Manchanda v. Senderoff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

RAHUL D. MANCHADA, Appellant, No. 24-CV-7284 (KMK) v. ORDER DOUGLAS M. SENDEROFF, Appellee.

KENNETH M. KARAS, United States District Judge: On September 26, 2024, Appellant Rahul D. Manchada (“Manchada” or “Appellant”), filed an appeal from a Bankruptcy Court order by Judge Sean Lane (the “Appeal”). (See Dkt.

No. 1.) Under Federal Rule of Bankruptcy Procedure (“Rule”) 8009, an appellant is required to file “a designation of the items to be included in the record on appeal and a statement of the issues to be presented.” See Fed. R. Bankr. P. 8009(a)(1)(A). The record must include: “docket entries kept by the bankruptcy clerk; items designated by the parties; notice of appeal; the judgment, order or decree being appealed; any order granting leave to appeal; any certification required for direct appeal to the court of appeals; any opinion, findings of fact, and conclusions of law relating to the issues on appeal, including transcripts of all oral rulings; any transcript ordered under subdivision [8009](b); any statement required by subdivision [8009](c); and any additional items from the record that the court where the appeal is pending orders.” See id. 8009(a)(4). Appellant failed to provide such a record and failed to provide a designation of items to be included in the record. (See Dkt. No. 1.) A failure to comply with Rule 8009 may result in dismissal of the Appeal. See In re Bauman, No. 24-CV-1564, 2025 WL 580392, at *1 (S.D. Cal. Feb. 21, 2025) (“An appellant's failure to comply with [Rule 8009’s] requirements can be grounds for the district court to dismiss the appeal”). For the following reasons, it is: ORDERED that Appellant provide the required documentation within two weeks.

Failure to comply with this order will result in dismissal. No extensions will be granted.

SO ORDERED.

Dated: April 22, 2025 White Plains, New York etna mn % KENNETH M. KARAS United States District Judge