Listecki v. Official Committee of Unsecured Creditors
ORDER signed by Judge Rudolph T. Randa on 4/18/2013 GRANTING 10 Motion to clarify. Briefing schedule 7 is VACATED; Docketing and briefing to proceed per bankruptcy rules. (cc: all counsel) (cb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
In re Archdiocese of Milwaukee,
Bankruptcy Case No. 11-20059-SVK
ARCHBISHOP JEROME E. LISTECKI, as
Trustee of the Archdiocese of Milwaukee Catholic
Cemetery Perpetual Care Trust,
Case No. 13-C-179
Adv. Proc. No. 11-2459-SVK
OFFICIAL COMMITTEE OF UNSECURED CREDITORS,
DECISION AND ORDER
On April 1, the Court granted the appellant’s motion for leave to pursue an
interlocutory appeal. On April 10, the Court directed the Clerk’s office to send a letter
establishing a briefing schedule for the appeal pursuant to Federal Rule of Bankruptcy
Appellate Procedure 8009. The appellant now moves to clarify, arguing primarily that a
briefing schedule is premature because the record on appeal has not been completed and
transmitted from the bankruptcy court to the district court. Fed. R. Bankr. P. 8007(b);
8009(a)(1) (“The appellant shall serve and file a brief within 14 days after entry of the appeal
on the docket pursuant to Rule 8007”).
The reason the Court directed the Clerk to establish a briefing schedule is because it
seemed as if the complete record had already been transmitted pursuant to Rule 8007. See
ECF No. 1, Attachment designated “Record on Appeal.” Obviously, the Court was mistaken.
Therefore, the appellant’s motion to clarify [ECF No. 10] is GRANTED. The briefing
schedule [ECF No. 7] is VACATED.
Docketing and briefing should proceed as
contemplated by the bankruptcy rules.
Dated at Milwaukee, Wisconsin, this 18th day of April, 2013.
BY THE COURT:
HON. RUDOLPH T. RANDA
U.S. District Judge