Local Rule CIV. RULE 601.3: PROSECUTING APPEAL

CIV. RULE 601.3 PROSECUTING APPEAL. (a) Designation of Record and Statement of Issues. An appellant must, within 14 days after filing the notice of appeal, file with the Bankruptcy Court a designation of items to be included in the record on appeal and a statement of issues to be presented on appeal. Within 14 days after service of the appellant's designation, an appellee may file a designation of additional items to be included in the record on appeal. The appellee shall not file a statement of issues unless it is also a cross-appellant. (b) Required Contents & Prohibited Contents, Designation. The designation must include the judgment, order, or decree that is the subject of the appeal, any related findings or conclusions stated on the record or set forth in a written opinion, transcript(s) (if any), and motions, objections, and memoranda related to the judgment, order, or decree on appeal. Except for a written or supplemental opinion as authorized under Local Civil Rule 601.2, the designation shall not include any documents that were not before the Bankruptcy Court at the time the decision on appeal was rendered. (c) Transcript(s). If a party intends to include a transcript of a hearing as part of the record on appeal, that party must order the transcript in writing from the reporter at the time it files its designation and make satisfactory arrangements for its payments. (d) Request for Mediation and Stay of Briefing Schedule. If any party seeks mediation, that party must file a formal Request for Mediation, which is accessible on the Court's website, within 14 days of the filing of the designation of record. Within 7 days after filing of that Request for Mediation, an opposing party may file an opposition to that request. Within 7 days after the filing of the opposition, if any, the District Court shall rule on that Request for Mediation; if the District Court does not issue a ruling within 7 days, that Request shall be deemed denied. Unless otherwise ordered by the Court, a Request for Mediation, pending resolution, or a Mediation Order stays the briefing schedule set forth in Federal Rule of Bankruptcy Procedure 8018. Notwithstanding a Request for Mediation, the District Court may elect at any time to send any case to mediation, pursuant to Local Civil Rule 301.1. (e) Effect of Failure to Designate Record. a. Ground for Dismissal. The appellant's failure to file the designation of the record and statement of issues required under Federal Rule of Bankruptcy Procedure 8009(a) and these Local Civil Rules is a ground for dismissal of the appeal. b. Bankruptcy Clerk Certification to District Court. The Clerk of the Bankruptcy Court shall transmit to the District Court a certification of an appellant's failure to timely file the designation of the record and statement of issues required by Federal Rule of Bankruptcy Procedure 8009(a) and these Local Civil Rules. c. Dismissal. Upon receipt from the Bankruptcy Court of a certification of an appellant's failure to timely file the designation of the record and statement of issues, the District Court will enter an order to show cause as to why appellant's failure should not warrant dismissal of the appeal. If appellant fails to respond within 14 days or responds but fails to demonstrate sufficient good cause, the District Court shall dismiss the appeal.