In re: Michael Joel Kamen

Filing 9

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF JURISDICTION by Judge Fernando M. Olguin. Appellant shall show cause in writing by 6/18/2014; appelles shall file a written response by 6/25/2014. (vdr)

Download PDF
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 14-3543 FMO Title In Re: Michael Joel Kamen Present: The Honorable Date June 11, 2014 Fernando M. Olguin, United States District Judge Vanessa Figueroa None None Deputy Clerk Court Reporter / Recorder Tape No. Attorney Present for Plaintiff(s): Attorney Present for Defendant(s): None Present None Present Proceedings: (In Chambers) Order to Show Cause Re: Dismissal for Lack of Jurisdiction On May 8, 2014, this bankruptcy action was appealed to this court pursuant to 28 U.S.C. §§ 158(a) & (b). (See Notice of Appeal, filed on May 8, 2014). The bankruptcy order being appealed is the Order Appointing Howard Weg as Receiver, filed on April 21, 2014. (See id. at Exh. A). While appellant has not sought leave to appeal, the court will consider appellant’s notice of appeal as a motion for leave to appeal. See Fed. R. Bankr. P. 8003(c). District courts have jurisdiction to hear appeals from final judgments, orders and decrees, and interlocutory orders and decrees with leave of the court. See 28 U.S.C. §§ 158(a)(1) & (3). It appears to the court that the appointment of a receiver constitutes an interlocutory order, which is not appealable as of right. See In re Protron Digital Corp., 2011 WL 1585564, *4 (C.D. Cal. 2011) (“Granting leave is appropriate if the order involves a controlling question of law where there is substantial ground for difference of opinion and when the appeal is in the interest of judicial economy because an immediate appeal may materially advance the ultimate termination of the litigation.”) (internal quotation and citation omitted). Based on the foregoing, IT IS ORDERED that: 1. No later than June 18, 2014, appellant shall show cause in writing why this action should not be dismissed for lack of jurisdiction. Failure to file a response to the order to show cause by the deadline set forth above shall be deemed consent to the dismissal of this action. 2. Appellees shall, no later than June 25, 2014, file a written response to appellant’s response referenced in paragraph one above. 3. A copy of all papers filed with the court shall be delivered to the drop box outside chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00 noon the following business day. All chambers copies shall comply fully with the document CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 14-3543 FMO Date Title In Re: Michael Joel Kamen June 11, 2014 formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule 11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in full compliance with this Order and Local Rule 11-3. 00 Initials of Preparer CV-90 (06/04) CIVIL MINUTES - GENERAL : 00 vdr Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?