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)

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
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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.

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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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vdr

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