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James A. Hennefer (SBN 59490)

HENNEFER, FINLEY & WOOD, LLP

425 California Street, 19th Floor

San Francisco, CA 94104-2296

Telephone: (415) 421-6100

Facsimile: (415) 421-1815

jhennefer@hennefer-wood.com

Special Counsel for 

Plaintiff-Appellee

Mohamed Poonja

IN THE UNITED STATES COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

 

 In re: Case No. CV 17-cv-0858 EJD

 SAN JOSE AIRPORT HOTEL, LLC, dba

 HOLIDAY INN SAN JOSE, (U.S. Bankruptcy Court, N. Dist. Calif.

 MOBEDSHAHI HOTEL GROUP, (San Jose) Case No. 09-51045-SLJ;

Jointly Administered with 09-51073-SLJ;

Adv. Pro. No. 11-05236)

______________________________________

 MOHAMED POONJA, UNOPPOSED MOTION 

FOR EXTENSION OF TIME 

TO FILE APPELLEE’S REPLY

Plaintiff-Appellee BRIEF; AND

[PROPOSED] ORDER

 vs.

 CHANDRAKANT SHAH 

Defendant-Appellant

 

Plaintiff-Appellee Mohamed Poonja, byand through his counsel ofrecord, herebymoves the Court

for a 12 day extension of time, from August 18, 2017, to and including August 30, 2017, to file the

appellee’s reply brief in this matter.

__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE Case No. CV 17 0858 EJD

APPELLEE’S REPLY BRIEF -1-
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In support of this motion, James A. Hennefer declares as follows:

1. I am counsel for Mohamed Poonja in this appeal. I was trial counsel in the underlying

adversary proceeding before the United States BankruptcyCourt and I am the sole counsel for Mr. Poonja

on appeal.

2. This appeal involves three prior proceedings and the records from those proceedings. It

involves primarily an adversary proceeding Poonja v. Sevak & Sons, LLP, et al., United States

Bankruptcy Court for the Northern District of California (San Jose Division) Adv. No. 11– 05236. There

are also two prior bankruptcy proceedings giving rise to the adversary proceeding, that were chapter 11

proceedings converted to chapter 7 proceedings: a) In re San Jose Airport Hotel, LLC, United States

BankruptcyCourt for the Northern District of California (San Jose Division), Case No. 09-51045-SLJ; and

b) In re Mobedshahi Hotel Group, United States BankruptcyCourt for the Northern District of California

(San Jose Division), Case No. 09-51073-SLJ. There are over four hundred docket entries in these

proceedings. Appellant designated 56 of these docket entries in its designation of the record (Doc. No.

4-1) consisting of hundreds of pages of materials. (Docs. Nos. 4-2 through 4-26)

3. Appellant’s opening brief was originally due on April 3, 2017. With the consent of

Appellee, Appellant moved for a 30-day extension of time to file his brief, to and including May 3, 2017. 

(Doc. No. 8) The Court granted Appellant’s motion. (Doc. No. 9) Appellant filed his opening brief on

May 3, 2017. 

4. Appellee filed his opening brief on July 3, 2017 (Doc. No. 14) after being granted one

unopposed extension of 30 days.

5. Appellant sought and received two unopposed extensions to file his reply brief. This reply

brief was filed on August 4, 2017. (Doc. No. 19)

6. Appellee’s reply brief would be due on August 18, 2017. Appellee has not sought nor

received any extensions of time for this brief. Due to the extensions granted to Appellant, the schedule

for Appellee’s reply brief came into conflict with a several medical tests and examinations that had to be

scheduled months ago, within a 30 day window in advance of major surgery set for September 12, 2017. 

These could not be rescheduled without postponing the surgery and they require my seeking additional

time for the reply brief.

__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE Case No. CV 17 0858 EJD

APPELLEE’S REPLY BRIEF -2-
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7. I have contacted Dennis Riordan, counsel for Appellant, and he has agreed to the extension

for Appellee to file his reply brief, subject to the Court’s approval.

8. I have exercised reasonable diligence in this matter and will file the reply brief on or before

the date requested, August 30, 2017, if this motion is granted.

Sworn to under penalty of perjury and executed this 15th day of August, 2017 pursuant to the laws

of the United States of America and of the State of California, at San Francisco California.

 

 /s/ James A. Hennefer 

 James A. Hennefer

For the foregoing reasons, it is respectfully requested that the Court grant Appellee a 12 day

extension of time to file Appellee’s reply brief, to and including August 30, 2017.

Dated: August 15, 2017

Respectfully submitted, HENNEFER, FINLEY & WOOD, LLP

By: /s/ James A. Hennefer 

 James A. Hennefer

Special Counsel for Mohamed Poonja,

Chapter 7 Trustee for San Jose Airport 

Hotel, LLC, dba Holiday Inn San Jose, and

Mobedshahi Hotel Group

__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE Case No. CV 17 0858 EJD

APPELLEE’S REPLY BRIEF -3-
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IN THE UNITED STATES COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

 

 In re: Case No. CV 17-cv-0858 EJD

 SAN JOSE AIRPORT HOTEL, LLC, dba

 HOLIDAY INN SAN JOSE, (U.S. Bankruptcy Court, N. Dist. Calif.

 MOBEDSHAHI HOTEL GROUP, (San Jose) Case No. 09-51045-SLJ

Jointly Administered with 09-51073-SLJ;

Adv. Pro. No. 11-05236)

______________________________________

[PROPOSED] ORDER EXTENDING TIME

 MOHAMED POONJA, TO FILE APPELLEE’S OPENING BRIEF

Plaintiff-Appellee

 vs.

 CHANDRAKANT SHAH 

Defendant-Appellant

 

Appellee having moved the Court and good cause appearing therefor, 

IT IS HEREBY ORDERED that the Plaintiff-Appellee Mohamed Poonja be permitted to file his opening

brief in this appeal on or before August 30, 2017

Dated: August ______, 2017

_________________________________________

 HONORABLE EDWARD J. DAVILA

 United States District Court Judge

__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE Case No. CV 17 0858 EJD

APPELLEE’S REPLY BRIEF -4-

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CERTIFICATE OF SERVICE

I hereby certify that on August 15, 2017, I electronically filed the foregoing with the Clerk of the

Court for the United States District Court for the Northern District of California by using the CM/ECF

system.

Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. 

A certificate of service for mailing as to all participants in the case who are not registered CM/ECF users

will be filed with the Clerk of the Court

 /s/ James A. Hennefer 

__________________________________________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION TO FILE Case No. CV 17 0858 EJD

APPELLEE’S REPLY BRIEF -5-