EFTA01407189Set 10
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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 ... failure to follow the court's scheduling
order. Nonetheless,
on balance, the Poulis factors demonstrated that dismissal of the appeal was
an
appropriate sanction for appellant's failure to file ... Before such a dismissal occurs, a district court must consider six
factors outlined in
Poulis v. State Farm Fire and Cas. Co. In Poulis, the U.S. Court of Appeals
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01407189.pdf
EFTA01295845Set 10
2016-10-1252p21,251w
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 ... failure to follow the court's scheduling order. Nonetheless.
on balance, the Poulis factors demonstrated that dismissal of the appeal was an
appropriate sanction for appellant's failure to file ... Before such a dismissal occurs, a district court must consider six factors outlined in
Poulis v. State Farm Fire and Cas. Co. In Poulis, the U.S. Court of Appeals
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01295845.pdf
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 ... dismissal of a bankruptcy appeal for failure to prosecute upon
consideration of the Poulis factors).
1 (I-IN2) 'An appeal from a judgment, order, or decree of a bankruptcy judge ... appeal... 1 FED. R.
BANKR. P. 8CO1(a) (2011).
[HN3J "Not all of the() Poulis factors need be met for a district court to find dismissal is
warranted." Hicks
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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 ... balance all six Poulis factors before
dismissing a case with prejudice, and all doubts must be resolved in favor of an
adjudication on the merits.
Bankruptcy Law > Practice & Proceedings > Appeals ... counsel.
Bankruptcy Law > Practice & Proceedings > Appeals > Procedures
[HN6] Prejudice for the purpose of the Poulis factors does not mean irremediable harm.
Rather, the burden imposed by impeding the opposing party
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01363324.pdf
EFTA01363330Set 10
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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 ... dismissal
under Bankruptcy Rule 8001").
4. Willfulness and Sae Faith
[HN9) The fourth Poulis factor considers whether the conduct of the appellant or of the
appellant's attorney was willful ... process" because "[h]e ignored the deadlines issued by the
District Court"). The fourth Poulis factor therefore weighs in favor of dismissal.
5. Effes-beefless of Alternative Sanctions
[HN10
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01363330.pdf
EFTA01363323Set 10
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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 ... failure to follow the court's scheduling order Nonetheless,
on balance. the Poulis factors demonstrated that dismissal of the appeal was an
appropriate sanction for appellant's failure to file ... Before such a dismissal occurs, a district court must consider six factors outlined in
Poulis v. State Farm Fire and Cas. Co. In Poulis, the U.S. Court of Appeals
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01363323.pdf
EFTA01363334Set 10
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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 ... claimant) (internal citations omitted) (first
alteration in the original).
N. CONCLUSION
Of the six Poulis factors, five weigh in favor of dismissal and one weighs against dismissal.
The Court takes ... failure to follow the Court's scheduling order. Nonetheless, on
balance, the Poulis factors demonstrate that dismissal of this appeal is an appropriate
sanction for North Shore's failure
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01363334.pdf
EFTA01363329Set 10
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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 ... Shore's failure to
comply with the Court's original scheduling order, the first Poulis factor does not
necessarily weigh in favor of dismissal.
However, [HN5] North Shore's "lack ... cannot always avoid the consequences of the acts
or omissions of its counsel." See Poulis, 747 F.2d at 868; see also Ware v. Rodale Press,
Inc., 322 F.3d
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01363329.pdf
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 ... would
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
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01363331.pdf