In Re: Eagan Avenatti, LLP
Filing
18
ORDER APPROVING STIPULATION AND DISMISSING APPEALS PURSUANT Fed.R. Bankr.P. 8023(a) by Judge Mark C. Scarsi: The Court, having considered the parties stipulation and finding good cause, hereby APPROVES the Stipulation and ORDERS as follows: 1. Appeal Nos. 8:24-cv-00102-MCS, 8:24-cv-00105-MCS, and 8:24-cv-00132- MCS of the Bankruptcy Courts orders finding the United States in contempt and awarding fees under 11 U.S.C. § 105(a) are dismissed. The Court directs the Clerk to file this order in all three cases and close the cases.2. Pursuant to Federal Rule of Bankruptcy Procedure 8021(b) and 28 U.S.C.§ 2412(b), within 42 days after the date of entry of an order approving this stipulation, the United States will pay the Trustees counse l $5,692 for fees incurred in connection with the Contempt Order Appeals. The United States will pay the Trustee $0.00 for costs. The United States shall pay any court fees that are due. 3. No further fees or costs shall be requested or allowed in connection with the appeals. 4. All other deadlines in these cases are vacated. (Made JS-6. Case Terminated.) (lc)
1
2
3
4
NOTE CHANGES MADE BY THE COURT
JS-6
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE CENTRAL DISTRICT OF CALIFORNIA
10
SOUTHERN DIVISION
11
UNITED STATES OF AMERICA,
12
13
14
15
Appellant,
v.
RICHARD A. MARSHACK,
CHAPTER 7 TRUSTEE FOR
EAGAN AVENATTI, LLP,
18
19
20
21
22
23
24
25
26
Bankr. Case No. 8:19-bk-13560-SC
Chapter 7
Adv. Nos. 8:20-ap-01059-SC, 8:20-ap01060-SC, 8:20-ap-01150-SC
Appellee.
16
17
Dist. Ct. Case Nos. 8:24-cv-00102-MCS,
8:24-cv-00105-MCS, 8:24-cv-00132MCS (ECF No. 19 in 8:24CV102)
Order Approving Stipulation and
Dismissing Appeals Pursuant Fed. R.
Bankr. P. 8023(a)
In re,
EAGAN AVENATTI, LLP,
Debtor.
Hon. Mark C. Scarsi
RICHARD A. MARSHACK,
CHAPTER 7 TRUSTEE FOR
EAGAN AVENATTI, LLP,
Plaintiff,
v.
GALLO BUILDERS, INC., A
California Corporation,
Defendant.
27
28
1
1
On June 6, 2024, Appellant United States and Appellee Richard A. Marshack,
2 Chapter 7 Trustee, filed a stipulation to dismiss Appeal Nos. 8:24-cv-00102-MCS, 8:243 cv-00105-MCS, and 8:24-cv-00132-MCS and specifying how costs are to be paid.
4
The Court, having considered the parties’ stipulation and finding good cause,
5 hereby APPROVES the Stipulation and ORDERS as follows:
6
1. Appeal Nos. 8:24-cv-00102-MCS, 8:24-cv-00105-MCS, and 8:24-cv-00132-
7
MCS of the Bankruptcy Court’s orders finding the United States in contempt
8
and awarding fees under 11 U.S.C. § 105(a) are dismissed. The Court directs
9
the Clerk to file this order in all three cases and close the cases.
10
2. Pursuant to Federal Rule of Bankruptcy Procedure 8021(b) and 28 U.S.C.
11
§ 2412(b), within 42 days after the date of entry of an order approving this
12
stipulation, the United States will pay the Trustee’s counsel $5,692 for fees
13
incurred in connection with the Contempt Order Appeals. The United States
14
will pay the Trustee $0.00 for costs. The United States shall pay any court fees
15
that are due.
16
17
18
3. No further fees or costs shall be requested or allowed in connection with the
appeals.
4. All other deadlines in these cases are vacated.
19 IT IS SO ORDERED.
20
21 Dated: June 12, 2024
22
23 cc: Bankruptcy Court
___________________________
MARK C. SCARSI
UNITED STATES DISTRICT JUDGE
24
25
26
27
28
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?