Sullivan v. Clyde Bergemann, Inc.
Order re: 22 Notice of Settlement filed by Eugene Sullivan. Objection by Appellee Clyde Bergemann due 1/12/12. ( Objection due by 1/12/2012). If no objection is filed, then the motion to dismiss shall be granted and this appeal shall be dismissed without further action by the Court. Signed by Judge Kristi K. DuBose on 1/4/2012. (cmj)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
CLYDE BERGEMAN, INC., d/b/a
Civil Action No. 1:11-00384-KD-N
This action is before the Court on the Notice of Settlement filed by appellant Eugene
Sullivan. (Doc. 22). Sullivan reports that the parties have reached a settlement and requests that
his appeal be dismissed.
Rule 8001(c)(2), of the Federal Rules of Bankruptcy Procedure which governs voluntary
dismissal of an appeal after docketing, provides as follows:
If an appeal has been docketed and the parties to the appeal sign and file with the
clerk of the district court or the clerk of the bankruptcy appellate panel an
agreement that the appeal be dismissed and pay any court costs or fees that may
be due, the clerk of the district court or the clerk of the bankruptcy appellate panel
shall enter an order dismissing the appeal. An appeal may also be dismissed on
motion of the appellant on terms and conditions fixed by the district court or
bankruptcy appellate panel.
Fed. R. B. Proc. 8001(c)(2).
The Notice of Settlement was not signed by the “parties to the appeal” and cannot be
construed as “an agreement that the appeal be dismissed.” Id. Therefore, the Court will construe
the Notice of Settlement as a “motion of the appellant” for dismissal of the appeal “on terms and
conditions fixed by” this Court. Id.
Accordingly, Appellee Clyde Bergemann, Inc. d/b/a/ as Anthony-Ross Company, shall
file any objection on or before January 12, 2012. If no objection is filed, then the motion to
dismiss the appeal shall be GRANTED and this appeal shall be dismissed without further action
by the Court.
DONE and ORDERED this 4th day of January, 2012.
s/Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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