Yan et al v. Lei

Filing 11

ORDER DISMISSING APPEAL. Signed by Judge Richard Seeborg on 12/12/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/12/2011)

**E-filed 12/12/11 **

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
For the Northern District of California

United States District Court

8

12
IN RE DEMAS WAI YAN,

No. C 11-2211 RS

14

Debtor,
___________________________________

Bankruptcy No. 04-33526 TEC
Adversary Proceeding No. 10-03149 TEC

15

DEMAS YAN

13

16
17
18

ORDER DISMISSING APPEAL
Appellant and Defendant,

v.
CRYSTAL LEI.,

19
20

Appellee and Plaintiff.
____________________________________/

21
22

Appellant Demas Yan purports to appeal from an order docketed in Adversary Proceeding

23

No. 10-03149 TEC on February 23, 2011, denying his motion to dismiss the adversary complaint of

24

Appellee Crystal Lei, and from an order docketed on April 22, 2011, denying his motion for

25

reconsideration of the prior order. The denial of a motion to dismiss is an interlocutory order, and

26

as such, is not appealable as of right, absent circumstances not present here. See Leisure Dev. Inc. v.

27

Burke, 95 B.R. 716, 717 (9th Cir. BAP 1989) (citing John E. Burns Drilling Co. v. Central Bank of

28

Denver, 739 F.2d 1489 (10th Cir. 1984)). While the Court has discretion to treat a notice of appeal

1

as a motion for leave to appeal, see Leisure Dev., 95 B.R. at 717, nothing in the circumstances here

2

warrants doing so. Accordingly, the appeal dismissed.

3
4

IT IS SO ORDERED.

5
6
7

Dated: 12/12/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2