Free Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv-01372-JJF Document 32 Filed 11/18/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter ll
)
AMERICAN METROCOMM ) Case No. 00-3358 (FJW)
CORPORATION, et al., )
)
Debtors. )
)
) .
THOMAS ABRAMS, )
)
Appellant, )
)
v. ) Civil Action No. 04-1372 (HF)
)
AMC LIQUIDATING TRUST, )
) Refers to Docket Number 31
Appellee. )
OBJECTION OF THE TRUST ADMINISTRATOR TO TI-IE MOTION OF
THOMAS ABRAMS FOR EXTENSION OF TIME FOR FILING NOTICE OF APPEAL
` COMES NOW, Charles W. Stewart, the Trust Administrator for the AMC
Liquidating Trust, by and through his counsel and objects to the Motion of Thomas Abrams for
Extension of Time for Filing Notice of Appeal (Docket No. 3 I) as set forth below.
1. Mr. Abrams, the Appellant, has failed to state good cause for the extension
of time to tile notice of appeal.
2. Mr. Abrams, a pro se litigant, has engaged in a pattern of extensive,
arbitrary, vexatious and cbdurate litigation during the course of this case and, once again, seeks
to prolong the litigation in hopes of inducing the Trust Administrator to settle a zneritless case.
3. The time and effort Mr. Abrams has expended in tiling this motion to
preserve his right to tile an appeal is disproportionately large compared to the amount of effort it
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Case 1:04-cv-01372-JJF Document 32 Filed 11/18/2005 Page 2 of 3
would have taken him to properly tile a one—page notice of appeal as is required by the Federal
Rules of Appellate Procedure.
4. The filing of a notice of appeal does not require any extensive
documentation or the use of a computer. A notice of appeal can be neatly handwritten and tlled.
It need not contain any factual pleadings other than the notice that the appeal is being filed.
5. Failure to file a notice of appeal in a timely fashion deprives the Court of
Appeals for the Third Circuit of jurisdiction in this matter.
6. The time for filing a notice of appeal expired no later than Midnight on
Monday, November 14, 2005.
7. Rule 4(a)(5)(ii) of the Federal Rules of Appellate Procedure states that the
Court may grant an extension of time to tile a notice of appeal if the party shows excusable
neglect or good cause.
8. The Trust Administrator respectfully suggests that the effort displayed by
Mr. Abrams in filing this motion to extend time shows that he was not neglectful ot] or failed to
understand, the deadline.
9. The Trust Administrator respectfully suggests that the simplicity of tiling
a notice of appeal and Abranis’ failure to do so while filing a more complicated and unnecessary
pleading indicates that Abrams has not good cause for the delay but merely insists on "playing
lavvyer” to the detriment of the AMC Liquidating Trust and the Federal Judiciary. I
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Case 1:04-cv-01372-JJF Document 32 Filed 11/18/2005 Page 3 of 3
WHEREFORE, the Trust Administrator respectfully prays this Honorable Court
to deny the Motion of Thomas Abrams for Extension of Time for Filing Notice of Appeal and
for such other relief at law and in equity as this Court may deem to be proper.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Dated: / 2 if - "
»· D, Me Q M r. N0. ~ 123)
e Brandywine Building
000 West Street, i7th Floor
Wilmington, Delaware 19801
P.O. Box 391
- Wilmington, Delaware 19899-0391
Telephone: (302) 571~6600
Facsimile: (302) 571-1253
e—maii: ]`[email protected]
Counsel for the chapter 11 Trustee
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