and property settlement. The case was c

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

ase to appeal from a decision of the bankruptcy court. Appellee trustee moved to dismiss the appeal for failure to prosecute under Fed P. of the sty Poulis factors, five weighed in favor of dismissal and it was granted. Another court case for assaying of menage and property settlement. The case was conc

Page 3 2012 U.S. Dist. LEXIS 93633, * [HN3] Not all of the Poulis factors need be met for a district court to find dismissal is warranted. However, courts must consider and balance all six Poulis factors before di

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 appellant's counsel

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

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

hat North Shore could successfully challenge the bankruptcy court's exercise of its broad discretion as to such matters is minimal. Thus, the final Poulis factor weighs in favor of dismissal. Cf. Buccolo, 308 Fed. Appx. 574, at n.1 ( [HN28] "[a] claim ... will be deemed meritorious when the allegations

ovide any explanation for the failure, even after the court's inquiry into delinquency). Given that backdrop, the Court will now assess whether the Poulis factors favor or disfavor dismissal. I Extent of North Snores Personal Responsibility The first Poulis factor assesses the extent of the appellant

mance. (May 26, 2010, Bankr. Summ. J. 7, ECF No. 1, Ex. 3). North Shore has a sufficient history of dilatoriness in this matter such that the third Poulis factor weighs in favor of dismissal. See, e.g., Buccolo, 308 Fed. Appx. 574, at *575 (affirming district court's dismissal of the bankruptcy appeal

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

ase to appeal from a decision of the bankruptcy court. Appellee trustee moved to dismiss the appeal for failure to prosecute under Fed R. of the six Poulis factors, five weighed in favor of dismissal and it was granted. Mother court case for disscivino of maniaoe and property settlement. The case was co

ase to appeal from a decision of the bankruptcy court. Appellee trustee moved to dismiss the appeal for failure to prosecute under Fed R. of the six Poulis factors, five weighed in favor of dismissal and it was granted. Another court case for dissolving of marriage and property settlement. The case was