Theokary v. Shay et al

UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
In re 	: 	Chapter 7
RAFAIL THEOKARY 	:
Debtor(s) 	: 	Bky. No. 07-11008ELF
:
RAFAIL THEOKARY 	:
Plaintiff(s) 	:
:
v. 	:
:
TOM SHAY, ERIC ABBATIELLO, 	:
D/B/A ABBATIELLO RACING STABLES, 	:
SHOWPLACE FARMS, GAITWAY FARM, 	:
INC. AND ANY JOHN DOES (1-10) ENTITIES 	:
OR LEGAL ENTITIES THAT BECOME KNOW 	:
AFTER FILING 	:
Defendant(s) 	: 	Adv. No. 09-00051ELF
:
O R D E 	R
AND NOW, Plaintiff Rafail Theokary having filed a Motion for Judgment on the
Pleadings (“the Motion”) (Docket Entry No. 32) on March 30, 2009,
AND, by Order dated April 1, 2009 (Docket Entry No. 33), the court having canceled a
hearing on the Motion self-scheduled by the Plaintiff due to the Plaintiff’s failure to comply with
L.B.R. 9014-3(c) and 5070-1,
AND, on May 4, 2009, the Plaintiff having filed a Second Notice of the Motion (“the
Second Notice”),
AND, the Second Notice also failing to comply with L.B.R. 9014-3(c),
AND, since March 30, 2009, the Defendants having failed to give the Defendants notice
of the deadline for filing a response to the Motion, see L.B.R. 9014-3(h), (i); L.B.F. 9014-3,
Case 09-00051-elf Doc 39 Filed 05/04/09 Entered 05/04/09 11:04:17 Desc Main
Document Page 1 of 2

AND, the Plaintiff therefore, having failed to prosecute the Motion in a manner that
would present the matter before the court in a timely fashion,
It is hereby ORDERED that the Motion DENIED for failure to comply with the rules of
court.
Date: 	May 4, 2009
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
Case 09-00051-elf Doc 39 Filed 05/04/09 Entered 05/04/09 11:04:17 Desc Main
Document Page 2 of 2