In Re Kenny G Enterprises, LLC
Filing
10
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Fernando M. Olguin. Response to Order to Show Cause due by 11/12/2013. (vdr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
SA CV 13-1715 FMO
Title
In re Kenny G Enterprises, LLC
Present: The Honorable
Date
November 5, 2013
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
On October 30, 2013, Freedom Investment Corp. (“Freedom”) filed a Notice Regarding
Appeal from Bankruptcy Court and an Emergency Motion for Stay Pending Appeal, Pursuant to
Federal Rules of Bankruptcy Procedure Rule 8005 (“Motion to Stay”). On October 31, 2013, the
court denied Freedom’s Motion to Stay, which allowed the production of documents pursuant to
the bankruptcy court’s underlying order to proceed on November 1, 2013. It appears that the
denial of the Motion to Stay may have mooted the relief sought in the appeal. Furthermore, it is
not clear that the bankruptcy court’s underlying order is appealable to this court pursuant to 28
U.S.C. § 158. Accordingly IT IS ORDERED THAT:
1. No later than November 12, 2013, appellant shall show cause in writing why this action
should not be dismissed for the reasons noted above. Failure to submit a response by the
deadline set forth above may be deemed as consent to the dismissal of the action without
prejudice. Thomas H. Casey, the Chapter 7 Trustee of the bankruptcy estate of Kenny G
Enterprises, LLC, may submit a response in the same time period.
2. 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
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 1 of 1
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?